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Loss of consortium is the loss of moral support, companionship, or intimacy following an injury to a person’s spouse or registered domestic partner.
In California, a claim of loss of consortium can be brought by the spouse or child of a person who was injured by the negligent conduct of a third party. The cause of action arises when a third party negligently or intentionally injures the plaintiff’s spouse such that the plaintiff no longer enjoys the injured spouse’s conjugal companionship, society, and sexual relations (Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 408.)
A spouse of an injured person must be able to establish the following elements to prove a loss of consortium lawsuit:
The plaintiff must prove that the defendant committed a wrongful act against his spouse or domestic partner. Such acts can include:
Generally, the judge or a jury will determine how much value to give a plaintiff for a claim for loss of consortium. Factors considered in loss of consortium claims include loss of:
Loss of consortium falls under the category of non-economic damages, this means that the loss is intangible, and can’t be proven through documentation. Because of the nature of the injury, spouses in loss of consortium cases will be asked about their marriages before the injury. While determining the amount of compensation the courts can consider the stability of the marriage, each spouse’s life expectancy, and the degree to which the benefits of the marriage were lost.
According to CACI 3920, the spouse of the injured person can recover damages to reasonably compensate for the past and future loss of the injured person’s companionship and services.
Damages that are not recoverable in loss of consortium claims include:
A loss of consortium recovery will be correspondingly reduced in case the injured spouse was contributorily negligent. This means that in case the injured spouse’s negligence was partially caused the injury, then the other spouse’s compensation for loss of consortium will be reduced correspondingly.
If you believe you may have a loss of consortium claim we invite you to contact our personal injury attorneys today at (310) 943-1171 for a free consultation.
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A state of emergency is an official declaration that suspends regular governmental and constitutional procedures in response to a disease, earthquake, fire, flood, storm, riot, drought, infestation, or other natural or human-made disasters. Generally, the declaration remains effective for thirty days and, if necessary, can be extended for an additional thirty-day period. On March 4, 2020 in response to COVID-19 pandemic, Governor Gavin Newsom declared a California-wide state of emergency.
Price gouging refers to sellers trying to take illegal benefits of consumers during a disaster and emergency by significantly increasing prices for important consumer services and goods. California Penal Code Section 396(a) prohibits “excessive and unjustified increases” on a range of basic goods and services.
An excessive increase is an increase of more than 10 percent above the price charged by the person in question for the same goods or services immediately before the declaration of emergency. The law applies just after the President, the Governor, or city or county executive officer declares a state of emergency. Though, an emergency declaration can cover a specific geographic area, the price gouging law is applicable anywhere in the state of California, where consumer demand increases as a result of that emergency.
All businesses, individuals, and other entities are obliged to comply with the statute. The statute applies to all sellers, including:
Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones. Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of , , or .
The landscape of debt collection has evolved significantly in recent years, with the rise of a specialized industry: debt buying. Debt buyers purchase delinquent debts from original creditors, often for pennies on the dollar. , and then attempt to collect the full amount, plus interest and fees. This practice, while legal, can be fraught with issues for consumers, including inaccurate debt information, aggressive collection tactics, and the re-emergence of long-forgotten debts. To address these concerns, several states have enacted Fair Debt Buying Practices Acts (FDBPAs). This blog post will delve into the intricacies of FDBPAs, explaining how they protect consumers from potentially abusive debt collection practices by debt buyers and outlining the rights consumers have when facing collection efforts on purchased debt.
The California Fair Debt Buying Practices Act ("FDBPA") came into force on 1 January 2014. The act, which seeks to provide more protection for borrowers whose debt has been sold to a debt buyer, applies only to those debt buyers. It is not available to creditors, collection agencies or payment attorneys.
Whenever a person stops making payments on a credit account, a creditor can "bill" the account and sell it for less than what the debtor owes to a "debt buyer." So what exactly is a buyer of the debt and how are? Under the FDBPA, a "debt buyer" is defined as "a person or entity regularly engaged in the purchase of charged consumer debt for collection purposes, if it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation"(See section1788.50(a)(1) of the Civil Code of California). The term "charged-off consumer debt" implies "a consumer debt removed as an asset from the books of a creditor and treated as a loss or expense." (Section 1788.50(a)(2)).
If you're a homeowner struggling with debt, you might come across something called a "home equity sales contract." While it may sound like a quick fix to get some cash, it’s important to understand exactly how it works. The real estate market is speculating to recover, and property prices are continuing to rise. But for many borrowers, rising prices do not mean an increase in their ability to make loans payable. Though many may decide to sell their houses and move on, others may not do anything until they face foreclosure. The California legislature has been worried that those homeowners whose residences are in hang-out are at risk of fraud, deception and unfair dealing by buyers seeking to get control of the equity for little or no compensation. To hopefully avoid this, the Legislature passed the Home Equity Sales Contract Act (California Civil Code Section 1695). This has since been a source to resolve a considerable amount of confusion and litigation.
So, California law also generally requires special sales transaction management in order to protect homeowners in foreclosure. In addition, the Home Equity Sales Contract Act refers to transactions that satisfy all four conditions:
Within our contemporary times, credit reporting is a significant role to evaluate someone and their finances. This helps when you want to secure a loan, renting an apartment unit or business office, and so on. Credit history is determining factor, yet, we cannot be completely certain that these types of evaluations are true and fair. In 1970, a federal law came into affect that helps promote better guarantees for people and their credit score. This where the Fair Credit Reporting Act comes to play. Here at KAASS LAW, we encourage our clients and readers to stay inform and help them understand their rights. The following will discuss and show your rights and protection.
The Fair Credit Reporting Act (FCRA) is a federal law governing credit reporting agencies. Creditors, by law, have to publish a fair and accurate description of the credit history of a customer. The FCRA is primarily concerned with the way credit reporting agencies use the credit history details that they provide. The legislation aims to protect consumers from disinformation. It provides very specific guidelines on the methods used by credit reporting agencies to obtain and verify the information and describes reasons for the release of information. The legislation also extends to banks, credit unions and companies providing medical records and records of writing or rental background checks, as well as any entities using credit reporting information for recruiting purposes. The FCRA has often come up in media coverage when advocacy groups challenge the integrity of collecting information credit reporting agencies and the right of customers to contest the information and delete it from their credit report.
In a democratic society, transparency and accountability are paramount. Access to public records is a cornerstone of this principle. This allows citizens to scrutinize government actions and ensure they can given to the public interest. In California, this right is in the California Public Records Act (CPRA), a powerful tool for promoting government transparency. the following will help explore the key provisions of the CPRA. Here at KAASS Law, we strive towards knowledge and outlining what records are accessible. We also better explain the process for requesting records, and the limited exemptions that exist.
Everyone has a constitutional right to use the state's California Public Records Act (CPRA) to access a vast number of California public records. See the CPRA text in sections 6250 and 6253 of the California Government Code (Cal. Gov't Code), which states that any person, business, partnership, limited liability company, firm or organization, both within and outside California, can inspect public records in California.
Apple agrees to pay consumers an amount of up to $500 million to settle a class action lawsuit that was filed against the company, which accused the company of purposely slowing down iPhones. The Apple iPhone slow down class action suggested that the company was intentionally slowing down older versions of iPhones in order to make consumers spend money on purchasing new ones.
Apple has agreed to settle the lawsuit by paying consumers anywhere from $310 million up to $500 million. Apple will pay eligible consumers approximately $25 per iPhone that is covered by the settlement agreement, which could be more or less based on however many iPhones end up being covered. The minimum payout will be $310 million, while the maximum payout will be $500 million. The settlement is subject to approval by a judge on April 03, 2020.
The settlement covers various models of iPhones for consumers in the United States, including the following:
Do you believe you have been effected as a consumer? If so, you should be eligible for compensation from this lawsuit as long as you have previously owned one of the iPhones listed above that are covered by the settlement. Would you like additional information and legal assistance? at are always ready and willing to help regarding legal matters with the best of our ability! Feel free to give us a call anytime at (310) 943-1171.
The burden of proof in California is the obligation to establish the elements on the subject of the claim. In a criminal trial, the burden is solely on the prosecution because of the presumption of innocence, where in a civil trial the burden of proof is originally on the plaintiff and then can be shifted to the defendant. In civil trial the burden of proof is much lower for plaintiffs than the burden of proof for prosecutors in a criminal cases. During a criminal case, a prosecutor must establish the case against the defendant beyond a reasonable doubt.
Different standards of proof which depends on what is at stake in the case, such as the issue of rights to a property or money.
In majority civil trials, it is the plaintiff’s obligation to prove the case by a preponderance of the evidence. According to CACI 200 the party must be able to prove, with evidence to in the court, that what their requirement to prove is more likely to be true than not true. Thus, the preponderance of the evidence means that the plaintiff must show the court, that there is a greater than 50% chance that the defendant caused him the harm or injury.
Med Pay coverage in California (also known as medical payment coverage) is a type of optional insurance which covers bodily injuries caused by an auto accident. This type of insurance does not only cover injuries of a policyholder, but also covers injuries for the passengers who were involved in the accident as well. The unique quality about Med Pay is that medical expenses related to the injuries are covered no matter who is at fault for the accident. Advantages of medical payment coverage are that the policyholder and his/her family members can claim damages in case they:
Primary coverage provides the policyholder with a wide amount of insurance. A personal injury lawyer collects the medical bills that the policyholder has accrued after his accident. They bring forth those bills to the driver’s auto insurance, and the company will compensate for the damages.
California Penal Code Section 396(h)(4) regulates transportation, freight, and storage services, including towing; and repairs or reconstruction to residential or commercial property. According to California Penal Code Section 396(c) for 180 days following a declaration, a contractor cannot offer or sell any reconstruction, repair or emergency cleanup services for a price greater than 10% above the price charged by that person for those services immediately before the declaration of emergency. According to California Business and Professions Code Section 17568.5, hotel and motel room rates can’t exceed 10% above the regular rates advertised immediately before the declaration of emergency.
Items specifically listed in the law are the following:
Price gouging statute doesn’t cover cars and motorhomes requiring DMV registration. In some cases, if the seller can prove the price increase is a direct result of higher costs for materials, labor, or purchasing the goods from a supplier, the increase of more than 10% will be allowed.
Violation of Penal Code Section 396 is a misdemeanor with the following penalties:
Have you been affected by the Coronavirus pandemic? KAASS Law is offering our services for those who are in need of Coronavirus legal help. Get in touch with us now by phone at (310) 943-1171 or by filling out the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus--scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the The World Almanac. For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms--ask your doctor about those. Health care is getting innovative. For example, Harmony Health in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now!
When the debt buyer decides to write to a consumer, the debt buyer must at the time of writing "possess". Such information can not take collection action against you unless it has the following account details:
Currently, several states have enacted FDBPAs, including but not limited to:
Two senate bills from California will impact the consumer debt collection process providing relief to debtors in judgment. SB-501 (2015-2016) amends CCP § 706.050 and changes the formula for calculating the percentage of disposable income subject to a wage garnishment. As a result, this gives a slight amount of relief to low income judgment debtors. SB-641 (2015-2016) amends the Fair Debt Buying Practices Act (FDBPA) covering consumer debts sold or resold after January 1, 2014 and adds a new provision, Provision 1788.61 of the Civil Code. A judgment debtor may, by current law, file a notice of motion and motion to set aside a default or default judgment and for leave to contest a debt-related action up to 2 years after a default judgment has been entered. The provision would make a judgment debtor of a consumer debt sold or re-sold up to 6 years after that date, or 180 days after the actual notice of the case. victims of identity theft are given a special provision. The judgment debtor who files the motion should also include "an affidavit stating under oath that the person's lack of actual notice in time to defend the action is not caused by his or her avoidance of service or inexcusable neglect." Moreover, "either party may submit evidence in support of his or her motion or opposition, including evidence relating to the proceedings, and the court may consider such evidence.
Fair Debt Buying Practices Acts provide crucial protections for consumers facing collection efforts from debt buyers. Understanding your rights under these laws is essential for navigating the complex world of debt buying and protecting yourself from potentially abusive collection practices. If contacted by a debt buyer, it is important to take prompt action, request debt validation, and seek legal advice. Here at KAASS, we understand and can help guide our clients with their debt problems. Do not stop yourself or feel like this will hinder you for the rest of your life. Take action right away.
Do you have any questions related to your specific situation? Get in touch with our attorneys at KAASS Law for more information now!
The Act does not apply if any of those four provisions are not met. For instance, if a seller owns a property in foreclosure but the buyer occupies the property as his or her personal residence, the rule on home equity transactions does not apply. Nevertheless, if all four conditions are met, the purchaser must use a sales contract for home equity. One example is the C.A.R. standard form "Notice of Default Purchase Agreement" and annexes which include the many provisions of the Act including:
Considerably, the Act provides that until the time has elapsed for the Seller to cancel the Contract, neither the Buyer nor anyone who works for him may ask the seller to sign any deed or other document. Since this right of rescission doesn't begin to run until the buyer issues the notice, the seller cancel any time. And if the Buyer never delivers the Notice, even after the Buyer has registered their Deed, the Seller can rescind. Additionally, the legal penalty for infringing this right is three times the equity plus lawyer's fees and court costs. Even worse, for each violation, equity buyers who violate the home equity sales law may be convicted of a crime punishable by a one-year jail term plus a $25,000 fine. What about real estate agents, the law requires that an authorized security insurer contract a buyer's agent, but there were no insurers willing to bid the bond. The bonding provision extends to the agent or dual agents of a seller but not exclusively to a listing agent.
If you're thinking about entering into a home equity sales contract, here are a few things you can do to protect yourself:
A home equity sales contract can offer a way out if you're facing financial hardship, but it's important to fully understand what you're agreeing to before moving forward. It’s a good idea to consult a professional, like an attorney, who can guide you through the process and help you make an informed decision. By doing your research and making sure the terms are fair, you can avoid unexpected surprises. For any further questions and or need legal assistance, please contact us right away! Strive to better secure your house and your future!
If someone who uses a credit report or any other type of consumer report to deny your credit, insurance or employment application, or to take any other negative action against you, must tell you the name, address and telephone number of the agency that provided the information.
You should ask for and receive all the information about you in a consumer service agency's reports (your "file disclosure"). They will ask you to properly identify which may include your Social Security number. In many instances, it will be safe to report it. You the right to obtain a free disclosure of the file if:
Therefore, all customers have the right to one free disclosure every 12 months at the request of each regional credit office and national specialty consumer reporting agency.
Credit scores are numerical summaries of your creditworthiness, based on credit bureau knowledge.
If you find missing or inaccurate information in your file, and report it to the consumer 2 reporting agency, the agency will decide if your dispute is not frivolous.
A consumer reporting agency may provide information about you only to people with a legitimate need – usually with a creditor, lender, employer, landlord, or other business considering an application. The FCRA sets out those with a valid access requirement.
Inaccurate, incomplete, or unverifiable information, usually within 30 days, must be deleted or corrected. A consumer reporting agency may however continue to report information that it has checked as reliable. Customer reporting agencies may not disclose the negative information obsolete. In most cases, a consumer reporting agency may not disclose negative information older than seven years, or bankruptcies older than 10 (ten) years. The Fair Credit Reporting Act (FCRA) is an essential law that empowers consumers to take control of their credit information and ensures that credit reporting agencies operate with transparency and fairness. By providing you with the right to access your credit report, dispute inaccuracies, and protect your privacy, the FCRA helps safeguard your financial reputation and prevent identity theft. If you ever find discrepancies or errors on your credit report, remember that you have the right to challenge those inaccuracies and seek corrections. Are you in need of additional information about the Fair Credit Reporting Act (FCRA)? Get in touch with KAASS Law for more info about FCRA and debt collection now. You can give us a call at (310) 943-1171 or fill out the form below and we will contact you at your earliest convenience.
The CPRA (California Government Code sections 6250-6270) provides the public with the right to inspect and copy government records. It establishes a presumption of openness. This means that government records are generally a consider public unless a specific exemption applies. The CPRA covers a wide range of state and local government agencies, including:
One can examine the public records of state offices, officers, departments, divisions, offices, boards as well as commissions in California and other state agencies and bodies. You can also audit local authorities' public records, including counties, cities, school districts, municipal corporations, districts, political subdivisions, local government departments, and non-profit organizations that are a local agency's legislative bodies. You would not, however, be able to access the records of the California state legislature or its committees, nor of the CPRA state courts.
One can review all of the government bodies subject to CPRA's "public records." The phrase "public records" is broadly defined to include information pertaining to the conduct of the business of the public which is prepared, held, used or maintained by any state or local entity regardless of the medium in which it is stored. Look at Cal. Code Gov't Section 6252(e). Keep in mind that public records do not extend to public officials’ personal information that is unrelated to the conduct of public business (for example, a telephone message taken from a colleague's wife about picking up children by a public official), or government-developed computer software.
An agency can decline to provide a record if "the public interest served by not making the record clear outweighs the public interest served by disclosure of the record" in a particular case. (Cal. Gov't Code Section 6255) In addition to this general exception, if one or more of the following strictly interpreted statutory provisions apply, an entity is allowed (but not required) to deny disclosure. A long list of specific exemptions is set out in the Act (Cal. Gov't Code Section 6254), including:
The California Public Records Act is a powerful tool for promoting government transparency and accountability. By understanding your rights under the CPRA, you can effectively access government information. This will ensure that public business is willingly to remain openly and in the public interest. Don't feel hesitant and exercise your rights without any issues. We the people should have access and find our form of the truth.
Do you have any questions or concerns about your access to public records in California? Our attorneys at KAASS Law may be able to help you out. Give us a call at (310) 943-1171 for more information!
According to CACI 201 certain facts must be proof by clear and convincing evidence, which is a higher standard of burden of proof. This means the plaintiff must be able to establish that it is highly probable that the fact is true and there is a substantial likelihood that the defendant committed the illegal act. The burden of proof by clear and convincing evidence is a requirement when particularly significant individual rights or interests are at stake, such as: involuntary commitment, termination of parental rights, withdrawing life support from a relative or deportation.
In case the plaintiff is able to present sufficient evidence and convince a jury by the preponderance of the evidence that the defendant has committed the illegal act, the burden of proof will shift to the defendant. Numerous forms of evidence can be offered at trial, such as:
The burden of proof can continue to shift until one party is incapable of meeting the burden.
As mentioned above, in a criminal trial, the defendant is presumed innocent until proven guilty. Therefore, the burden of proof is always on the prosecution. In case the prosecution fails to prove the defendant’s unlawful actions, the defendant doesn’t have to prove anything. The highest standard in criminal cases is beyond a reasonable doubt. Which is a much higher burden than preponderance of evidence. Beyond a reasonable doubt means that there is a great likelihood that the defendant is guilty of committing the crime. Do you have any specific questions about a situation involved with yourself or a loved one? An attorney near you should be able to provide you with legal assistance regarding your particular matter. Our law firm in California offers services throughout Los Angeles County, San Bernardino County, Ventura County, and all surrounding areas. Are you are involved in a situation that consists of legal matters? If so, you do not need to go through the situation on your own. Asking for professional advice and assistance regarding your specific case can increase the likeliness of a positive outcome.
Second coverage is not expensive but is only applicable if the driver already possess health insurance. The main advantages of secondary coverage are that the co-pays, deductibles, and the segment of the medical cost that the driver’s insurance company does not pay for will be also covered. Additionally, it is worth mentioning that Med-Pay is not unlimited, and the largest amount a policyholder can receive is $25,000 dollars.
When comparing Med Pay and PIP it can be difficult to decide which one to choose. Depending on your circumstances, it is important to decide which auto insurance coverage would fit you best.
Med Pay covers medical, recovery, and even dental expenses after an accident but it does not replace any kind of health insurance.
PIP coverage is a little more extensive than just covering only medical bills. With this type of insurance rehabilitation expenses, psychiatric bills and occupational therapy costs will be covered. PIP also offers insurance for lost wages.
The insurance covers all related medical payments from when the vehicle accident took place all the way through the treatment process. The expenses can include:
The following expenses are not covered under California medical payments insurance:
Do you have any additional questions about med-pay coverage for a specific situation that you're involved in? You should be able to seek legal assistance from an attorney in your area. KAASS Law offers services throughout Los Angeles County, San Bernardino County, Ventura County, and surrounding areas. If you are located within our service area, feel free to give us a call about any questions or concerns you have regarding your matter. We will try to help you out with the best of our ability.