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US citizens and legal permanent residents can sponsor their family members for a green card. Particularly, a US citizen can sponsor his spouse, children, parents and siblings, while a legal permanent resident can sponsor his spouse and unmarried children. The petitioner willing to sponsor his relative and the beneficiary family member shall go through certain procedure to obtain green card for the family member.
The initial step in the process of sponsoring a family member for a green card is filing the Petition for Alien Relative with USCIS. The USCIS Form I-130, Petition for Alien Relative, shall be used for initiating the sponsorship process. The current version of the Form I-130 can be found on the USCIS website (www.uscis.gov/forms). The petition contains information about the petitioner, the beneficiary family member, and their relationship. The petitioner shall file the petition with all the documents showing that the family member qualifies for the sponsorship. The list of supporting documents is different based on the family relationship between the petitioner and the beneficiary. However, the main purpose of the supporting documents is to show that the petitioner is a US citizen or a legal permanent resident, and that the required family relationship exists between the petitioner and the beneficiary. The petition is filed in the appropriate USCIS office based on the address of the petitioner. The petition is considered properly filed if it is signed by the petitioner, and the filing fee is paid. The current filing fee for the Form I-130 is $535 which shall be paid simultaneously with filing the petition for family member unless the petitioner qualifies for a fee waiver.
The approval of the petition for family member does not mean that the beneficiary family member will automatically get his green card. After the approval of the petition the family member has to apply to the consulate in his home country to obtain immigrant visa to enter the US as a legal permanent resident or has to submit an application to adjust his status if he is already in the US. However, not in all the cases the family member can apply to the consulate or file the application to adjust his status immediately after the approval of the petition.
The approval of a US citizen’s petition for his spouse, parents or unmarried children under 21, so called immediate relatives, makes the immigrant visa immediately available for the beneficiary family member. This means that right after the approval of the petition immediate relatives can apply to the consulate in their home country and obtain an immigrant visa to enter the US as permanent residents. If beneficiary family members falling under the immediate relative category are already in the US they can obtain their permanent resident status by filing an application to adjust status with USCIS. The application to adjust status can be filed simultaneously with the petition for alien relative or right after the approval of the petition. Generally, immediate relatives planning to adjust their status in the US file their application together with their family member’s petition for alien relative. However, it should be noted that the family member planning to adjust his status should qualify for the adjustment of status. There are certain circumstances that might bar a person’s eligibility to adjust his status in the US. One of the most common bars to adjustment of status is illegal entry to the US. On the other side, overstaying a visa does not bar an immediate relative’s eligibility to adjust his status.
The approval of the petition for alien relative does not make the immigrant visa immediately available for family members of US citizens who do not fall under the immediate relative category or for family members of legal permanent residents. The waiting time for these family members depend on the family preference category under which they fall and their country of citizenship. The Immigration and Nationality Act divides family members of US citizens and legal permanent resident into four preference categories: 1) First Preference – unmarried sons and daughters of US citizens who are 21 and older; 2) Second Preference – spouses and unmarried sons and daughters of legal permanent residents; 3) Third Preference – married sons and daughters of US citizens; 4) Fourth Preference – brothers and sisters of US citizens. Specific limit is set on the number of visas that can be issued in each preference category. US consulates abroad cannot issue more visas than the number allocated to the specific preference category. The number of petitions for family members considerably exceeds the number of visas allocated for the preference categories. Therefore, a substantial backlog has been created, and the family members of US citizens and permanent resident have to wait for long years until their visa becomes available. It should also be noted that there is a per country limit on issuance of visas each year as a result of which citizens of certain countries have to wait much longer than others. US Department of State publishes a monthly visa bulletin which specifies the waiting times for all preference categories for all the countries. The visa bulletin states how long the family member will have to wait after the petitioner properly files the petition for alien relative, so called priority date. For example, pursuant to the last visa bulletin, unmarried sons and daughters of US citizen who are 21 and older and who are citizens of Mexico shall wait for 21 year until their visa becomes available, citizens of Philippines falling under the same category will have to wait for 11 years, while citizens of all other countries will have to wait for 6 years. The link to the most recent visa bulletin can be found here Once the visa becomes available, the family member can apply to the consulate in his home country to obtain an immigrant visa to enter the US or to apply to adjust his status if he is in the US and qualifies for adjustment of status. For certain family members of US citizens falling under the category of immediate relatives it does not take long to immigrate to the US because their immigrant visa becomes immediately available after the approval of the petition for alien relative. However, family members who fall under one of the preference categories discussed above have to wait for years until their immigrant visa becomes available. Give our immigration attorneys a call for a free consultation. We speak English, French, Spanish, Russian, Armenian, and Italian.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
It is always a drag being part of a motorcycle accident. Literally. An automobile is built to keep you safe and cozy from all the noise, smoke, and life threatening injuries. For Example the B-Pillar, which is the part of the automobile frame which your seat belt is usually attached to. This part of the car is a life saver from T-bone accidents and collision. See image. Now substitute the automobile with all its fine tuned standard protections against bodily injury and death with a 2 wheeler. A motorcycle, yes that thing that buzzes next to you on the 10, 405, and my favorite the 2 freeway. The machine we have all wanted to ride or learn how to ride, but more one reason or many opted to save more than a pretty penny. With a motorcyclist, whom we are all afraid of injuring or potentially even worse. I can honestly say that after years in the practice of representing motorcycle accident victims with massive traumatic and life changing injuries, I have more or less developed a sort of PTSD. Every time I hear the purring of the motorcycle’s engine in the back of my ear, I automatically remember 2 things. Do not even think about placing or answering a hands-free phone call of course and put down that country music. Post-Traumatic Stress you say? I say, my civil duty for the safety of my fellow man. Exactly. I feel as if I worry about these souls more than they. Whizzing, squeezing, cutting, splitting, and my favorite, all while stylishly popping a wheelie standing on the seat with one leg no hands or helmet, providing job security for the Highway Patrol. Oh, yes, slightly, the undiagnosed kind.
Family members of US citizens and permanent residents are the primary source of immigration to US. US citizens and permanent residents can sponsor some of their foreign citizen family members for green card. When the foreign family member can obtain the green card depends on the status of the petitioner (whether he is a citizen or a permanent resident) and the family relationship between the petitioner and the family member.
So called immediate relatives of US citizens have the easiest route to immigrate to US. The category of immediate relatives includes spouses of US citizens, unmarried children under 21 of US citizens, and parents of US citizens who are 21 and older. The main advantage of being an immediate relative of a US citizen is that they are exempt from numerical quotas for the issuance of immigrant visas that apply to other family categories. The exemption means that immediate relatives, if they are otherwise admissible, will be admitted to US regardless the numerical limitations.
L-1 non-immigrant visa is for intracompany transferees who come to the United States to temporarily work for a U.S. company. If you are a foreign worker overseas, a U.S. company may qualify to transfer you with an L-1 visa, as an overseas employee, to the U.S. to work as a manager, executive, or specialized knowledge personnel.
“A manager generally refers to someone who supervises and controls the work of other supervisory, professional managerial employees. The L-1 visa classification also includes managers of an essential function within the organization or a department or subdivision of the organization.”
“An executive generally refers to someone who primarily directs the organization or a major component or function of the organization.”
“An individual with specialized knowledge is someone who possesses special knowledge, of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.”
The most significant protective gear while riding a motorcycle is your helmet. Helmets that meet the Department of Transportation (DOT) standard are potentially the most effective way of reducing injury levels while riding a motorcycle. The DOT standards are for motorcycle helmets that usually hold a minimum standard of protection for riders. The most effective motorcycle helmets are the full-face helmets, protecting the face and chin. Helmets that are effective can protect the rider from acquiring a Traumatic Brain Injury, which is often the cause of motorcycle accident death. Helmets reduce the risk of head injury by 69%
Research shows that motorcycle helmets absorb the energy from the crash to protect the rider from experiencing the force of the collected injury on their head. Unhelmeted motorcycle riders are known to have more of a significant amount of severity in their injuries than helmeted motorcycle riders.
Under California Vehicle Code § 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn . . . shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. According to California Civil Jury Instructions (CACI) a “hazard” exists if: "any approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision [or accident]." In other words, the driver who is attempting to make a left turn must ensure that no oncoming vehicles are close enough to be a hazard before he or she proceeds across each lane the driver of a vehicle will yield the right of way, until the turn may be made with reasonable safety.
Before we dive into determining fault in a left turn motorcycle collision, it is important to understand the term "Negligence", which is a term used to characterize conduct that creates an unreasonable risk of harm to others. In order to prove negligence you must prove:
Many times, product liability lawsuits can arise out of a motorcycle accident. In Soule v. GM, “A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.” This is one of many that defines defective motorcycle gear and product liability laws. It's quite often that faulty tires, helmets, or jackets, can be a cause or worsen a motorcycle accident. Helmets and jackets alone can be exacerbate a motorcyclist’s injuries in the event of an accident. This is why we have defective motorcycle gear and product liability laws.
If a motorcycle manufacturer fails to warn or label the risk towards the consumer, the item is therefore defective.
Some common motorcycle accident related questions riders have are regarding how insurance adjusters determine liability. The following are some of those common questions for California motorcycle helmet laws.
A: The party making the left turn is at fault when failing to allow vehicles pass saftley before turning left. Under California Vehicle Code § 21801.
A: It is always important to document as much material as you can. Take photos and videos of damage to your motorcycle and the other vehicle. Include your gear, helmet, and any physically visible injuries. Keep copies of any and all medical records, bills, and any related expenses. If you are unable to meet with an attorney right away, do not admit any fault or sign anything in order to preserve your rights.
Are you filing a lawsuit? Defending a lawsuit? If so, you are naturally—and, inevitably—thinking about the excessive expenses. Being involved in litigation is a burden on your pocket—not to mention a burden on your mind. You can minimize your mental burden concerning expenses by learning that there are in fact ways on recovering attorney fees.
The general “American Rule” places each party responsible for its own legal costs, including attorney fees. In other words, based on this rule even the prevailing party must pay his or her own attorney fees arising out of litigation. Surely, California follows this rule, regardless of what the cause of action may be and regardless of whether you win or lose the case. However, there are exceptions to this rule. The prevailing party may be awarded in two situations: (1) based on a written contract provision, (2) based on an applicable statute. These exceptions may hold the losing party responsible for paying the prevailing party’s attorney fees.
Signing a contract? Look out! There may be a clause in the contract you are about to sign, which provides the prevailing party in litigation to be awarded with most, if not all, of its reasonable fees. Generally, a contract that includes such provision is enforceable. A contract that entitles recovery of said expenses addresses the rights of the prevailing party to collect not only attorney fees, but also its reasonable costs incurred before and during litigation. Such costs include, but are not limited to, court filing fees, expert witness fees, preparation for deposition, pre-trial interviews, serving complaints, paying court reporters, photocopying, and travel expenses. On the other hand, reasonable attorney fees are the compensation for the legal services an attorney performs. While attorney fees and the legal costs are different, contract provisions may entitle the prevailing party to recover for both expenses.
E-2 investor immigration visa allows entry to the United States (from another country that the United States maintains a treat y with) in order to work based on a substantial amount of investment and control he or she will hold while in the United States.
The investment must be active. An active investment refers to its operation and services. In other words, the investment must allow the investor to undertake procedures in an effort to produce goods for profit. The investor must engage in the business enterprise; passive activities within the business enterprise will not qualify. For example, purchasing a property may not be sufficient. Instead, the investor must hire employees in order to manage, develop, improve, and maintain that property. Throughout this process, the investor must remain active by controlling and directing the investment in order to begin or continue providing services.
OTS has data that shows back in 2021, in Los Angeles, California, with an approximate population of 10 million people, 2,812 people died or were victims of a motorcycle accident. These types of numbers appear small, but these are real numbers and, nonetheless, real people who are no longer with us or cannot be the same due to a motorcycle accident.
Here at KAASS Law, as always, reminds everyone to be safe and extremely cautious out there! You have all given us so much business in the past and we have fearlessly advocated for your causes and brought in the big settlement bucks. However, as I hear our attorneys time and time again pragmatically and unsuccessfully advise--“Maybe you keep off that thing for a while.”
In addition to immediate relatives of US citizens, there are other family based categories which are subject to numerical limitations. Family-sponsored immigrants are divided into four preference categories: 1) First Preference – unmarried sons and daughters of US citizens. This group includes unmarried sons and daughter who are 21 and older. Each year 23400 visas are available to family members who fall under the first preference. 2) Second Preference – spouses and unmarried sons and daughters of permanent residents. This group is divided into 2 categories: (a) spouses and unmarried sons and daughter under 21, and (b) unmarried sons and daughters who are 21 and older. Permanent residents cannot sponsor their married sons and daughters. The annual limit of visas in the second preference category is 114200. It should be noted that 77% of available visas in the second preferences category is allocated to spouses and unmarried sons and daughters under 21. 3) Third Preference – married sons and daughters of US citizens. This preference category includes married sons and daughter of US citizens whether they are under or over 21. The annual limit of visas available in this preference category is 23400. 4) Fourth Preference – brothers and sisters of US citizens. To fall under the fourth preference category the siblings must have at least one common parent. 65,000 visas are available in this category annually. Are you wondering how long it will take to bring a family member to the US? Because of the limited number of visas available each year, family members of US citizens, other than immediate relatives, might have to wait for years in order to obtain permanent residence in US. It should also be noted, that because of per country limits on issuance of visas, citizens of certain countries have to wait much longer compared to others. The waiting times for all 4 preference categories are available in the Visa Bulletin which is updated by US Department of State monthly. Family based immigration gives an opportunity to US citizens and permanent residents to bring their family members to US. However, US citizens and permanent residents must keep in mind that in many cases they might have to wait for years until their family members will be admitted to US. Speak to a Glendale immigration lawyer from KAASS LAW for a free consultation. We speak English, Spanish, Armenian, Russian, French, and Italian.
Requirements for obtaining L-1 visa status are:
Before being transferred to the U.S. company with an L-1 visa, the employee must have completed one continuous year of work outside the U.S. with the overseas company. However, if an employee works in the U.S. during that year, he or she will need to equally work for the overseas company in order to obtain a total of at least 12 months employment overseas.
The overseas company that the employee works for during the required period of one year must be related, such that it must be the same employer, subsidiary, or affiliate of the U.S. company. To prove the amount of time worked, the employee may include pay stubs, payroll records, or tax records.
In order for the company to be a qualifying organization, it must be doing regular, systematic, and continuous business in the U.S. and another country during the entire duration of the transfer.
The transferee must fill in at least one of the following three capacities: executive, manager, or specialized knowledge. There is no requirement for the employee being transferred to the U.S. to perform the same services as he or she did overseas; they may be employed in a different capacity in the U.S. For example, an individual with specialized knowledge overseas may be transferred to work in the U.S. as a manager. The same is possible with an employee working as a manager overseas and being transferred to the U.S. as an employee. Provided that the position held by the employee was for a period of one year before transferring with an L-1 visa.
As explained above, the employee must not fill in the same position as he or she did overseas. However, the employee must be working in a capacity involving duties of an executive, manager, or specialized knowledge personnel.
The employee must be qualified for the position he or she is transferring to occupy. United States Citizenship and Immigration Services (USCIS) require proof of such qualifications by showing prior education and experience. This proof must be presented with the L-1 petition.
The employee must intend to depart the U.S. after the completion of his authorized stay. However, an L-1 employee can seek permanent residency in the U.S. if he qualifies on another basis.
An individual, entering the United States in L-1 status, will stay for the time required by the U.S. company, up to three years maximum. However, up to two years of extension can be authorized in increments. A maximum stay for managers and executives (L-1A) is seven years, where as for specialized knowledge personnel (L-1B), it’s five years. An employee with specialized knowledge may later qualify for a managerial or executive position within the U.S. company only if the specialized knowledge employee has been performing managerial or executive duties for six months before requesting an extension of stay beyond what is permitted for the specialized knowledge employee, which is five-years. This distinction is important for two reasons. First, to determine the duration of the transferee’s stay. Second, because managers and executives have a potential route to obtaining permanent residency in the U.S.
Under L-2 nonimmigrant category, family members of the L-1 nonimmigrant are permitted to enter the United States. Family members only include the visa holder’s spouse or unmarried children under the age of 21. However, once children reach the age of 21, they may no longer remain in the U.S. The duration period for family members is the same as that of which the main working family member is admitted. Family members admitted in the L-2 nonimmigrant category may now be authorized to work and study while remaining in the U.S. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Each state has their own helmet law. California has a Universal Helmet Law. Pursuant to California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803.
(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, 'wear a safety helmet' or 'wearing a safety helmet' means having a safety helmet meeting the requirements of Section 27802 (see :Standards" below) on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement.
(f) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle."
In the United States, there are two types of motorcycle helmet laws:
Research shows that The Universal Helmet Law increased helmet use significantly. The opposite occurs when The Universal Helmet law is not active: helmet use is decreased, alongside with increasing injury and death levels. According to the Insurance Information Institute, the federal government estimates that helmet use while riding a motorcycle can reduces the risk of dying in an accident by 37 percent.
Under California Vehicle Code 27803, it is mandatory to wear a helmet as a rider or passenger while riding a motorcycle. It is even illegal for a helmeted rider to ride with an unhelmeted passenger. Wearing a helmet can help protect riders and passengers from excessive damages. Although it is the law in California, it is strongly suggested riders utilize DOT approved helmets.
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
In theory both a rider and the motorist can potentially be partially responsible for causing the left turn collision. For instance under the comparative negligence theory a party may contribute to an act of negligence or be comparatively negligent for his or her own injuries. However, it is important to remember that recovery for damages will be reduced by the percentage of fault associated with that matter. For instance, if you were found 20% at fault for causing the accident, your settlement and or judgement will be reduced by 20% of the entire dollar amount settled or awarded.
There are several problems with this. First off, even if there is a traffic collision report, stating that the driver of the car was at fault, the traffic collision report is hearsay. As a matter of fact, it cannot get admitted as evidence to prove the dynamics of the motorcycle accident. Also, the insurance company also doesn’t have to consider this as proof of fault. The insurance company attorneys not having to consider the traffic accident report, will begin placing blame on the innocent victim. They might claim, the rider wasn’t being inattentive. Or they may say you weren’t riding at a safe speed during the collision. Then again, they might claim the rider should have yielded. The Endless Insurance Company Excuses. They can also claim the motorcyclist was not wearing bright enough clothing or anything else. Hence they may argue the motorcyclist at fault instead of the insured auto driver. So besides being worried about getting your bike fixed and custom motorcycle parts, now you have to PROVE it was not your fault.
Negligence determines who was at fault and their degree of the blame. Both a rider and the motorist can be partially responsible. The biker can still recover money. Some of these accidents take place due to the motorcyclist passing a larger vehicle in the same travel lane. In fact, that could have obscured him from an oncoming vehicle turning left. The other motorist usually fails to have enough reaction time to complete the left turn safely. This makes the car into a wall of steel, ejecting the rider from their bike. The rider may have been reckless. So starting a motorcycle lawsuit is not always the answer. A unique factor to consider remains that most insurance companies refuse to pay money after a rider gets smacked down.
We provide 24/7 motorcycle accident hot line available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney today. Our motorcycle accident lawyers charge our clients' zero upfront legal fees. You pay nothing until and unless we successfully secure a settlement or judgement.
Experienced and inexperienced riders must be ready to deal with every roadside contingency in as little as microseconds. Motorcycle accidents normally occur blue and are totally unpredictable. Only sturdy boots, helmets and other gear reduce harm. But when coupled with training and muscle memory it can prevent harm.
We provide 24/7 motorcycle accident hotline available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney today. Our attorneys speak English, Spanish, Russian, Armenian, and French.
Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Under state law, product liability in California is "strict liability". A Plaintiff does not have to prove negligence by the manufacturer or any in the chain of distribution. However, the Plaintiff must meet the burden of proof in order to recover monies for injuries sustained. In Anderson v. Owens- Corning Fiberglas Corp, “Strict liability has been invoked for three types of defects—manufacturing defects, design defects, and ‘warning defects,’ i.e., inadequate warnings or failures to warn.”
Also, in Greenman v. Yuba Power Products, Inc., “A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being… The purpose of such liability is to insure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves.”
In the case of Elmore v. American Motors Corp., “[T]he doctrine of strict liability may not be restricted on a theory of privity of contract. Since the doctrine applies even where the manufacturer has attempted to limit liability, they further make it clear that the doctrine may not be limited on the theory that no representation of safety is made to the bystander...." Going further on the case, "If anything, bystanders should be entitled to greater protection than the consumer or user where injury to bystanders from the defect is reasonably foreseeable. Consumers and users, at least, have the opportunity to inspect for defects and to limit their purchases to articles manufactured by reputable manufacturers and sold by reputable retailers, whereas the bystander ordinarily has no such opportunities. In short, the bystander is in greater need of protection from defective products which are dangerous, and if any distinction should be made between bystanders and users, it should be made, contrary to the position of defendants, to extend greater liability in favor of the bystanders.”
In most motorcycle products liability cases, an expert witness testimony is a requirement to prove any defective products.
In California civil lawsuits, jurors are given jury instructions in order to help them determine whether the Defendant(s) should be held liable for injuries caused to the Plaintiff(s). A list of jury instructions can be found on the CACI Series 1200 Products Liability Section.
Give us a call! Speak to a experienced motorcycle accident attorney and motorcycle product liability attorney. We are located in Glendale, Los Angeles County, CA. Our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic. [video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2019/12/output_HD7204.mp4"][/video]
A: Under California motorcycle helmet laws, all riders must wear motorcycle helmets, no matter the age. If you sustain a head or brain injury while NOT wearing a helmet, it will be difficult to recover damages for your injury. If you sustained other injuries, such as, broken rib, broken bone, back or shoulder injury you may still be able to recover for other injuries, however an issue that arises and also relevant as to the amount of damages you will recover, if it is shown that your failure to wear a helmet contributed to your injuries.
A: Check your helmet to find a label that reads "DOT", which stands for Department of Transportation and is the manufacturer's certification that the helmet conforms to federal safety standards. If you were involved in a motorcycle accident, call now for a free consultation and speak with a motorcycle accident attorney. Our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
KAASS LAW has the authority to practice law in California. The above content is for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Additionally, if an applicable statute authorizes, the prevailing party in litigation can seek to recover attorney fees. Some California statutes are discretionary; such that the court “may” award attorney fees to the prevailing party, whereas other statutes provide mandatory language and “shall” award the prevailing party with its attorney fees. Some statues that allow the prevailing party to recover is when the losing party files a lawsuit based on no grounds, such that there was no reason to bring forth the lawsuit; instead, it was a waste of court’s time and resources. Other statues allow recovery of fees from a case that substantially benefits or influences the public. Give us a call, we speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
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The investment must be substantial. While there is no set minimum amount to consider the investment “substantial,” it must nonetheless be substantial in its connection to the total expenses of purchasing an existing or already established business enterprise. Also, a substantial amount of capital must be sufficient to secure the successful operation of the business enterprise.
One of two tests must meet in order to consider a “substantial” investment:
Investment must not be marginal. That is to say, the investment must have the potential or power to produce enough income in order to support a decent living for the treaty investor and his family. Additionally, in most instances, such investment should provide individuals living in the U.S. with job opportunities. While creating employment opportunities for U.S. workers is not a requirement, it can be in use to show that the investment is not marginal. When an investment is not considered to be marginal, it will require individuals beyond the investor to operate the business or enterprise. Further, it will generate enough income to fulfill the investors living expenses, along with payment of its U.S. workers.
Therefore, the issue is whether there is a projected and reliable return on the investment in order to meet the requirements of an E-2 treaty investor visa.
An essential role in an enterprise can be held by both the principal investor and certain employees of the investing enterprise. Both can obtain a treaty-investor status.
An individual, applying to enter the U.S. as a treaty investor, is considered a principal investor when he has a majority—at least 50%—ownership in the business, along with the responsibly of controlling and developing that enterprise. This generally occurs when the investor owns a majority and controlling interest in the business.
Another way an individual can enter the U.S. is as an employee of a company. In order to qualify for an E-2 nonimmigrant visa as an employee of a treaty investor, the following must be satisfactory:
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
KAASS LAW has the authority to practice law in California. The above content is for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
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