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Facing eviction in Los Angeles, California occurs more frequent than one would assume. Los Angeles currently holds the title for having the highest number of recorded evictions in the state of California. The reasons for eviction vary and the most common are listed below:
The following are also key things to note:
Due to the COVID-19 Pandemic, Los Angeles County has added extra protection for certain tenants and circumstances. June 1st, 2022 through December 31st, 2022 Los Angeles County will be following the Updated COVID-19 Tenant Protections Resolution. Some context of the resolution is listed below:
If you or someone you know of is in need of an attorney due to wrongful eviction or a tenant conflict, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.
California Vehicle Code 12500 (b) states, “A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class.”
It is most likely that you will want to obtain the M1 class motorcycle license, which permits you to drive a traditional motorcycle. The M2 and M3 class licenses are only for motorized scooters, “mopeds,” and 3-wheel motorcycles. You will need to go to a DMV and provide your:
Then, you will need to perform the following:
Earning a CCMT by completing the course can be used to opt out of the in-person driving test at a DMV. However, you will still be required to pass a written test regarding motorcycle operation laws.
Uber is typically considered a technology company that provides a service of connecting people who want a ride with people who want to drive them around. Using an app is often convenient, quick, and cheaper than using a taxi.
Thus, Uber drivers are not considered employees of the company, rather, they are independent contractors. This is problematic for passengers who are injured in an accident since employers are generally liable for the actions of their employees. Although, it is to be noted that California Assembly Bill AB5 is hoping to provide protection to employees of gig app sharing economy companies such as Uber and Lyft.
If a passenger was hurt in an accident, he must seek prompt medical attention. Even if the passenger doesn’t have pain right away, he can experience symptoms several days after the accident. Under California law, victims of car accidents have a right to recover compensation equal to the full value of caused damages. Passengers can recover for both monetary losses and intangible, noneconomic damages.
An injured passenger involved in an Uber accident may be entitled to the following compensation:
Covenants, Conditions, and Restrictions (CC&Rs)
What?
If you purchase a property within a planned community, you’ll automatically be part of a great looking neighborhood, with well-kept lawns and possibly access to some neat facilities like pools and parks. However, you are also buying into a very meticulously thought out development area which brings with it some baggage. Firstly, from the moment you begin to own a property in a planned community, you become a part of that community’s homeowners’ association, or HOA. The HOA itself is run like a nonprofit corporation, and it comes with all of the bureaucratic idiosyncrasies therein. Perhaps even more importantly, you also must abide by the HOA’s rules and guidelines for the entire planned community, which are outlined in full detail in a section called the Declaration of Covenants, Conditions, and Restrictions, or the CC&Rs.
How?
The HOA can impose a wide variety of rules and restrictions because when you buy a property within its planned community, you automatically give your consent to its protocols and your word to abide by its regulations. Therefore, you can think of the CC&Rs as the rules of your neighborhood. They are the law of the land within the planned community, which can seem a bit jarring since you also have your own property within the community. You must follow all of its rules along with any of the laws of your city and county. You may feel uneasy now thinking about the prospect of having so many more rules to follow on top of everything else, and you’d be right to worry!
The thing is, most of the time lots of the rules make sense and are quite easy to follow. As an example, it probably would not be too difficult to comply with a rule that says your lawn should be regularly mowed and well-kept; you probably would have done that anyway in the regular upkeep of your property. But other regulations may hugely interfere with your lifestyle or may seem outright insensible to you. For instance, your might want to park your car on your street so you can have more space in your garage for storing your belongings. The HOA, however, may have a thing or two to say about it. If they require you to park your car in your garage then you will have to comply. Alternatively, you may have a beautiful labrador that is part of your family, but the HOA may not allow larger dogs in the community even if they are perfectly trained and friendly. Furthermore, if you plan on altering the property in any way later down the line, you will also have to double check with the CC&Rs to ensure that whatever you had in mind is acceptable with the HOA.
Autopsy, often known as postmortem medical examination, assist families and authorities in determining how a person died. When a death is sudden, its cause is unknown, or the person died in suspicious circumstances, police agencies, medical personnel, or relatives may request one. It makes sense that when a loved one dies due to someone else's wrongdoing, the family members may file a wrongful death lawsuit. While it is typically not legally necessary, it might be helpful or crucial for demonstrating wrongful death.
When someone dies in certain situations, California law mandates that the coroner's office be notified immediately to do an autopsy and determine the manner of death. As per California Government Code Section 27491, here are a few cases that necessitate an autopsy:
Your career may be in peril if you hold a license in California as a licensed professional, such as a doctor, teacher, or real estate broker, if you receive certain types of criminal convictions. Authorities from all throughout the state are looking over court records, checking fingerprints, and looking into complaints. Professionals with spotless records risk having their licenses suspended or revoked. However, the good news is that those with professional licenses have a stake in them. The board, division, or commission in charge of your regulation cannot abruptly cancel your license without first giving you the chance to request a hearing.
If you've made amends, completed your probation, had your case dismissed, etc., prior convictions may still follow you around if you're a professional in California and have had previous convictions. Your professional license may be subject to revocation or suspension by your regulatory body or department. Whereas if you were convicted of a felony that the employer considers has a material impact on your capacity to carry out your job obligations. In fact, it's conceivable that the reason you're reading this is because you've already got a charge that details the consequences of a conviction. If you don't have a license but have requested for one, you might have received a statement of difficulties. Meanwhile, pay attention to the following:
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 . 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 . 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, 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.
The individual or parties responsible for the bicycle accident may be held financially accountable. Therefore, in California, an accident victim may seek compensation by filing a personal injury lawsuit.
If you got injuries while riding in California, you can receive compensation for:
When a bike accident involves a motor vehicle, you should consult an attorney before dealing with the driver's insurance company. The insurance company will generally want to settle the claim for as low as possible. However, your lawyer will communicate with the insurance company on your behalf.
According to the Centers for Disease Control and Prevention (CDC), more than 1,000 bikers were murdered and over 467,000 were injured in the United States in 2015. In 2010, fatal and non-fatal bike accidents cost $10 billion in productivity losses and lifetime medical expenditures. 1 Bicyclist fatalities in the United States increased by 16% between 2010 and 2012. According to the Governors Highway Safety Association (GHSA), California has the greatest number of bicycle deaths. In California, there were 338 bicycle deaths involving motor vehicles between 2010 and 2012.
If you believe you were injured by a defective product, you must consider the following questions:
A design defect refers to a flaw inherent in a product itself, and the product is harmful and dangerous in the way it was conceived.
Design defects can take many different forms, including unsafe toys, unsafe consumer electronics, and unsafe vehicles Under California law, there are two tests to establish a design defect:
Plaintiff can use either test or both tests to prove a design defect to a jury in a product liability lawsuit.
According to CACI 1203, The consumer expectation test evaluates whether a product failed to perform as safely as a regular consumer would have expected it to perform when used as intended or reasonably foreseeable.
To establish the claim for products liability, the plaintiff(s) must prove the following elements:
According to CACI 1204, to establish strict liability using a risk-benefit test, the plaintiffs must prove that:
Construction accidents are common and highly risky. Fatalities among construction workers include falls, electrocutions, being hit by equipment, and becoming tangled in or between objects. With high risk of accidents in a construction workplace, chances are high for wrongful death incidents to occur. The article below provides a brief rundown of the four common causes of construction accidents.
On construction sites, workers frequently have to perform activities hundreds of feet above the ground. When the proper measures to safeguard the safety of construction personnel are not taken, everyone on the working site is at risk of experiencing a serious mishap. These accidents are known to be the leading cause of death in a construction work environment. To avoid construction site falls, construction companies must provide harnesses, safe stairways, secure scaffolding, and other safety equipment. Injured employees have the right to seek compensation from the construction business and any complicit parties when suitable equipment is not available. Falls on construction sites can occur for a variety of causes, including:
It is possible to obtain a license if you are under the age of 21. However, there are some additional steps that must be taken to do so. Applicants aged 18-20 are required to get the Certificate of Completion of Motorcycle Training and must hold an instructional permit for at least 6 months. Applicants aged 15 ½ to 17 must additionally provide proof of completion of a driver's education course.
As specified in CVC section 12500 (b), operating a motorcycle without a valid license is a crime. The statute classifies the crime as a misdemeanor offense, meaning that upon conviction, you could face:
Uber Driver’s Policy: A driver who drives for Uber is required to carry his own car insurance, which usually covers injuries of passengers as a result of the accident. The insurance requirement is imposed by California law and affects any person who has and operates a motor vehicle, regardless of whether he drives for companies like Lyft or Uber. Though, it’s important to know that the driver’s insurer can deny the claim in case the driver was engaged in commercial activity at the time of the accident. The amount of money a passenger can recover is limited to the driver’s policy maximum. In California, most drivers usually purchase minimum coverage, which may not be enough to cover the full extent of the injuries. Third-Party Policy: In case a negligent third party is responsible for causing an accident, the passenger can file a claim with that driver’s personal insurance company. Uber Insurance Policy: Uber carries its own insurance policy in case the drivers are involved in an accident and insures its drivers with a $1 million policy. The coverage which applies is based on the driver’s activity at the time the accident happened. Under this insurance policy, Uber is responsible for all damages up to the difference between the at-fault driver’s policy limit and Uber’s $1 million policy limit. Particularly in case, an at-fault driver’s insurance policy covers $30,000 in damages, Uber is liable for a maximum of $970,000 if such a payout is required. An Uber driver is carrying a passenger This is the case when the $1 million policy can kick in. In case the Uber driver is carrying a passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a pedestrian or cyclist, the third party was covered by Uber’s insurance policy when the driver was carrying a passenger. Though, if Uber denies coverage, the Uber passenger and driver and can still be denied by the driver’s personal insurance policy since the driver was driving for pay when the accident happened.
Actually, Uber’s insurance policy is dedicated to helping avoid paying out as many claims as possible. It is common for accident claims to be denied by Uber’s carrier. As mentioned above, drivers are not considered Uber employees, and this makes it more difficult for passengers to get compensation in case the driver was driving recklessly or was drunk and distracted. Victims can respond to a denial by suing Uber directly or can seek payment from the driver’s personal insurance company. Suing the driver directly can limit the number of damages that can be received. Are you in need of assistance with resolving your case? A Los Angeles uber accident lawyer from KAASS LAW can provide you with all the legal help you require! Don't hesitate to let a trained professional help you out!
Consequences
The reason the CC&Rs have such absolute power is because when you closed escrow on the property in the planned community, you also had to sign off on a series of documents which state that you are aware of the CC&Rs of the community and that you agree to follow them. Keep in mind that the HOA is the enforcer of the CC&Rs. As such, if you break any of the rules within the CC&Rs, you will have to face certain consequences, which may include any of the following:
So, clearly, the CC&Rs must be taken seriously. Going back to the pet example, if you tried to sneak in your adorable labrador, despite the rules saying only smaller dogs are permitted, then the HOA can force you to give up the dog or find a new place to live. Given that the consequences can be that extreme and that quick to turnover, we strongly advise all of our clients to think long and hard about what restrictions they will have to abide by if they buy into a planned community property.
All in Due Time
Lastly, another important point to consider is that homeowners of planned communities must pay certain monthly dues and fees. You may even be required to pay out special assessments to the HOA as well, depending on your property. The exact kinds of dues, assessments, and penalties for failure to pay, such as late fees and interest, are stated explicitly in the CC&Rs, giving yet another reason to pay close attention to what’s written within those documents. Importantly, if you do fail to pay these fees on time, then the HOA can get a lien on your property, which can quickly lead to a foreclosure. This has the potential to absolutely decimate your credit and your financial standing in general.
We’re Here to Help
There are a lot of factors to take into consideration if you are considering buying a property in a planned community. If you have any questions before purchasing, we encourage you to give us a toll free call at (310) 943-1171 to speak to one of our attorneys today. We can also help you if you feel the HOA has imposed unfair or illegal penalties against you or if you feel the CC&Rs are unjustly written. We invite you to get in touch with us to see how we can help.
This is not a complete list. Coroners should also know when specific circumstances apply to death. It merely means that reporting is necessary for fatalities resulting from accidents, injuries, and other factors. Additionally, the county where your family member passed away may have distinct laws. Anyone with a "duty of care" of the body, including medical professionals, funeral directors, and others, must report these deaths to the coroner.
When the defendant's insurance company questions liability, having an autopsy can be beneficial. But what should you do if the coroner has decided not to do an autopsy even though your family member's death didn't call for one? The deceased's family members can take the following actions if the county or city coroner decides against doing an autopsy:
According to California Government Code Section 27520 (a) the following persons have the legal right to request an autopsy:
Even if an autopsy is necessary to establish liability in some cases, a wrongful death claim's family members may not desire one. An autopsy goes against the profound religious convictions of certain people. The lone exemption from mandatory autopsies, only permitted in California, is due to religious convictions. But before passing away, the deceased must have completed a Certificate of Religious Belief. The religious exemption certificate is not a strict requirement either. According to the law, the coroner may be able to request an autopsy from the court.
The plaintiff must consistently establish each of the following four factors in any wrongful death lawsuit based on negligence:
The wrongful death attorneys at Kaass Law will assist you in winning your case and bringing the person responsible for the death of your loved one to justice. Call us today at (310) 943-1171. Visit this website to see our other services.
In accordance with the Administrative Procedure Act, you have a right to an administrative hearing in your disciplinary matter. Administrative hearings are held to "check" excessive enforcement attempts. By doing so, they help to maintain a proper balance between the public's right to protection from potentially dangerous experts and the right to a living. The Office of Administrative Hearings (the "OAH"), which manages approximately 10,000 cases annually, oversees the administrative hearing procedure.
With opening and closing arguments, evidence, and witnesses, an OAH administrative hearing is similar to a mock trial. Sacramento, Oakland, Los Angeles, San Diego, and other cities hold hearings in designated courtrooms. The licensing authority attempting to revoke (or deny) your license is not related to the ALJ. The ALJ is a qualified attorney whose responsibility it is to guarantee that you have a fair trial. Regardless of whether you hire legal representation, a lawyer will argue on favor of the licensing body. If you choose to represent yourself, you may wish to look at OAH's webpage on the subject. In an administrative hearing, there is no jury.
If the hearing procedure has failed and you have asked the licensing body to review its decision, there may still be something further you can do. In a petition for writ of administrative mandate, you can request that the Superior Court review and overturn the licensing authority's decision. This trial has existed for some time. There will be no "retrial" of your case. To ensure that you have a fair hearing in your unique instance, a trial court judge will review everything. That's why the licensing board will not have "abused its authority" by breaking the law or issuing an order.
If you or someone close to you is facing criminal charges and you want to engage a lawyer to represent you. You can contact our Glendale lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
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!
Even skilled bikers can get a bike injury if they ride a bike. Several variables may increase the risk of cycling injury or death for some persons, including:
Sex: Males are six times more likely than females to die and four times more likely to get injuries when riding a bike. Age: Adults aged 50 to 59 have the highest risk of bicycle fatalities. Children and teenagers (5 to 19 years old) had the greatest risk of nonfatal bike accidents. Alcohol: A motorist or rider under the influence of alcohol was in more than one-third of all fatal bike accidents. Time of Day: The great majority of fatal bike incidents happened between 4 and 8 p.m. Helmet Use: While wearing a helmet may not prevent bike accidents, it can help avoid head injuries or brain damage. The absence of a helmet is a key factor in death or serious injury in bike accidents. California is the most populous state in the United States. Urban regions, particularly in Southern California and the Bay Area, enjoy mild year-round temperatures, making riding popular all year. Bike commuters, competitive racers, and recreational bikers are all included. Because of the state's heavy traffic, bicycling is an appealing alternative means of transportation for those who wish to avoid waiting in traffic on their way to work. Many locations in the state's metropolitan districts are constructed around vehicles, leaving bikers vulnerable. All these factors enhance the likelihood of a bike accident in California. It is worth noting that Bicyclists have many of the same rights and responsibilities as drivers of motor vehicles under Vehicle Code 21200.
Following a motorcycle collision, the most crucial thing to do is seek medical treatment if necessary. If you are hurt, dial 9-1-1. Many bike accidents result in head, neck, or back injuries. Therefore, doctors should examine these injuries. You may feel good after the crash but awaken the next day in excruciating pain. It is preferable to be safe than sorry and see a doctor to ensure that your injuries are not more serious than they look.
You should try to collect as much information about the accident as possible, including:
Your safety is important, and should remain your top priority. Therefore, if the other motorist is refusing to cooperate, is intoxicated, or is attempting to flee the scene, you should just contact the police. The majority of individuals carry their smartphones with them. So it's a good idea to photograph or videotape the accident site and document the car details. Also you should photograph your bike and any injuries as well.
Please call KAASS LAW if you have any concerns concerning bike accident lawsuits in California or would want to discuss your case privately with one of our experienced California personal injury attorneys. Also, you can visit our website for other practices.
According to CACI 1202 product contains a manufacturing defect in case it differs from the manufacturer’s design or specifications or from other typical units of the same product line. A defect in product manufacturing is one that the manufacturer did not intend. This means that it does not matter how careful This is an example of the legal principle known as strict liability. According to the principle of strict liability, the manufacturer has to pay for any injuries if a poorly manufactured product left the manufacturer and caused harm to the consumer when used for its intended purposes due to the defect in manufacturing,
The manufacturer is responsible for warning the consumers of reasonably possible dangers inherent to a product. The manufacturer is also required to instruct consumers on how to correctly use the product to ensure safe use and avoid possible dangers. There is a statute of limitations for filing a claim in California for inadequate warnings, which is ]two years from the date on which the plaintiff was hurt.
An injured party can recover several types of damages in a successful products liability lawsuit, including:
This type of damage is intended to cover the material and financial losses related to an injury. This can include:
This damage is intended to punish the company for acting negligently regarding manufacturing, designing, or marketing a product.
On construction sites, the potential dangers that cause fall injuries are unavoidable. Construction businesses are responsible for providing proper safety equipment and educating their employees on fall prevention safety. It is common practice to deny employees the training and tools they need to complete their duties effectively, leaving them to bear the costs of another person's negligence.
In events involving struck-by objects, workers are struck by objects that are falling, rolling, swinging, or flying. A struck-by accident might result in a slight bruise or a life-threatening, even deadly, mishap depending on the nature and size of the object as well as the speed at which it is going when it impacts a worker. The following are some common examples of struck-by accidents:
Construction contractors must take reasonable care to avoid being hit by a vehicle. Companies who fail to take necessary precautions to guarantee the safety of their employees may be held accountable for injuries and consequent damages.
Employees may become stuck, crushed, pinched, or squeezed between two items or components of two objects, resulting in a trapped-between mishap. These incidents also include burying a worker, such as in a collapsing trench or structure. These kinds of accidents can occur when:
Construction workers are particularly vulnerable to caught-in and caught-between accidents. These incidents can result in a variety of incapacitating job injuries, such as torn ligaments, muscular tension, and fractured bones. Such accidents can result in severe brain injury, permanent limb impairment, or even death, depending on the severity of the injury.
Construction workers are routinely exposed to live wires or electricity when working on structures or dwellings. Workers in a range of vocations are required to handle actively energized devices. Any construction site, whether commercial or residential, may expose employees to a variety of electrical risks. The following are examples of common electrical dangers that endanger worker safety:
If you or someone you know was injured, or possibly has a wrongful death case at a construction site on the job, contact our office today at 310.943.1171.