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Senate Bill 9 is a new law that was signed on September 16th that rezones single-family neighborhoods and urban parcel splits. The bill covers housing development.
Senate Bill number 9 will provide the following changes:
Single-family residential zones will allow for partial or full teardown of an existing single-family home to create residential units that can be sold separately will be allowed.
Yes, Senate Bill Number 9 works together with ADU law.
ADU stands for accessory dwelling unit. Also known as "backhouses" or in-law units that typically constructed on property with an existing single-family house/unit.
Under Senate Bill 9, more ADUs will be built on land that has an existing single-family residential unit without the public’s review. Additionally, it is important to note that local ordinances will be observed in that those local ordinances that physically stop constructions of units cannot be enforced. An example of local ordinances includes those that preserve views or allow designated areas for bike paths.
Yes, the single-family home may be entirely demolished if tenants have not lived in the home during the past three years otherwise, only 25% of the home may only be demolished. However, local ordinances that allow more than 25% of the home to be demolished can override the 25% limitation.
Yes, Senate Bill 9 does have limitations, which are as follows:
If you or someone you know owns the land and is thinking about taking advantage of Senate Bill 9, please contact our real estate attorney at (310) 943.1171 for a free consultation.
The Homeowners Protection Act (HPA), also known as the PMI Cancellation Act, is a 1998 federal law that affords homeowners certain protections when canceling private mortgage insurance (PMI). It also creates other regulations related to the lending process. The HPA only covers private loans and does not regulate government-backed loans, such as VA loans. For people who take private loans, many of them are required or opt to purchase PMI, only to find out that they no longer need it later on. The HPA provides regulation in the process of purchasing and canceling PMI so that homeowners can avoid paying these unnecessary costs.
PMI is typically only required when a home buyer plans to pay less than the standard 20% upfront. This makes lending to those who cannot afford the high initial costs a lot less risky and more worthwhile to do. Paying for PMI can come in many forms, including paying an extra monthly premium on the mortgage, paying a 1-time sum at the beginning of the mortgage, or raising interest rates on the loan. No matter how the buyer chooses to pay, all forms of PMI are subject to HPA regulation.
Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously:
The penalties involved in violating the penal code for making a false report of a fire can either be prosecuted as a felony or a misdemeanor.
Violation of the penal code is considered a felony when an individual willfully and maliciously does the following:
The penalties that an individual would face here are listed under . Additionally, an individual can also pay fines of up to $10,000.
A 995 motion is another name for a Motion to Set Aside Information. This is a motion that the defendant in a criminal matter may make. In other words, this motion asks the judge to dismiss all or part of the criminal charges that are pending before an individual in a criminal matter. The argument here is that the judge in the preliminary hearing ruled incorrectly finding that there was enough evidence for the matter to go to trial. A motion to set aside information is governed by Penal Code 995.
If a 995 motion is improperly denied, the following options can be taken by the defendant:
It is important to note that an improperly denied 995 motion cannot be directly appealed.
A petition for writ of prohibition is governed by Penal Code 999a, which states that the defendant has 15 days after their 995 motion was denied to file a petition if their 995 motion was made because the defendant had been indicted without reasonable or probable cause or that the defendant had been committed on information without reasonable or probable cause. A copy also needs to be served to the District Attorney.
Yes, under Health and Safety Code 11162.5, it is a crime to make or possess counterfeit prescription blanks for a controlled substance.
Controlled substance for purposes of Health and Safety Code 11162.5 is defined as those drugs or chemicals whose manufacture, possession, and use are regulated by the government under the United States “Controlled Substances Act.”
Under the code, counterfeit is defined as making an exact imitation of the prescription blank, pad, or form with the specific intent to use that prescription blank to defraud or deceive. These prescription blanks, pads, or forms are those that a physician or other medical practitioner who has the authority to prescribe medication typically uses when ordering or otherwise authorizing a prescription for a controlled substance.
Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party's insurance carrier and/or a personal injury lawsuit against the at-fault party.
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:
Under Penal Code 246, it is a crime in California to shoot at a house, apartment, building, camper, or any other dwelling or vehicle where there are individuals inside.
No, in order to violate Penal Code 246, the individual has to willfully and maliciously shoot the firearm.
For purposes of Penal Code 246, an individual must have the intent to do a wrongful act with the intent to injure, disturb, or otherwise harm another individual.
For purposes of Penal Code 246, an inhabited dwelling is considered any house or building if an individual lives inside the house or building. It is important to note that for purposes of Penal Code 246, it is not necessary that an individual was in fact inside the house or building at the time of the shooting. Thus, it is only necessary that an individual uses the house or building as a dwelling for purposes of Penal Code 246.
California is known for its strong laws that protect employee. When it comes to their rights, this is extremely important for workers, especially when they need to take rest and or meal breaks. Having compliance with these regulations is not just a legal obligation for employers. As a result, it is crucial for fostering a productive, healthy and legally sound work environment. Here at KAASS LAW, we are dedicated to providing an informative to all our readers and or clients so they may prosper efficiently at their work place. The following will shine a light on meal breaks and rest periods during your ideal work environment.
According to the Department of Industrial Relations and CA Labor Code 512, non-exempt employees in California must have a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day, according to wage and hour law. The meal break must be within the first five hours of the workday. Employees who work more than ten (10) hours a day have the right to a second 30-minute meal break.
Yes, under Penal Code 171(b), it is a crime in California for an individual to bring or possess weapons into a public building and meetings that are open to the public.
Under the PC 171(b), it is a crime to carry the following into a public building or meetings that are open to the public:
According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent.
Penal Code 466 lists over 15 kinds of tools that are frequently used to break into any railroad car, building, trailer coach, aircraft, vessel, or vehicle.
Before the passage of the HPA, many lenders would make their customers aware that PMI is not required for the entire duration of the loan, yet there were difficulties for homeowners when trying to cancel it, many of whom were ignorant to the fact that they could do so. The HPA made it so lenders must do the following regarding PMI:
The HPA makes it so nearly all homeowners can cancel their PMI once the loan-to-value (LTV) reaches 80%, meaning that their equity must reach 20%. You can send a written request to your lender once you reach this number, and they are legally required to cancel your PMI barring other extenuating circumstances. Once the LTV reaches 78% your lender is legally required to cancel your PMI automatically, even if you have not requested it. It is generally a good idea to keep track of the equity you have accrued and cancel PMI at 80%, not just because you are losing out on money, but because there are circumstances where the lender may be able to charge PMI past 78% LTV. For example, liens on your property may allow a lender to keep charging PMI. https://youtu.be/wpuQaj4rdg8
Essentially, violation of the penal code is considered a misdemeanor when an individual does the same acts as listed above. However, the difference here is that there are no deaths or great bodily injury that results from the individual’s acts. The penalties that an individual can face include up to one year in county jail and/or paying fines of up to $1,000.
To do something willfully means that the individual intended to do the illegal act on purpose. Additionally, to do something maliciously means that the individual’s purposeful conduct was intended to either injure, annoy, or otherwise do something wrong.
A Penal Code 148.4 PC conviction can be expunged if it was charged as a misdemeanor. On the other hand, a felony conviction that resulted in serving time in state prison would not qualify for an expunged.
If you or someone you know has been charged with violating Penal Code Section 148.4, contact our Los Angeles criminal defense attorney at (310)943.1171 for a free consultation.
An arraignment is part of a criminal matter where the defendant enters a plea, whether guilty or not guilty or no contest.
A writ of habeas corpus petition works similarly to the way a petition for writ of prohibition does. However here, Penal Code 1508 states, the Supreme Court or Court of Appeals can return the matter before the issuing judge/court or to the court below it. Thus, if the trial court denies the petition, the defendant can then file a new petition in the court of appeal. However, if the court of appeal denies the petition, the defendant can then can have the Supreme Court review the petition by filing a petition for review. The defendant may also file another petition that would invoke California Supreme Court’s habeas jurisdiction.
Plea bargaining allows the defendant to negotiate and use leverage. In other words, the defendant can further poke holes in the prosecuting agency’s legal theory and further highlight how the issues found at the preliminary hearing may become an issue for the jury to return a guilty verdict.
If you or someone you know has been denied of their 995 motion, we invite you to contact our Los Angeles Criminal Defense Attorney at (310) 943-1171 for a free consultation.
The penalties associated with violating this code can be prosecuted as either a misdemeanor or felony and is therefore considered a wobbler offense. Potential penalties for a misdemeanor Health and Safety Code 11162.5 conviction including up to one year in county jail as well as paying fines of up to $1,000. Potential penalties for a felony Health and Safety Code 11162.5 conviction include sixteen (16) months, two years, or three years in county jail.
The number of counterfeit prescription blanks is typically what determines whether the violation will be charged as a misdemeanor or felony. For example, if the individual has three or fewer counterfeit prescription blanks, the violation would likely be charged as a misdemeanor. On the other hand, should the individual possess more than three, the violation will likely be charged as a felony.
If you or someone you know has been charged with violation of Health and Safety Code 11162.5, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.
Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:
A product liability lawyer near you should be able to provide you with additional information.
There are a handful of parties that can be held responsible for construction accidents, which include:
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.
People injured at construction sites can suffer different types of injuries, including:
Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.
In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.
Recoverable economic damages in a construction accident include:
Recoverable non-economic damages in a construction accident include:
In case the defendant’s acted with malice, extreme recklessness, intentional or fraud, or oppression the plaintiff can also be entitled to punitive damages.
If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS LAW at (310) 943-1171 for a free consultation and case review.
Similarly, as to an inhabited dwelling, an occupied vehicle is considered any vehicle such as a car or camper where an individual lives inside of the vehicle. Again, the individual does not necessarily have to have been home at the time of the shooting, just that the individual uses the vehicle as a place to dwell in.
Penal Code 246 is prosecuted as a felony, where an individual can face penalties including:
However, an individual can face harsher penalties if the victim suffers great bodily injury or in fact dies. Great bodily injury is defined as a significant or substantial physical injury such as breaking a bone or suffering from a gunshot wound.
If you or someone you know is facing charges of Penal Code 246, please contact KAASS LAW at (310)943.1171 to speak to an experienced criminal defense attorney for a free consultation.
Non-exempt employees who work three and a half (3 1/2) hours or more in a day are required by California labor law to take rest breaks. Employees are entitled to ten (10) minutes of relaxation for every four (4) hours, or a significant fraction worked in a day. These breaks should be during each 4-hour period as much as practicable.
Rest break must be ten minutes long and uninterrupted. During the break, an employee must release of all obligations, and the employer must provide "appropriate resting facilities" in a location apart from the restrooms. Rest breaks, unlike meal breaks, are compensated. Employers are not permitted to ask employees to remain on-site or on-call during rest periods.
Rest periods may choose to skip by employees. Employees cannot pressure or encourage to skip rest periods by their employers.
A meal break is an unpaid and uninterrupted period that an employee has to do what they wish during their 30 minutes provided break. Further, during the meal break the employer must:
Employers are cannot do from the following:
Employers must provide meal/lunch breaks but are not, upon requirement, to ensure that their employees take them.
An employee who works a shift of six hours or less may give up their right to a meal break. Meal break waivers do not need to be in writing, but both parties must agree to them. If the employee's shift is more than ten hours but not more than twelve, they can renounce their right to a second meal break as long as they take the first one—they cannot waive both breaks on the same day. Employees who work through a meal break do not have the right to depart early.
Yes, and yes, you should. If your employer refuses to give you a meal or rest breaks, you have the right to a penalty of one hour's earnings for each day you were denied any rest breaks, as well as a penalty of one hour's wages for each day you were denied any meal breaks (for a maximum penalty of up to 2 hours' wages per day). Due to a recent California Supreme Court decision, the filing date for meal and rest breaks violations is normally three years. Still, in some situations, a one-year filing deadline may apply.
At KAASS LAW, we are committed to protecting the rights of employees throughout California. If you are an employee who has been legally denying required rest or meal breaks, or if you are an employer seeking guidance on ensuring compliance with these complex laws, our experienced labor law attorneys can help. We provide:
Ensuring compliance with California's employee rest and meal break laws is not just about avoiding penalties; it's about fostering a fair and productive workplace. Whether you are an employer seeking to do right by your employees or an employee whose rights have been violated, KAASS LAW is here to provide the legal support you need. Contact us today for a consultation to discuss your specific situation. We also offer help if with employment contract violation.
This penal code can be prosecuted as either a felony or misdemeanor and is therefore considered a wobbler. If charged as a misdemeanor, the misconduct is punishable by up to one year in county jail. If charged as a felony, an individual can face imprisonment of either 16 months, 2 years, or 3 years.
A building owned or leased by the state or local government where public employees regularly are present to perform their official duties is considered a public building. An example of a public building is a courthouse.
Yes, there are several exceptions under Penal Code 171(b), which are as follows:
If you or someone you know is being charged with Penal Code 171(b), call KAASS LAW today and speak to an experienced criminal defense attorney today at (310) 943.1171.
The prosecutor must establish the following elements to convict the defendant of possession of burglary tools:
For being charged with possession of burglary tools there must be evidence showing that the defendant not only possessed them, but he also had criminal intent to use them to carry out a burglary. When considering all factors, everything that has been gathered gets taken into account, including physical evidence, witness testimony, and what happened when the defendant was arrested. The intent may be established in case all steps were taken to possibly complete the crime. Intent can be established through what the defendant was wearing at that time, what type of structure he was in when arrested, the hour of the day, types of tools he possessed, and statements he made before the crime.
For being convicted under PC Section 466 it is not enough to have the mentioned above tools in possession or even to alter or make the listed tools. The crime happens when a defendant possesses one or more tools and intends to unlawfully break into a rail car, structure, vessel, or vehicle. In case the defendant didn’t intend to unlawfully enter a vehicle or structure to commit a crime, he can’t be convicted of this crime.
The defendant should not be convicted of possessing burglary tools in case he wasn’t aware that the tools were used or were to be used in a crime of burglary.
All search and seizure operations must be carried out within the boundaries of the law. In case the tools were found during an unlawful search, the defendant may be able to have evidence obtained during the search kept out of court. That can lead to acquittal or dismissal. There are various factors involved that can determine whether a search was lawful or unlawful.
In California possession of burglary tools is a misdemeanor offense with the following penalties:
If you or a loved one has been charged with possession of burglary tools, you should immediately contact an experienced criminal defense attorney today at (310) 943-1171 for a free consultation and case review.