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An automobile collision may be one of the most distressing events that one can go through. Whether the event is minor or major, it is critical to get medical attention for an injury. This is especially important if the accident victim intends to file a personal injury claim. Getting medical help after a car accident is one of the most important components. It helps document the injuries, and preserve your rights and remedies. As the injured victim, consider several key criteria while seeking medical help. Let's discuss some important factors you should be aware of in order to protect your rights.
Depending on the case, you may or may not require emergency medical assistance. If the accident results in apparent catastrophic injuries, the person will almost certainly be taken to a local hospital. In some circumstances, if an injury is not immediately visible, the victim must seek medical assistance on their own. If you do not require emergency medical assistance for whatever reason, you should be aware that injuries may not be distinctive immediately. A variety of factors can contribute to a lack of sensitivity to an injury. For example, due to the initial adrenaline rush, a person may fail to notice whiplash after an accident. There are also a variety of physical symptoms that can take days to surface. Thus, it is critical to get medical help as quickly as possible following an automobile accident.
Determining that a medical issue has occurred as a result of an auto accident is not the only factor to consider. After the initial doctor's appointment, it's imperative that accident victims retain and follow up with their medical care. Delaying medical treatment can have a negligible effect on a personal injury claim. Not following up can also result in a negative impact on a financial compensation claim. Consequences may arise if someone fails to attend physical therapy sessions. For example, the court determines that the accident victim's lack of care has caused the illness to worsen.
A person involved in an automobile accident may sustain injuries ranging from small cuts and abrasions to serious injuries. Normally, accident victims will be burdened with significant medical bills and, in many circumstances, the inability to work. If you or someone you know has just been in a car accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.
Yes, under Penal Code 134, it is a crime to prepare any false material with the intent to produce it, or allow it to be produced for any fraudulent purpose while presenting it to be true for purposes of trial or any other proceeding.
For purposes of Penal Code 134, evidence can include writing material as well as pictures and things such as the following:
Typically, intent means that an individual knew what they were doing. Thus, intent for purposes of Penal Code 134 is defined as knowing that the document or thing they produced for purposes of trial or any other proceeding was false and that they wanted to use that false document or thing to trick or mislead the jury or judge.
For purposes of Penal Code 134, proceedings include any proceeding where evidence can be presented. Examples of typical proceedings can include the following: - Mediation - Arbitration - Trial - Pretrial hearing - Motion hearing
Most people's largest purchase in their lives is a real estate property. To safeguard your interests as a buyer or seller, it is critical to ensure that the conditions of your transaction are appropriately drafted. By taking the right steps forward into such a purchase, the results will be easier to overcome. In some states, real estate closings need the presence or involvement of an attorney. Many people make the rational choice to hire a lawyer to assist them. A lawyer's purpose is to guide the sale or purchase of the property efficiently. Spending money on a real estate attorney is generally worthwhile. It is not needed in most states, however.
KAASS Law firm may be able to help you with the list provided below.
We are completely dedicated to building a case that is at our clients' greatest advantage. Furthermore, our considerable competence allows us to approach our cases with confidence, intelligence, and skill. This is the case for both in negotiations and in court. Within the legal and business areas, the firm has gained and maintained a strong reputation. We offer guidance and counseling on corporate compliance and personnel matters. We normally recommend estate plans for individual clients. This allows them to be advised on the formulation and implementation of a wide range of estate plans. This varies from the most simple to the most complex. Keep in mind, it is important to hire an attorney early on in the transaction. An attorney will be able to guide you through the process and ensure that every decision is the right decision for you. It is possible to agree to conditions that aren't in your best interests or result in an unanticipated outcome without an attorney's knowledge. It may be difficult to completely comprehend the requirements of completing a real estate transaction without such guidance. Certainly, consider your time and extra efforts. Hiring an attorney will be a great decision to successfully complete a real estate transaction. Our team, your trusted attorneys, deal with the heavy work while you are able to take it easy and watch your transaction effortlessly move forward.
While purchasing a home in California can be an exciting experience for some, oftentimes disputes in real estate transactions do occur both during and after closing. There are steps both buyers and sellers can take to attempt to avoid purchase contract disputes.
A buyer can protect themselves by taking additional measures prior to the real estate purchase, including:
To begin, let’s get familiar with disputes. A dispute is another word for disagreement. Questioning a lead or if a claim is true is a dispute. Disputes take place between two opposing parties regarding legal issues due to the fact that an agreement has not been concluded. Now that we know more about disputes, we can further our knowledge into an understanding of purchase and sale disputes.
During an insurance claim, you come across a procedure called an Examination Under Oath every so often. This is relevant when it comes down to property damages, personal injury, or other types of loss that you have to go through insurance with. As a result, it becomes an official hearing, almost like a legal deposition. Something like this doesn't happen as often, but when it does, it leaves people in suspense, confusion, and additional stress. This can get triggered for one or many reasons. Sometimes, insurance companies have questions regarding your claim. When searching those questions may potentially open up to more questions, which often leads to an Examination Under Oath. The following will shed light on this matter and how KAASS LAW can help anyone with this through a scheduled consultation.
To start, an Examination Under Oath is a type of interview that is conducted by an insurance company. Through this interview, the insurance company would hire an outside attorney or firm as their designated representation. It is a recording procedure where you, as the policyholder, have to answer a series of questions. The insurance company has the right to conduct an EUO as part of its investigation. The purpose is finding the legitimacy and extent of the loss. This right is usually outlines the terms and conditions of your insurance policy.
Yes, it is a crime in California to knowingly report a false emergency under Penal Code 148.3. Namely, it is a crime to make a report or cause a report to be made to any city, county, city, or state department, district, agency, division, commission, or board, that an emergency exists when in reality an emergency does not exist.
For purposes of making a false report of an emergency, an emergency includes any condition that does, or could result in, the response of any public official to any condition that can jeopardize public safety, evacuation of an area, or activates AMBER alert.
Penalties for making a false report of an emergency may include being charged with a misdemeanor with up to one year in county jail and a maximum fine of $1,000.
Here are some examples that would likely result in making a false report of an emergency:
Disputes can emerge when more than one individual owns a piece of property. When co-owners are unable or unwilling to decide what to do with their real estate, the process of buying out the owners or selling the property and distributing the proceeds can be extremely complicated. A partition action may be the best way to resolve a real estate dispute amongst co-owners.
There are many reasons for partition actions to take place. They all originate from multiple owners claiming ownership of the same piece of real estate. For instance, let's say two people co-own a property. One of them does not want to co-own the property anymore. This results in a partition action. There are two types of partition actions: partition in kind and partition by sale.
Physical borders divide the land amongst co-owners. This divides the property into smaller, personalized portions, each held by a single person, rather than one large piece co-owned by numerous persons. In California, the courts may mandate a partition in kind as one option to resolve a partition case. This leaves each individual with an independent ownership share of the property. When California courts mandate partition in kind, they must award each co-owner an "equitable portion" of the property. Each co-owner gets a fair division of land. For instance, if a court divides a 10-acre plot of land between two co-owners, the court will not automatically give each of the five acres. This problem develops when one part of the land is more valuable than the rest due to its closeness to a road, a beach, or other land feature.
California law implicitly grants tenants the right to enjoy their rented property without “substantial interference” by their landlord. All California tenants are legally entitled to this right. It is infringed upon when a landlord or someone working for them interferes with their ability to enjoy their dwelling and live in it peacefully. This can also be violated if the landlord fails to prevent another tenant from violating someone’s right to quiet enjoyment.
Just because California tenants have a right to quiet enjoyment, it does not mean that any annoyance by the landlord would result in a violation of this right. The law states that there must be “substantial interference,” which is a legally vague term but tends to include actions that are repeated and/or prevent the tenant from quietly enjoying their space for an extended period of time. Some examples would include:
According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian.
The prosecutor must establish the following elements to prove that defendant is guilty of PC 278 child abduction:
Wage garnishment allows an individual’s earnings to be withheld by an employer for the payment of a debt such as a child support.
According to the California Code, Family Code section 5206, earnings include:
Yes, there is a maximum wage amount that can be subject to garnishment. Under the Consumer Credit Protection Act’s Tile III, the maximum allowable garnishment from disposable earnings cannot exceed 50% if the worker is supporting another spouse or child, or up to 60% if the worker is not. Furthermore, an additional 5% may be garnished for support payments more than 12 weeks in debt.
Violation of Penal Code 134 is charged as a felony. Thus, an individual can face up to three years in state prison as well as the possibility of facing formal probation.
Yes, an individual who is convicted of a felony loses their right to own or purchase a gun. Thus, because Penal Code 134 is prosecuted as a felony, an individual will lose their right to own or purchase a gun should they be convicted.
Yes, an individual can face deportation or be deemed inadmissible should they be convicted of the crime.
Inadmissible for purposes of immigration consequences means that an individual may not re-enter the country once they leave the United States or that they are ineligible to receive benefits from the United States. This is true even if the individual is deemed a legal immigrant.
If you or someone you know has been charged with violation of Penal Code 134, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.
KAASS Law's team can help you understand and plan for the tax implications of buying or selling real estate because of our extensive legal knowledge. Our lawyers will ensure a seamless transaction and provide fair solutions to any complications that arise. This may include buying, financing, selling, or leasing. Consult an experienced real estate attorney before committing significant time and money to a real estate transaction or enterprise. With whatever complexity of your transaction, KAASS Law's legal team will ensure that your rights and best interests are put forward. Give our office a call today at 310-943-1171. Ensure of a smooth transaction for your next real estate transaction. https://youtu.be/KHeVDzcvShc
Most real estate purchase and sale contracts have conditions, which the buyer must remove in writing and notify the escrow holder before the transaction becomes final. Inspection and/or financing contingencies are examples of contingencies. This process is known as deleting or waiving contingencies.
A breach of contract takes place when the seller cancels the deal after the buyer has waived all contingencies. For example, a seller cannot back out of a property sale just because they don't want to sell the property or because another offer to acquire the property appears to be greater than the original offer. In these cases, the buyer can attempt to enforce the purchase agreement. If a buyer refuses to complete a transaction without reason, the seller can seek damages through mediation, arbitration, or via lawsuit. Damages are not always straightforward, and the seller has a responsibility to try to reduce losses by selling the property to another party.
Each situation between parties may be different. Attorney’s normally deal with dispute cases. It is in the attorney’s best interest for the legal process of litigation to go smoothly.
Dispute Resolution System (DRS) is used to solve disputes, hence in the name. DRS uses few methods without the interference of a third party. Steps to prevent and resolve such disputes come as follows:
It will benefit both the buyer and seller to be able to mediate and arbitrate problems prior to a real estate transaction with a purchase contract agreement. By preventing future issues during the transaction process, transactions will be more organized and completed quickly.
During a real estate transaction, things may get difficult to navigate during the process. Considering hiring an attorney will put you at ease. By doing so, navigating through documents, resolving disputes, and making intelligent decisions will work in your favor. The benefits of the transaction results will follow through in a blink of an eye.
If you or someone you know is in a real estate purchase or sale dispute we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles real estate attorney.
No, a policyholder cannot refuse to participate in an examination under oath. In fact, a policyholder's claim can be denied based on failing to submit to an examination under oath.
The following is a list of things, although not a complete list, that the policyholder should know before participating in an examination under oath:
Facing an Examination Under Oath without legal representation can be a significant disadvantage. Your attorney can provide invaluable assistance by:
At KAASS LAW, we have extensive experience guiding California policyholders through the Examination Under Oath process. We understand the tactics insurance companies may employ and are dedicated to protecting your rights. Our goal is to ensure a fair outcome for your claim. If you have, under request, to submit to an EUO, we can:
Dealing with this alone can be stressful. Prior to your EUO, schedule a consultation appointment with our office so we may go over your case and offer solutions and preparations. Contact the experienced insurance attorneys at KAASS LAW for knowledgeable and dedicated representation to protect your rights and your insurance claim in California. We offer guidance on auto insurance and how it works. For further research, CA Department of Insurance offers a guide on learning terminologies and insurance coverage.
Yes, there are instances where making a false report of an emergency can be charged as a felony should the false alarm result in someone suffering great bodily injury or death.
Great bodily injury is determined by how severe the injury to the person is. Thus, the following factors are typically considered:
Have you or someone you know has been charged with making a false report of an emergency? If so, experienced attorneys at KAASS Law are here to help protect your rights. Get in touch with us to go over the details of your case by contacting (310) 943-1171
When partitioning a property in-kind isn't possible, the court may order a partition by sale. This entails selling the property and dividing the earnings among the owners. The proceeds must be split equally and fairly amongst owners, just as they must be divided in kind. The entire property is sold as one piece of land in a partition by sale. When a division in kind isn't possible due to the structure of the real estate, a partition by sale proceeds. The court must evaluate the form of tenancy for the land and whether any exceptional conditions exist that would result in one co-owner receiving a bigger share of the sale. A partition by sale has a real estate attorney handling all of the discussions and court appearances for you as a co-owner. In effect, this minimizes problems. Previously, California courts favored partition in kind over partition by sale. The courts would only impose partition by sale in exceptional circumstances. Partition by sale has been more widespread in recent decades. Co-owning real estate is common. To be precise, it is particularly in urban or developed areas. If one or more co-owners object to a disputed property being sold, the court may allow them to buy out the shares of the co-owner who filed the partition action. This averts a forced sale.
Have you been involved in a real estate dispute? Do you co-own a property? A partition action may be applicable for you. Schedule a consultation to discuss your real estate matter. Contact KAASS Law Firm today at 310.943.1171.
The right to quiet enjoyment is frequently violated when landlords take part in “constructive eviction,” which is when they allow the living conditions to be so bad that a reasonable tenant would have to move out.
If the breach of your right to quiet enjoyment is not particularly severe, it may be a good idea to request in writing that they stop infringing on your rights before calling an attorney. You can eventually sue to get your rent refunded, and depending on the district, you may be able to recover compensation for physical/emotional damages caused by your landlord. However, it is advised you start the process in writing so there is a record of your complaint. For severe breaches of quiet enjoyment, especially ones that cause physical and emotional harm, you should seek legal representation immediately. You should also consider filing a police complaint, particularly in a situation where your landlord is harassing you or making you feel unsafe.
Crimes of child abduction and kidnapping should not be interpreted as the same. Kidnapping is a crime against the kidnapped person while child abduction is a crime against both the child abducted and the parent of the abducted child.
In case the defendant is a lawful custodian of the child, he cannot be found guilty of this offense. A parent entitled to custody cannot be liable for abducting his own child.
Taking a child from a person who is not the lawful custodian of the child is not considered a violation of California PC Section 278. However, depending on the case circumstances, the defendant may face charges for kidnapping.
A child can only be detained or taken in violation of custody or visitation order only if there is a reasonable belief and good faith that the child may suffer bodily injury or emotional harm by staying with a parent or legal guardian. In case the defendant detains a child for protection he must immediately contact the local District Attorney’s Child Abduction Unit and follow reporting instructions for escaping punishment.
California PC Section 278 is a wobbler and can either be charged as a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
Penalties for a PC 278 misdemeanor conviction include the following:
Penalties for a PC 278 felony conviction include the following:
Additionally, the defendant may be subject to pay restitution to the prosecuting agency, the victim or to any person acting on the victim's behalf, for any costs reasonably incurred in locating and returning the child to the victim.
The court will determine the penalty based on mitigating or aggravating factors presented by the prosecutor.
If you or a loved one has been arrested for Penal Code Section 278, child abduction we invite you to contact KAASS LAW (310) 943-1171 for a free consultation with our criminal defense attorney.
Wage garnishment goes into effect immediately after the court order is finalized.
No, under the Consumer Credit Protection Act, an employer is prohibited from firing an employee whose earnings are subject to garnishment for any one debt.
Not paying child support can lead to serious consequences, including being in contempt of court, which may lead to jail time. It is important to ask the court to change the child support amount should an individual lose their job or any other important change that decreases an individual’s income.
If you or someone you know is subject to wage garnishment and have further issues and/or questions, please contact us at 310.943.1171 for a free consultation. Our attorneys will evaluate the details of your matter and let you know what to expect and how you can proceed.