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California is one of many states that are considered car-dependent. The kind of offer of lending your vehicle to another person is quite common. However, such an innocent act may result in accidents and injuries, given the circumstances. A typical question always pops up when you're in this situation: am I liable for this, even though I wasn't the driver? The state of California also recognizes a legal doctrine called negligent entrustment. Applying to the law, this can potentially hold the vehicle owner liable for damages due to permitting someone else to drive their vehicle. At KAASS LAW, we understand and help resolve these complex cases with our expert team. The following will aim to shed light on negligent entrustment in California, and we can offer legal services, given the opportunity.
Negligent entrustment means that you can be liable and legally responsible if you lend your var to someone you knew or should have known potentially driving negligent and or recklessly. Usually negligence falls under the person that initiated the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
CCPC 193.8 states that: "An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist: (1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished. (2) A petition was sustained, or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5. (3) The minor does not otherwise have a lawful right to possession of the vehicle."
Some possible defenses to negligent entrustment include:
Additionally, one can argue that the car owner was not aware that the driver (who allegedly caused the accident) was not a reasonably safe driver due to having a clean driving record and possessing a valid driver's license.
While you can't control the actions of every driver on the road, you can take steps to protect yourself from potential negligent entrustment claims:
If you have been injured in an accident caused by someone driving a vehicle they were negligently entrusted with, or if you are a vehicle owner facing a negligent entrustment claim, it is crucial to seek experienced legal counsel. At KAASS LAW, our skilled attorneys can:
The concept and doctrine of negligent entrustment show a big key in the responsibility of the vehicle owner. By understanding this legal concept and taking action towards safety, both vehicle owners and those injured by negligently entrusted vehicles can navigate the complexities of California law. Contact KAASS LAW today for a consultation to discuss your specific situation and learn how we can help. Alternatively, to know more about negligence, especially gross negligence in California, KAASS LAW can offer guidance.
The temptation of freedom and independence on the open road is powerful. This speaks very loud when it comes down to teenagers as they are slowly heading towards adulthood. Being a parent and or guardian for the littles, you do your best for your child to make them happy and see them smile. However, it's easier said than done. Sometimes, you want to make your kid happy by allowing them the freedom of the vehicle. As a result, the act of giving possession of a car to a minor in CA carries great legal problems and potential liability. Next time you're asked if they can take the family car for a ride, it is only fair for you to know the risk at hand. Here at KAASS LAW, we aim to enlighten our readers and clients on safety and avoiding any potential risks worth avoiding.
California law places specific restrictions and obligations on minor drivers and those who enable their driving privileges. As there are restrictions for minors when it comes to obtaining a driver's license, the legal responsibility usually falls under their parents and or guardian. Giving possession, in essence, of a car to a minor isn't something that should be done in a light-hearted fashion. There are legal consequences if things go from bad to worse.
An easements grants a person or entity the right to use a part of real estate they don't own for a specific purpose.
There are four types of easements that can be applicable to your property, including:
Express easement is created either through a reservation or a grant. In case of a granted easement, the landowner provides a person or the entity with the ability to use the land for right of way purposes. In the case of a reserved easement, one person sells the land to another but reserves an easement for their own benefit.
Implied easements arise when land divides into two parts, and the owner used one part for the benefit of the other before the division. An implied easement doesn’t need to be in writing, unlike express easements.
An easement by necessity occurs when use of the land is unconditionally necessary. Easement by necessity doesn’t require preexisting use of the land. If someone’s property blocks them in, they may need to use a portion of another person’s property to reach the street.
In California if a person wants to sell an investment property and wishes to buy another one, he/she should be aware of the 1031 tax-deferred exchange. This procedure allows the owner of investment property to sell the property and purchase like-kind property while deferring capital gains tax
The name of 1031 exchange gets from the U.S. Internal Revenue Code Section 1031 according to which a person can avoid paying capital gains taxes when selling an investment property and reinvest the proceeds from the sale in a property or properties of like kind and equal or higher value. According to the Internal Revenue Code Section 1.1031, no loss or gain is recognized in case the property held for productive use in a business or trade for investment is exchanged exclusively for the property of a like-kind to be held either for productive use in a business or a trade or for investment.
There are several types of real estate exchange when you wish to participate in a 1031 exchange
Cultivating marijuana in California was treated as a felony offense under Health and Safety Code Section 11358 before Proposition 64. A felony is a criminal offense punishable by serving one year or longer in prison.
Proposition 64 went into effect on January 1, 2018, making it legal for individuals 21 years or older to grow marijuana for recreational purposes. Additionally, the sale of marijuana has also been legalized for those business entities that have been licensed to do so.
The following is a list of crimes related to marijuana that has been affected by Prop 64 Adult Use of Marijuana Act:
California is a state that has been at the forefront of the marijuana legalization movement. The passing of Proposition 64 has led to some new changes that may impact those who grow marijuana there. If you are looking to grow marijuana and have been wondering what your options are now, read on.
Yes, it is legal to grow marijuana in the state of California as per the passing of Proposition 64.
Proposition 64 is formerly known as the Control, Regulate, and Tax Adult Use of Marijuana Act. Per Proposition 64, adults ages 21 years or older may possess and grow a specified amount of marijuana for recreational use only. Under Prop 64, individuals are only allowed to grow up to only six (6) marijuana plants for recreational use. It is important to keep in mind, however, that possession of recreational marijuana is still a crime if it violates the Health and Safety Code Section.
Health and Safety Code 11358 HS is one of the associated codes associated with growing marijuana. Specifically, this code section defines the crime of illegal cultivation of marijuana if someone aged between 18 to 20 years old cultivates marijuana. This crime is considered an infraction that is punishable by a maximum fine of $100. An infraction is a violation of the law but is it is not considered to be a crime, unlike a felony or misdemeanor.
In an age where technology continues to develop, liabilities for professionals and businesses evolve as well. Many businesses, such as Youtube content creators and other media and advertising professionals, are purchasing cyber liability insurance to protect themselves.
Media liability insurance is an insurance policy that protects media-related businesses. This includes publishers, broadcasters, advertising agencies, content creators, and video or film producers. It offers broad protection to help policyholders with the costly damages resulting from a variety of media-related claims.
The term “media” is a broad term. As such, media liability insurance should be customized to fit the content creators' needs. Media liability policies protect the insured from common media and entertainment-related liability risks, which may include, depending on the policy:
In California, you can sue for injuries sustained in a horse-riding equestrian accident. An injured party may be entitled to damages, such as medical expenses and pain and suffering.
Liability for an injury sustained in a horse-riding accident may attach to:
Common causes of action in horseback riding and equestrian accidents include the following: General Negligence: Often times horseback riding accidents and injuries occurs due to the equestrian club and or riding agency’s negligent actions. Common negligent action on part of the equestrian club includes failure to the instructor to train new riders, failing to properly train a horse, or failure to properly fasten saddles and girths to the horse. : Horseback riders can sustain injuries due to the use of defective riding equipment such as defective saddles, defective riding helmets, defective girth, and bridles. In order to succeed on a product liability claim, the plaintiff must prove that the existence of a defect in the product substantially increased the risk of harm to the end-user. A plaintiff may prove the existence of a defect in a product in 3 ways. (1) Defect in the manufacturing process of the product; (2) Defect in the product's initial design; and (3) Failure to warn. : Injuries sustained in horse-riding accidents can be caused by defective riding trail conditions including. Under premises liability, owners and operators of the property/land are liable for any injuries caused by known and knowable dangers.
Penal Code 21810 PC is a California law that prohibits the possession of brass knuckles. Penal Code section 21810 PC and may result in jail time and/ or significant fines.
A brass knuckle is a metal instrument with finger holes that a person inserts their fingers into. Such as rings with spikes on their outer surface and ball bearings inside those holes.
Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles or brass knuckles ("BKs"). This, therefore, constitutes a wobbler offense. In other words, prosecutors can, depending on the circumstances, elect to file the charge as either a misdemeanor or a felony.
The penalties for a misdemeanor 21810 PC violation is punishable by:
Penalties for a PC 21810 violation is punishable by:
Typically, dermal fillers are injected into the face, such as the forehead and lips. Dermal fillers are also used as a way to help diminish facial lines and restore volume and fullness in the face. The injection of dermal fillers has grown popular within the past few years. According to the American Society of Plastic Surgeons, there has been approximately 2.6 million dermal filler injections in 2018 alone. Unfortunately, if these injections don't go proceed as follows, they are at risk of a Products Liability Defective Dermal Filler.
According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficiency, and security of human drugs as well as medical devices that ensure the safety of the nation’s food and cosmetic supply.
Some of the more common dermal fillers include the following: calcium hydroxyapatite, hyaluronic acid, polyalkylimide, polylactic acid, and polymethyl-methacrylate microspheres.
Dermal fillers such as Injectable silicone is not approved for any aesthetic procedure. Silicone injections can lead to long-term pain and injuries such as infections, scarring, permanent disfigurement, stroke, and death.
Negligent entrustment means that you can be liable and legally responsible if you lend your car to someone you knew or should have known potentially driving negligent and or recklessly. Usually, negligence falls under the person who caused the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
California Code, Penal Code - PEN § 193.8 states, "(a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession of the vehicle.
(b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof."
This is one of many forms of the act of negligence.
Several factors are considered when determining if negligent entrustment occurred:
Allowing a minor to drive your vehicle also has significant insurance implications. While your insurance policy may extend coverage to a licensed minor living in your household, it's crucial to:
While the desire to provide your child with a vehicle is understandable, taking steps to mitigate the associated risks is paramount:
Situations involving minors and vehicle possession can become legally complex, especially in the event of an accident. It's crucial to seek legal guidance from KAASS LAW if:
At KAASS LAW, we're here for you and your family. We understand why you want to help your child and give them their freedom as their growing up. However, this small things can lead to bigger problem if there aren't any proper supervision of the minor. If facing these types of legal problems, contact us right away.
A prescriptive easement can be granted when one person continued to use a portion of another person’s land for a specific period of time. A court can grant a prescriptive easement even if the owner never allowed others to use their land.
Scope of the easement refers to how the easement can be used which is determined by the type of easement.
For more information regarding easements, land use, property rights, and or development laws, we invite you to contact KAASS LAW today at (310) 943-1171.
In California, various circumstances can lead to the termination of an easement, depending on its type and how the parties have used or managed it over time. Factors such as expiration of a set term, abandonment, misuse, or a written release from the easement holder can all bring an easement to an end. 1. Expiration of term or accomplishment of purpose. An easement terminates when the parties establish it for a specific term and that term expires. Once the agreed-upon time period ends, the easement holder no longer has any legal right to use the property under the original agreement. 2. Merger. If the dominant and burdened parcels become the property of the same person, the easement generally terminates. 3. Written abandonment. The holder of an easement may waive his or her right by signing a written waiver. To ensure enforceability, the property owner must usually record the waiver in the official land records maintained by the county recorder’s office. This step creates a public record of the waiver and provides notice to any future buyers, lenders, or interested parties. 4. Termination. An easement terminates when the owner takes clear actions that demonstrate an intent to abandon its use. Mere non-use does not qualify; the owner must engage in conduct that shows a decisive and purposeful relinquishment of the easement rights. 5. Abuse or Excess of Rights. If one party abuses the easement, the court can step in to either modify its terms or terminate it entirely. The court takes such action when the easement holder exceeds the scope of their legal rights or uses the easement in a way that unfairly burdens the property owner.
If a dispute arises over the existence or scope of an easement, the parties may file a quiet title action. This action allows the court to formally determine the parties' rights to the property. This includes the existence, absence, or termination of an easement.
The proper creation, protection, and termination of easements requires knowledge of California real estate law. Mistakes in these matters can result in loss of property and costly litigation. If you have questions regarding easements, contact KAASS LAW. Call us at 844-522-7752 for a free consultation.
One type is a simultaneous exchange when a 1031 exchange happens on the same day. This type of exchange can take place in two separate ways:
The most common type of 1031 exchange is called a delayed exchange. 1031 Exchange occurs when a person sells a property, receives the money, and buys the property after a delay, which could be from one day to several months before getting the replacement property. A person has 45 days to identify a new property and 180 days to close the transaction In the event, a property investor fails to buy a replacement property within the time limits, the property investor will have to pay capital gains on the proceeds from the property sale.
This is a type of exchange that allows the person to make improvements to the property before the actual exchange happens. In this case, the property is placed with a capable intermediary for 180 days and within this period a person can use the exchange equity to make the required improvements. However, there are three separate requirements that you must meet But in case a person wants all gains to be free from taxes he must follow these rules:
This type of exchange allows the person to find and purchase an investment property before selling his own investment property. This helps the person to wait to sell his property until the market value of the property increases. In this case, the transaction mainly occurs with 100 percent cash. A person has 45 days to determine which one of his investment properties will be relinquished and after that he 135 days to complete the sale. For more information regarding 1031 exchange or investment proeprties we invite you to contact our real estate attorney at (310) 943-1171 today.
Individuals convicted prior to the passing of Proposition 64 may apply for resentencing. Resentencing under Proposition 64 may lead to an immediate release from jail. However, this may be contigent on how much time you have served.
An individual can make an application to the court to have their sentence reduced. This is true for individuals who are currently serving time related to marijuana crimes they were convicted of before the passing of Proposition 64. Typically, judges presume that individuals applying for such a request have met the criteria for Proposition 64 resentencing. However, this may not be the case should the prosecutor oppose the petition by proving clear and convincing evidence that the individual does not meet the criteria for resentencing. However, judges are supposed to resent individuals so long as the individual does not pose an unreasonable risk of danger to public safety.
Are you in need of legal advice or services from an attorney? We invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for assistance. KAASS Law is always standing by and ready to provide legal assistance.
Some of the restrictions associated with growing marijuana pertain to the individual’s age who decides to grow marijuana. As previously mentioned, individuals aged between 18 to 20 years old may be cited with an infraction. Additionally, an individual is not permitted to grow more than six (6) hash plants. This would lead to county jail time of up to six (6) months as well as possibly being fined up to $500. Further, an individual must grow the hash plant indoors or on the premises of their own private property, lock the space efficiently, and grow the plants in an area that is not visible from a public place.
If you or someone you know is interested in growing marijuana for recreational use, contact our KAASS LAW firm at (310) 943-1171. Our attorneys can provide you with a consultation on your case and provide legal assistance to make sure you are in compliance.
A media liability policy will usually cover the cost of any settlements and judgments against the insured, as well as necessary defense costs and other miscellaneous legal fees.
Other media liability insurance policies may also protect subsidiaries, directors, officers, and business employees. The cost of defending a liability claim can be financially devastating for any organization. Agents need to review all the nuances of their client’s organization(s) to ensure that the coverage they can offer is broad enough to cover all necessary entities without leaving any gaps in coverage.
Advertising agencies, social media companies, publishers, and other media and advertising professionals should also consider other covereages including:
If you are a content creator and have been served with a lawsuit for works that you have published, we invite you to contact our Los Angeles business litigation attorneys at (310) 943-1171 today.
With the rapid growth of digital content and the popularity of platforms such as:
Content creators and producers face increasing risks. Even unintentional mistakes can lead to costly lawsuits. For example, using an unauthorized music track can result in a claim from the copyright holder. This is why media liability insurance is an important step for anyone working in the digital media industry. In addition to protection against defamation or copyright infringement claims, the policy can also cover costs arising from:
This is especially important for bloggers, influencers and channel owners who do not have a full-fledged legal department.
The insurance process begins with an analysis of the specifics of the content creator's activity. The insurance company studies the type of content created, the platforms used, and the potential legal risks. The insurer then selects a policy with coverage that best meets the needs of a particular client. Some insurance companies offer additional options, including coverage for claims related to violations of advertising laws. It is important to note that standard general liability policies do not cover risks related to defamation or invasion of privacy. Therefore, the purchase of media liability insurance plays an important role.
The policy can be useful for:
If you are an independent developer working on a freelance basis, this insurance can not only protect you, but also increase your clients' confidence.
If you have received a subpoena related to your content, seeking help in a timely manner can make a difference in the outcome of the case. The team at KAASS LAW provides legal defense for writers, bloggers, producers, and others in the media industry in California. Contact us for a free consultation at 844-522-7752. https://youtu.be/WUVj8MxSD84
If someone suffers an injury in a horse-riding accident, they can seek compensation for the following:
The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.
If you or a loved one has been injured in a horse-riding accident, we invite you to contact KAASS LAW at (310) 943-1171 for a free consultation and case review.
In some cases, the determination of liability may depend on the specific relationship between the parties involved in the incident. For example, if an injury occurs during a paid horseback riding lesson, the instructor has a duty to ensure the safety of the client. Failure to fulfill this duty may result in the company being held liable for negligence. In addition, a signed waiver of liability does not always exempt the defendant from legal consequences. In California, courts look at the circumstances of the case. Especially if the defendant's conduct goes beyond ordinary negligence and approaches gross negligence. Therefore, with a signed waiver, an injured person can still file a lawsuit.
To successfully bring a negligence claim, four key elements must be proven:
In the case of horseback riding, such duties may include:
It is important to gather evidence as soon as possible after an accident. Such as:
You may also need the opinion of equine or veterinary experts. To confirm that there is a defect in the equipment or that the animal is unfit for use.
In addition to economic losses, the injured party is entitled to compensation for:
The court may consider the severity of the injuries, the length of recovery, and the impact on personal activities.
If you have been injured in an equestrian accident, it is important to consult with an attorney as soon as possible. Contact KAASS LAW at 844-522-7752 for a free consultation. We will analyze the details of your case and explain your legal rights and options.
There are three related offenses to brass knuckles. These include:
If you or a loved one faces charges under Penal Code 21810 PC, call our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation and case review.
There are a number of legal defense strategies that can be used depending on the circumstances of the case. A criminal defense attorney can evaluate the situation and choose the best line of defense for their client.
One possible defense is lack of intent to possess or lack of knowledge of the presence of brass knuckles. The law requires the prosecution to prove that the defendant knowingly possessed the prohibited item. For example, if a person was using someone else's car and was unaware of the presence of brass knuckles inside, this could be a defense argument.
There may also be a possible defense based on a violation of the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. If brass knuckles were discovered during a search conducted without a proper warrant, an attorney can file a motion. If the court grants the motion, the charges may be reduced or dismissed altogether.
Another defense argues that the item does not qualify as a weapon. For example, the defendant may show that the item was designed as:
And the defendant did not intend to use it to commit an assault. This may be a circumstance in his favor.
It is important to note that in some cases, the law allows the possession of brass knuckles if it is related to:
However, such cases require special permits. An attorney can use the existence of such a permit as an element of the defense.
If police charged you with unlawful possession of brass knuckles under California Penal Code Section 21810, contact a qualified attorney immediately. Violating the law can have serious consequences, including fines and jail time. KAASS LAW has the experience and knowledge necessary to protect your rights. Call 844-522-77-52 for a free consultation with an attorney.
Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in dermal fillers can lead to extremely serious reactions to the face, such as blindness, stroke, and vision abnormalities. Furthermore, the risks associated with unapproved uses of dermal fillers by the FDA or unapproved products may be more severe.
Individuals can protect themselves from potential injuries by not purchasing dermal filler products online. Oftentimes, such products can be counterfeit or not approved for use in the United States. In some cases, the FDA may not have reviewed and or approved the use of certain dermal fillers to be used for all locations of the body.
If you have been hurt by a dermal filler and would like to seek legal representation, contact our Los Angeles personal injury attorney at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and will let you know what to expect and how you can proceed forward. https://youtu.be/FHdO-1AqecM