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California's position on marijuana has modernized and allowed the usage of the substance. What's more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.
Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), "an individual is prohibited from driving under the influence of drugs." "Drugs" for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one's driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills. Without a doubt, this is a very serious matter.
Evidence of driving under the influence of marijuana may include:
Charges associated with DUI of marijuana include:
A first DUI charge essentially means that it is the individual's first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:
A Second DUI charge essentially means that it is the individual's second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:
If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:
The penalties for a misdemeanor DUI with injury include:
A felony DUI occurs if it is the individual's fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:
In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:
In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.
Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don't navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.
Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road.
Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning:
California, with its sun-drenched landscapes and bustling urban centers, offers a vibrant lifestyle. However, beneath the surface of idyllic scenery lies a common hazard: slip and fall accidents. These incidents, often seemingly minor, can result in significant injuries, financial burdens, and emotional distress for victims. Whether it's a wet grocery store floor, an uneven sidewalk, or inadequate lighting in a parking lot, property owners have a legal responsibility to maintain reasonably safe premises for visitors. At KAASS LAW we understand the complexities surrounding slip and fall accidents and are dedicated to providing clear guidance and robust legal representation to those who have been injured due to negligence.
A slip and fall accident falls under California premises liability laws. For an injured party to recover damages, the accident must have resulted from someone’s negligence. Hence, not all falls will necessarily lead to a slip and fall liability, but in a surprisingly large number of cases, they certainly can.
More specifically, someone is negligent and responsible for a slip and fall case in California if they:
In the dynamic and often unpredictable economic landscape of California, businesses and individuals can sometimes find themselves facing overwhelming debt. While the term "bankruptcy" often conjures images of complete financial collapse, the reality is that the US Bankruptcy Code offers powerful tools for reorganization and debt management, providing a pathway toward a fresh start or a sustainable future. At KAASS LAW, we understand the complexities and anxieties in relation to financial distress, and we would like to dedicate in guiding individuals and businesses through the processes of bankruptcy reorganizations and arrangements in California.
Chapter 11 of the US Bankruptcy Code is usually falls under as a "reorganization" bankruptcy. Bankruptcy reorganization occurs when a corporation is unable to pay its outstanding debts or a company's passives exceed actives. As such, bankruptcy proceedings are likely to be initiate. These proceedings are all under the federal bankruptcy court. In the framework of bankruptcy reorganization, the insolvent corporation has a possible chance to draft and submit a reorganization plan to the court. The latter is aiming towards the financial recovery of a corporation. If the given reorganization plan is approved by the court, the corporation can continue its business activity since the payment of debts impeding corporate operations is adjourned.
You can be a new driver or a seasoned veteran behind the wheel. California offers all types of people the ability to drive, given the legal circumstances. Understanding the different options of California's driver's licenses is extremely important. The California Department of Motor Vehicles (DMV) provides a range of legal state-permitted licenses that can be tailored to specific needs and vehicle types. Possessing these types ensures that you are qualified to drive, which, in theory, increases safety for the community and urban areas. At KAASS LAW, we believe in empowering our cities and California state with the proper legal information and offer a guide in breaking down various CA driver's license classifications.
For most drivers, the Class C driver's license is the standard. This license permits you to operate:
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.
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:
Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time.
A police officer can only search an individual's car if:
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.
If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:
Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:
Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.
As you may imagine, many factors can come into play in slip and fall cases. The most important factors tend to be those that we can link to what may have caused the slip and fall to recover damages. Some examples of these factors and causes are:
According to California law, people owe a duty of care to protect those who enter their property from harm. Duty of care applies to anyone who owns, leases, occupy or controls the property. However, it does not just apply to individuals; parent companies or insurers may also be liable to pay damages to people injured in slip and fall accidents in California.
Let’s explore a possible slip and fall scenario: Stephanie is out with her friends at a club, and she slips on someone’s spilled drink, injuring her head. This is a situation where there may be several possible liable parties, such as the promoter, the club owner, the parent company, the party’s insurers, and maybe even the club’s or promoter’s staff. As such, we can take many possible avenues in determining who is liable for a slip and fall injury, depending on the context of the situation.
You need to know the four things that have to be established to prove that negligence led to your injuries in the slip and fall case. These four things are important to establish if you wish to recover damages:
Once these four get established, we are well on our way to recovering damages for your slip and fall case. You are entitled to recover all compensatory damages that resulted from their negligence. Compensatory damages include:
We can recover punitive damages for a slip and fall case if the defendant’s recklessness led to severe injuries or death or if the defendant deliberately destroyed evidence of their liability.
Although an injured party may be eligible to recover damages, there is a statute of limitation ("SOL") to bring a slip and fall lawsuit. In California, the statute of limitations for slip and fall cases is two years from the accident date.
Many injured wonder what they must do to prepare for a slip and fall claim? The key is to show that the fall was the result of negligence. To prove that a third party was negligent, an injured party must collect evidence. Such evidence can include:
If you or a loved one has been injured in a slip and fall accident in California, don't navigate the legal complexities alone. The experienced personal injury attorneys at KAASS LAW are here to help. We offer a free, no-obligation consultation to discuss your case and explain your rights. Contact our office today to take the first step towards justice and recovery. Let us help you navigate the treacherous terrain and fight for the compensation you deserve.
The reorganization plan must include all the necessary measures deemed necessary to decrease costs and increase the income of the corporation. The measures may refer to:
If a reorganization plan is rejected by the court, the corporation is doomed to liquidation. That said, its assets will be sold to satisfy the claims of the creditors.
Pursuant to Corporation Code of California section 1400 of the trustee or trustees of a corporation appointed in the reorganization proceeding are vested the authority to exercise a reorganization plan or court orders without further consent by the corporation board or shareholders.
The powers of trustees, among other things, may include:
If the reorganization does not succeed, or the trustees have elected to dissolve, the corporation should elect to "wind up" the corporation. As such, the trustees would file a certificate of dissolution with the Secretary of State.
To start, the trustees sign and verify the certificate of dissolution when the corporation is completely up and ready. It shall state the following:
Navigating the complexities of bankruptcy reorganization and arrangements requires experienced legal counsel. At KAASS LAW, we offer:
If you are struggling with a financial hurdle that you cannot jump across, don't deal with this problem alone. As a result, with our services, we can overcome and achieve in helping you with your overwhelming debt. Finally, contact KAASS LAW today for a confidential consultation. We are here to provide the expert legal guidance and support you need to explore your options and take the first step towards a brighter financial future. Additionally, our firm offers expert business guidance through a scheduled consultation service. For instance, we can offer and navigate any opportunity to buy out your business partner.
At the very least, any everyday car, SUVs, and small trucks fall under this category. This type of license applies to most people who need a car to take them from Point A to Point B.
CDLs are a little different and require more steps to get this done than Standard C driver's licenses. For those operating larger or specialized vehicles for commercial reasons, a CDL is necessary. Here are three types:
Obtaining a CDL involves more stringent requirements than a Class C license, including specialized knowledge and skills tests. The DMV offers an expanded list of different types of driver's licenses. There are other methods when it comes down to to truck and bus driver training standards.
Young adults and or teenagers learning to drive in California are typically given a provisional a CA Class C license. This comes with certain restrictions designed to gradually introduce young drivers to the responsibilities of operating a vehicle. Common restrictions are the usual following:
Beyond the primary classifications, there are other important designations to be aware of, restricted licenses. Furthermore, these licenses may come with specific conditions due to medical reasons, driving record issues, or the type of vehicle being operated. The restrictions will be clearly stated on the license. Additionally, another matter to be aware of is identification cards. When it comes to California residents who do not drive, the DMV offers identification cards that serve as official proof of identity.
Operating a vehicle with the incorrect class of license can lead to serious consequences, including:
Furthermore, for commercial drivers, operating without the proper CDL and endorsements can result in significant penalties, including job loss and severe legal repercussions.
Understanding these various types of CA DL is knowledge worth knowing. It is a fundamental aspect of responsible driving so we may ensure safety for everyone. Possessing the correct license for the vehicle you wish to operate is more than just a legal requirement. At KAASS LAW, our goal is to increase awareness. Additionally, this is for you and everyone to know how to be better on the road and understand your surroundings to avoid any motor vehicle accidents. However, if you fall into any type of personal injury or accident, please don't hesitate to call us right away. Contact us today for a consultation to ensure you're navigating the road ahead with confidence and legal clarity.
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.
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.