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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.
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.
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.
Tenancy in common is established when two or more individuals place their names on the deed to the property and therefore own the property together. A tenant can own unequal shares and can have different ownership interests. Owning property via a tenancy in common has grown in popularity due to property price increases.
Tenancy in common can apply to office buildings, undeveloped land, office space, or a house.
Property can be held as a space assignment co-ownership tenancy in common. Essentially, these are similar to condominiums in that an individual assigns houses, apartments, rooms, officers, stores, or storage spaces to each owner. Additionally, particular tenants in this configuration have rights created in a contract that are signed by all co-owners. A space assignment co-ownership tenancy in common can be more popular because local condominium conversion restrictions do not apply to tenancy in common conversions.
In California, individuals may form a space assignment co-ownership tenancy in common for any commercial or residential building. Furthermore, the location of the building, its zoning, size, layout, age, unit mix, or construction do not matter for regulatory purposes.
The first step in starting a business is to gain a business formation. In general, there are four types of business formation in Californian. They include:
A corporation is an organization through which a business is conducted. It is a legal entity incorporated in certain jurisdictions by its founders. Like a physical person, a corporation has its rights and obligations. However, the latter shall not be attributed to the owner(s) of a corporation, since they are distinct from each other.
Corporations as a rule have several of distinctive characteristics that altogether separate them from the other types of legal entities and help to obtain certain rights and obligations. Many specialists in the field of corporate/business law distinguish characteristics of corporations that overlap one with the other. Many lawyers believe that the central attributes of the corporations are:
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. If the defendant successfully completes the terms of probation, the court dismisses the charges. However, the defendant may need to plead guilty to the alleged crime.
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant must fulfill all obligations during their probationary period. If the defendant fulfills their obligations, the court will dismiss the case.
Formal diversion is an option for non-violent misdemeanor crimes such as petty theft, trespassing, or disorderly conduct. Typically, formal diversion is available if the following are present:
Often times, a collapse of a balcony or deck can lead to serious injuries or even death. An injured party may file a claim or lawsuit to seek compensation for damages sustained.
Under the premises liability law of California, the owner of the property should exercise reasonable care of the property. A defendant can prove that he/she exercised reasonable care by showing her or she did the following:
Generally, landlords will be held liable in the event the rented property has an unsafe deck or balcony which resulted in an injury. Liability attaches on a landlord because the landlord has an obligation to timely inspect, correct the defects, and warn the tenants regarding possible dangers.
Buses are common carriers because they are in the business of transporting people or property for a fee. However, there are other factors used to determine if in fact the entity is a common carrier. These factors include the following:
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of common carrier responsibilities include:
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
The following is a list of the rights and liabilities that tenants in common have:
Each tenant in common has the right to transfer their ownership interest to a third party. Essentially, the tenant in common can sell, gift, or mortgage their share. Should the other tenants in common be negatively affected by this transfer, the owners must all agree to the transfer.
Each tenant in common has a right to share the income produced from the property. Thus, each tenant in common may receive the income that is proportional to their share of ownership interest they have on the property.
Each tenant in common shares responsibility of the property expenses. This responsibility is based on the percentage of ownership interest each tenant in common owns. To use an example to demonstrate, if a tenant in common has 60% ownership, they will pay 60% of the expenses.
If a creditor gains an interest in the property, all tenancy in common owners may need to sell the property. However, the other tenants in common can be compensated for the sale of the property based on the percentage of their ownership interest.
A co-owner can terminate the tenancy in common by selling, conveying, or transferring their interest in the property to a third party.
In addition to the rights and responsibilities of co-owners, it is important to consider the tax implications of tenancy in common. Each co-owner must declare their share of the property’s income and expenses, if the property is rented out, each co-owner reports his or her share of the rental income on the tax return. Similarly, co-owners share expenses in proportion to their ownership. This means that co-owners must keep clear financial records of all income and expenses.
Yes, a co-owner can file a partition action - a lawsuit to divide the property. If the other co-owners do not agree to the terms of ownership, one of them can go to court. This forces the sale of the property or allocates their share. Often, the court will order the sale of the entire property, followed by a distribution of the proceeds to the co-owners. Thus, even if most unit owners oppose the sale, the court can still order it.
As an alternative to court partition, co-owners may enter into a tenancy in common agreement. Such a document governs:
This is especially important if the owners are not related or do not live together. The contract will help prevent conflicts and avoid lengthy litigation in the future.
If you thinking of creating a tenancy in common, please contact KAASS LAW. (310) 943-1171 for a consultation. Our attorneys will provide the legal assistance you need to help create a tenancy in common for you.
In most states, it has become a conventional practice when the companies are incorporated without having a temporary existence limitation and only in exceptional cases do the founders/shareholders of the companies decide to have an ending date. If the shareholders decide, at the moment of registration, that the company should have a specified ending date, then the defined date shall be considered as an automated end of the corporation if prescribed in the charter of the company. However, in the prevailing number of cases, the founders of the corporations do not specify an ending date, which means that the corporation can have an ending date only if:
The characteristic of perpetual existence of the corporation gives the shareholders a sense of comfort meaning that the corporation is easily manageable, safer and a stable place to make investments, expect returns without having to worry about the sudden changes. Likewise, this characteristic eliminates any extra expenses the corporation may have taken for the regular updates/addendums in the state registration body. Alternatively, corporations can carry the information as initially prescribed in the charter without spending additional efforts to file any other documents.
A legal personality in the case of companies is decided by the specific types of business organizations, which own separate property and assets (tangible, intangible) and the liability of the latter extends to the assets and investments it committed. The legal persons can acquire and exercise property and non-property rights, carry on responsibilities, act as plaintiffs and/or defendants in courts.
Limited liability is a fundamental doctrine of corporate law. There are many benefits of a limited liability company. The rule of limited liability implies that the investors who make contributions to the equity capital of the company/corporation bear the risks only to the extent of the initial investments and the assets the company possesses. For example, if A and B persons, each owning 50% of the shares in the company, jointly organized, invested 200$ in total to the charter capital of the company, then each of them risks only 100$ and not more than the investment if no other assets are transferred under the property entitlement of the company.
If you need help in forming a corporation in California we invite you to contact our Los Angeles Business lawyer at (310) 943-1171.
For those who hold a professional license, this is where it gets tricky. Essentially, formal diversion may affect an individual who holds a professional license. Depending on the nature of the professional license and crime(s) involved, pleading to a criminal offense is enough to trigger disciplinary action against the professional. For purposes of a professional license, it is better to be convicted of another misdemeanor offense that does not trigger disciplinary action taken by the professional board. For example, pleading to an accessory after the fact rather than to a crime involving moral turpitude.
Doctors, lawyers, nurses, or therapist are just some examples of occupations that have professional licenses. These professions require individuals to take and pass state-approved tests before they can practice in California.
One of the key differences between formal and informal diversion is the effect on criminal records and professional licenses. In a formal diversion, the defendant will most likely enter a guilty plea. However, if he or she successfully completes all the conditions of probation, the criminal case may be dismissed. However, this outcome may still affect his or her future employment opportunities. Especially if licensed professions are involved. In an informal diversion, the defendant pleads not guilty and the case continues on probation. This provides more opportunity for a defense if all conditions of the program are not met.
In California, formal diversion is often offered for offenses that:
For example, charges of petty theft or trespassing on private property may be grounds for formal diversion. If the defendant has not been previously convicted of similar offenses. Formal diversion can also be used in cases where the defendant pleads guilty as part of an agreement with the prosecutor. This can avoid more serious consequences, such as jail time.
Informal challenges are a more favorable option for defendants seeking to avoid a trial. For example, for individuals in licensed professions such as:
Informal recusal may be a better option because it avoids the impact of the charges on their professional reputation. Informal refusal is not an admission of guilt and does not result in a formal criminal record. It has less impact on future employment and the ability to practice a licensed profession.
For people working in fields that require a professional license, it is important to consider how a formal or informal revocation may affect their career. It is important to realize that a formal revocation, even if it results in a dismissal of charges, can leave a trail in court documents. This trail will be available to future employers and regulators. An informal dismissal usually does not result in a criminal record, which makes it preferable. It avoids further disciplinary action by professional organizations.
In order to successfully complete a diversion program, it is important to carefully follow all of the conditions set forth by the court. This may include:
If you don’t meet these conditions, the court may revoke the diversion program and return the case to trial.
If you or someone you know has been charged with a crime and has a professional license, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a consultation. Our attorneys will provide you with legal assistance your case requires.
The contractors/builders' liability generally attaches if the deck or balcony was not constructed in a manner required under regulations and existing standards. If you are injured on the property belong to a third party, you can sue the:
Particularly, to sue the defendant for the injuries sustained due to a balcony or deck collapse, the injured party must prove that:
As mentioned, sometimes the party, who is liable, is the building contractor. The liability of the building contractor is hard to prove but it is still possible by engaging professional experts in your case by bringing expert reports or using their statements as evidence.
In order the prove that the property owner knew or should have know about the defective condition of the balcony or deck, the plaintiff can provide evidence showing the negligence of the property owner in the following ways:
A plaintiff may seek compensation arising out of a injury sustained due a collapse of a balcony or deck. Examples of such compensation may include the following:
In the event a death occurred due to a balcony or deck collapse, a party may file a lawsuit to seek compensation for a family member by filing a wrongful death lawsuit.
If you or a loved one has been injured in a balcony or deck collapse, we invite you to contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and advise you on what to expect and how you can proceed.
Yes, a bus driver may be held liable should they fail to observe local laws. The idea here is that when an individual becomes a passenger in a bus, the passenger is essentially putting themselves under the bus driver’s control. Thus, a bus driver has a responsibility to provide the highest degree of care and safety to its passengers regardless if riding for a short or long trip.
In order to successfully prove liability of a bus driver in California, you must prove that negligence occurred. Proving negligence of a common carrier usually means showing that the bus driver violated the law. Additionally, negligence can be shown should the driver fail to act reasonable in using care and diligence expected of a cautious bus operator.
Bus accidents may cause severe and long-term injuries as well as cause other damages that may impact ones life. If you or someone you know has been injured in a bus accident, contact our Los Angeles bus accident lawyer at (310) 943-1171 for a free consutlation. Our personal injury attorneys can provide you with any sort of legal assistance you require.