Stay updated with the latest legal news, expert analysis, and firm updates from KAASS LAW.
Whether you're facing a legal challenge or seeking proactive counsel, our award-winning team is ready to defend your interests.
While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an drowning accident happens.
You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.
Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:
Family members can file a lawsuit, such as:
The above-mentioned family members can sue if the accident does not kill the victim but leaves him unable to protect his rights.
While filing the lawsuit, you can seek compensation of:
In case you file a lawsuit for the wrongful death of a family member, you can seek compensation of:
In case you had a drowning accident, try to gather evidence, as:
In California, pool owners are required by law to keep their facilities safe. This means installing:
And other items required by law. For example, the California Swimming Pool Safety Act requires residential properties with swimming pools to install safety barriers. Failure to do so can make the owner liable for damages. Especially if the victim is a child. Failure to comply with safety standards may be considered a failure to exercise due care. This opens up the possibility of a lawsuit.
In legal terms, negligence means that the defendant failed to exercise reasonable care under the circumstances. In a drowning case, this could mean that:
Even if the victim was on private property without permission, the owner can be held liable. But only if it is proven that he or she knew of the danger and failed to take appropriate action.
If the drowning occurred at a municipal pool or on property managed by a government entity, special procedures may apply. In California, to file a lawsuit against a public entity, you must first file a government claim. Within six months of the accident. Failure to meet this deadline may result in the loss of your right to sue.
Even in case you signed a waiver for liabilities, or the defendant argued that there is the "assumption of risk"-an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation and case review by a Glendale personal injury attorney.
A corporation registered with the State of California can cease its corporate existence in two ways:
Each way of dissolution has its grounds and specific legal procedure. While a corporation may be involuntarily dissolved under a court decree, the voluntary dissolution is carried out by a corporation’s shareholders, as well as in special cases by the Board of Directors. This article will address voluntary dissolution, leaving involuntary dissolution for a separate discussion.
The Corporations Code of California, chapter 19, sections 1900-1907, covers the legal regulations pertaining to the procedure of voluntary dissolution. These rules help an interested person to comply with the requirements of the law in the process of voluntary dissolution.
In general, someone may initiate voluntary dissolution by:
California Vehicle Code forbids driving under the influence of drugs and alcohol. The law considers a driver intoxicated if drugs or alcohol impair their ability to drive. If you have a driving accident by the fault of the DUI driver, you are entitled to seek compensation for damages as well as filing a civil lawsuit against the at fault party.
Any driver has a duty of care towards other drivers and pedestrians. This duty is also the basis of all restrictions under California law regarding intoxicated driving. Thus, if this duty of care is violated and one is injured because of such violation, the driver can be held liable. Furthermore, the DUI driver may be liable under the "negligence per se" legal theroy. In other words, if the driver violates a statute, such as driving under the influence of alcohol or drugs or exceeding the BAC limit, and causes a car accident, the driver will be liable for the injuries to the victim. To seek compensation for damages for DUI accidents, you shall prove that the driver was drunk or under the influence of drugs at the time of the accident, and this fact acted as a direct reason for the accident to happen. You do not need to wait for the drunk driver’s conviction to file a civil lawsuit. If you can present evidence of damages caused by the DUI car accident, you can seek compensation without waiting for the driver’s conviction.
Cosmetics is a broad spectrum, covering anything from facial cleansers, moisturizers, or makeup. The two most important laws pertaining to the cosmetics market in the United States are the Federal Food and Drug Administration and the Fair Packaging and Labeling Act. However, it is unfortunate, yet it is a real thing that these products can have defective skin products.
According to www.fda.gov, the FDA is responsible for protecting public health by ensuring the safety, efficacy, and security that includes cosmetics.
According to www.fda.gov, FPLA directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring all produced and manufacturers to include the net contents, identity of commodity, and the name and place of business of the product’s manufacturer, packer, or distributor. The disclosure of this information prevents consumer deception as to what ingredients usage in the products sold to the public.
Products become defective when there is something wrong with them, which can cause unwanted side effects or illnesses. Defects in cosmetics can lead to extremely serious reactions to the face, such as permanent scaring and infection to the eyes.
Starting an online gambling business is no small task. It's best to consult a business expert and an experienced attorney for solid advice. Some factors to consider include getting: a gambling license, reliable online gambling software provider, and a trustworthy payment provider.
Every jurisdiction has their own unique regulatory requirement since each state ultimately decides whether it wishes to participate in online gambling and/or betting. Thus, an online gambling business must obtain a gambling license that will stand in the specific jurisdiction you wish to conduct business in. Additionally, consider costs, taxes, application duration, and licensing requirements before choosing a jurisdiction.
Consider several online gambling software providers, including Microgaming, BetSoft, Playtech, and NetEnt. When choosing a software program, prioritize one that protects players and data, preventing unauthorized access. Additionally, it is worth noting that the software should also have a reliable and advanced gaming management system so that the software can support different activities that will be taking place on the online gambling platform.
California law criminalizes the act of conducting "assault" and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury. Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.
Under Penal Code section 245.5 PC the victim is the "school employee". A victim qualifies as a school employee if they are a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under "school employees".
To be found guilty under PC 245.5, the prosecution must prove that:
This bill was passed on March 6, 2021. Provides relief to address the continued impact COVID-19 has had on the economy, public health, individuals, and businesses.
The American Rescue Plan Act of 2021 will provide funding for individuals and entities. Including but not limited to, schools and institutions of higher education, small businesses, and emergency rental and homeowner assistance. The Act will also provide an extension on unemployment benefits, expand and otherwise modify certain tax credits, including the child tax credit and the earned income tax credit.
This credit is for parents who have children under the age of 17 years old. Taxpayers can claim a child tax credit of up to $2,000 for each child under the age of 17 years old who is an American citizen. The credit reduces by 5% of adjusted gross income over $200,000 for a single parent and $400,000 for married couples.
The earned income tax credit is a way to support working parents who are either of low or moderate income. Working parents can get a credit equal to a percentage of their earnings for up to a maximum credit. In 2019, this credit could be up to $6,557 and $6,660 in 2020. However, once the credit reaches its maximum, the credit will lower with each additional dollar of income made until no credit is available.
Garage door accidents are not uncommon but they can still occur due to poor installation and lack of maintenance. Whether the accident happens inside your own home, someone else’s home, or a public place, a garage door accident can be very serious. Some common garage door accidents include:
A garage door malfunctioning can cause any number of serious injuries, depending on the severity of the accident. Injuries that can be a cause by a garage door accident include:
When you are in an accident with a drunk driver, it seems obvious that the driver should be responsible for your losses. However, drunk drivers are not always automatically completely liable in a motor vehicle accident in California. In some cases, accidents involving a drunk driver may not result from the drunk driver themselves.
To hold a driver responsible for an accident, he or she must have been driving in an unlawful or negligent manner which directly caused the accident. This includes any number of traffic safety rule violations such as:
Liability depends on examining the facts of the accident and identifying the direct cause, which can be quite complex. Consult with one of our Los Angeles Personal Injury attorneys to help you figure out who was at fault in your accident.
Negligence is the most important factor when deciding liability in a case. The legal definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In other words, it is a failure to act with a level of care that a reasonable person would have acted with in the same situation. Civil negligence, however, differs from criminal.
Proving negligence is sometimes more of a process rather than an immediate decision made by pointing fingers. There are four elements that an attorney must prove in order to prove negligence:
There are a number of ways that your attorney can prove these different elements of negligence, including:
Shareholders may dissolve their corporation for a variety of reasons. In this regard, they are not accountable to anyone else. Shareholders holding shares representing 50% or more of the voting power should vote to wind up and dissolve the corporation, unless the articles of incorporation prescribe a higher threshold. Whereas, the board of directors may approve to wind up and dissolve a corporation which comes within one of the following descriptions:
Once the resolution on a voluntary dissolution is in place, the corporation steps into the stage known as “winding up”. This aims to finalize the debt-clearance process. It assumes paying outstanding debts and discharging pending liabilities. Afterwards, the corporation resolves the issue of distributing the remaining assets to the shareholders entitled thereto.
The corporation must notify its creditors about the commencement of dissolution, allowing them to submit their claims. Such notification shall include all the relevant information necessary for sending claims, for instance the mailing address, the deadlines for submission etc.
Further, you need to file a certificate of dissolution with the Secretary of State (SOS). The certificate of dissolution shall include the following information:
The official website of SOS provides the form of the certificate. You must submit the certificate via email or in person. Thereupon the corporate powers, rights, and privileges of the corporation ceases. The Secretary of State notifies the Franchise Tax Board of the dissolution.
However, in addition to the above actions, the corporation must consider a number of additional legal obligations. For example, the corporation must file a final tax return with the California Franchise Tax Board. Also, all applicable taxes must be paid before or at the time the Certificate of Dissolution is filed. In addition, if the corporation had employees, all requirements under the California Labor Code must be met. These include:
Failure to meet these obligations can result in civil liability and penalties. In addition, if the company holds any licenses or permits, they must be formally revoked or transferred. This is especially important for businesses in regulated industries. Such as:
Corporations are advised to retain accounting and corporate records for at least three years after liquidation. This may be necessary in the event of an IRS audit or creditor lawsuit. Contact KAASS LAW for legal assistance in all stages of liquidation.
If you need to initiate and finalize the process of a voluntary dissolution of your corporation, we invite you to contact an attorney at KAASS LAW at (310) 943-1171 and speak to our Glendale business attorney to assist with the process.
You can seek compensation for the following damages caused to you as the result of a DUI accident:
To receive the compensation, you shall prove that you suffered from the mentioned damages and shall show the direct link between the negligence of the driver and your damages.
Most insurance policies cover compensatory damages if the policyholder injures someone while driving under the influence. In case the driver does not have insurance or the aggregate policy doesn't cover the damages, you shall sue the driver directly to receive compensation.
If you or a loved one has been in an accident with a DUI driver, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Cosmetic companies can be hold accountable should they not adhere to product liability standards in producing and manufacturing their products. Should a company fail to use a reasonable standard of care, a case against them may be brought.
If you have been hurt by a cosmetic product and would like to seek legal representation, contact our California products liability attorneys at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed.
When a plaintiff is injured by the use of cosmetics, he or she may be able to file a product liability lawsuit. In California, the law provides several grounds for filing such a lawsuit. 1. Design defect. A manufacturer can be held liable if a cosmetic product:
This is especially true if the ingredients have not been adequately tested. Also when used in concentrations that exceed safe limits established by FDA standards. 2. Manufacturing Defect. Even if a product has a proper design, a manufacturing error can still lead to a lawsuit.
Also considered manufacturing defects. 3. Inadequate warning. Cosmetic companies have a duty to warn of potential side effects. This is especially true when ingredients may cause reactions in people with sensitive skin or allergies. Inadequate warnings on packaging can lead to a lawsuit for failure to warn. Such cases are particularly relevant to the use of:
Injuries from defective cosmetics can be quite severe. For example:
Some of these effects may require long-term treatment by:
If the damage has affected quality of life or caused emotional distress.
The following parties can be liable for defective cosmetics:
Affected consumers may seek compensation for:
In order to successfully file a claim, it is important to gather evidence:
If possible, get witnesses to confirm the use of the product and the consequences.
If you and or someone you know have been injured by substandard cosmetics, it is important to seek qualified legal help as soon as possible. Please contact KAASS LAW today! We can help:
We fight to make sure injured victims receive full compensation for their injuries. Call (310) 943-1171 for a free consultation with an experienced product liability attorney.
When choosing a company’s payment solution, it is important to make sure the provider offers a smooth payment transaction, fraud detection, e-merchant integrations, and customer support.
Gambling is highly regulated in California. However, the state has not yet legalized online casinos or sports betting. With the exception of certain types of poker platforms and fantasy sports. It's important to realize that launching an online gambling business within the state is only possible if federal and state laws are followed. As well as agreements with local tribes. However, California entrepreneurs can consider international jurisdictions. Such as:
To obtain a license and operate an online platform from abroad. However, it is important to note that working with US users may still be subject to prohibitions.
In addition to state laws, online gambling activities are subject to U.S. federal laws. Specifically:
For these reasons, it is important to seek legal advice before starting a business. Our attorneys at KAASS LAW can help you determine which laws and restrictions apply specifically to your case.
When selecting a jurisdiction for licensing, you should consider not only the cost and processing time of the application, but also factors such as:
It is recommended to carefully review the information available on the official websites of the regulators before applying for a license.
Modern legislation requires online gaming platforms to adhere to strict anti-money laundering (AML) measures. and know your customer (KYC) requirements. This means that the platform is required to:
Failure to comply with these requirements may result in fines, license revocation, or criminal prosecution.
Online advertising of gambling services is also regulated. Especially if you plan to target US users. Things to consider are:
It is advisable to consult an attorney before launching an advertising campaign. And make sure you have permission from the relevant platforms.
Like any business, online gaming involves legal risks, including:
In this regard, it is critical to:
If you are interested in conducting an online gambling business in California, contact KAASS LAW (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and let you know what to expect and how you can proceed.
To be charged and convicted under this offense, the school employee must be performing their employment duties at the time of the offense. Thus, if the assault occurs in the evening while the teacher is walking in the park with his dog, the defendant cannot face charges under Penal Code section 245.5.
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can result in either a misdemeanor or a felony charge.
Penalties for a 245.5 PC conviction vary based on the type of weapon used during the assault.
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.
Defendants charged under section 245.5 may have several defenses. One such defense is lack of intent. If the defendant:
The defense can argue that the assault was not intentional. In addition, the defense of necessity may be used. If the defendant acted in response to an immediate threat to his or her health or life.
If the defendant accused of assaulting a school employee pleads guilty, or if there are mitigating circumstances, the defense may request a reduced sentence. This may include suggestions for alternative action. Such as:
It is important to note that the court's decision will largely depend on:
Punishment for the crime of assaulting a school employee can have a significant impact on the defendant's career. Especially if he or she works in education. A charge under Section 245.5 may result in:
And other professional consequences that may limit future employment opportunities.
It is important to contact an experienced attorney who specializes in criminal cases. A defense attorney will be able to:
If you or a loved one is facing charges under California Penal Code Section 245.5, do not delay in consulting with a qualified attorney.
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
As mentioned, the American Rescue Plan Act of 2021 alters existing tax policies. For example, the child tax credit will be increased from $2,000 to $3,600. Per child that is under the age of 6. Also, those who have children ages 6 to 17 years old and low tax bills can expect a tax credit of $3,000 per child. This is a new system that will pay a portion of the child tax credit in advance over the last 6 months of the year. Additionally, tax credit will be extended for single individuals who make more than $75,000 and married individuals who make more than $150,000. The existing credit tops out for single individuals making more than $200,000 and married individuals making more than $400,000. The legislation also effects the tax credits that parents receive to subsidize the cost of child care this year. Currently, the credit is worth 20% to 35% of eligible expenses with a maximum value of $2,100 for two or more qualifying individuals. The stimulus bill increases that amount to $4,000 for one qualifying individual or $8,000 for two or more. KAASS LAW will guide you through the complexities of the American Rescue Plan Act of 2021 and help you maximize your tax credits and relief benefits.
The American Recovery and Reinvestment Act of 2021 (ARRA) has a significant impact on health care by expanding access to insurance and easing the financial burden for millions of Americans. The Act significantly modifies the current Premium Tax Credit (PTC) provisions. which is designed to reduce the cost of health insurance policies purchased through state exchanges Under the provisions of ARPA, taxpayers with incomes above 400% of the federal poverty level became eligible for tax subsidies in tax years 2021 through 2022. Only if the cost of the insurance policy exceeded 8.5% of their income. Prior to the passage of ARPA, these taxpayers were completely excluded from the PTC program. This change allowed more people to purchase affordable health insurance. Especially in light of the economic instability caused by the COVID-19 pandemic. In addition, ARPA included a special provision for individuals who received unemployment benefits for at least one week in 2021. In such cases, the taxpayer was eligible for the maximum premium tax credit regardless of actual income for the year. This provision temporarily removed barriers to health insurance coverage for unemployed individuals.
The act also provided significant funding for state and local governments to recover from the effects of the pandemic. In total, ARPA provided $350 billion to support various levels of government. These funds will be used to ensure:
and other socially important sectors. States have flexibility in how they use the funds. However, they must comply with federal transparency and accountability requirements. Some of the funds have also been earmarked for investments in:
This is especially important for rural and sparsely populated areas. If you would like to learn more about your eligibility for tax credits, the attorneys at KAASS LAW are available for a free consultation. Call (310) 943-1171 for professional assistance.
To figure out who is liable in a garage door accident, it is crucial to know what caused the accident or any malfunction of the garage door. Among those that can be a consideration in a liable party include:
If you file a lawsuit after a garage door accident injury, then compensations are applicable for damages or losses due to the accident. For instance, these include both economic and non-economic damages, including:
To file a lawsuit for a garage door accident, a plaintiff must prove that the injury occurred as a result of:
In such cases, both negligence and strict liability may apply. If improper installation caused the accident, the property owner may face liability.
Under California law, property owners have a duty to maintain their property in a safe condition. This includes ensuring that garage doors are in working and safe condition. If an owner was aware of a defective gate and failed to repair it, he or she may be found guilty of negligence. Liability can also arise if the victim was on the property with permission. For example, as a guest.
In cases where the accident was caused by a defect in the design or mechanism of a garage door, the manufacturer or seller may be held liable. California law provides for strict liability for defective products. This means that a plaintiff does not have to prove that the manufacturer was negligent. He or she need only prove the existence of the defect and the causal connection between the defect and the injury. In addition, distributors and retailers may also be liable under certain circumstances.
To increase the chances of a successful case, it is important to gather and preserve as much evidence as possible. This includes:
The more complete the information provided, the greater the likelihood of a successful claim.
The statute of limitations under California law should be considered. Typically, an injured person has two years from the date of injury to file a personal injury lawsuit. If the product has a defect, the time frame may change. Missing the statute of limitations may result in the loss of your right to recover damages, so it is important to act in a timely manner.
Because garage door injury cases can involve multiple sides of a cause of action, legal assistance is crucial. The attorneys at KAASS LAW are experienced in handling these types of cases and will help determine the best strategy to protect the injured party's interests.
If you or a loved one have been injured in a garage door accident, we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles garage door personal injury lawyer. Our attorneys will help you determine the liable party and proceed accordingly.
When the drunk driver’s impairment is the cause of the crash, they are completely liable for the accident. However, the driver could be drunk but follow traffic laws, and the other driver’s actions could cause the crash. For example, you may have failed to brake in time and hit a drunk driver’s car from behind. In that case, you are liable for the accident. The police will charge the other driver with a DUI, but that won't change your fault in the accident if the driver’s drunken impairment didn’t cause the crash. If it was your wrong action that ultimately caused the accident, you are at fault, regardless of the other driver’s impairment. If their drunken impairment did not cause the accident, it will most likely not be a factor in deciding liability.
California follows comparative negligence, allowing both parties to share fault in an accident based on their level of responsibility. In such cases, the settlement amount recovered to cover losses will be much lower. For example, you may have been looking at your phone while you were driving and a drunk driver swerved out of their lane and side swiped your car. In such a case, both parties will most likely share fault because both parties’ actions contributed to the accident. If you hadn't used your phone and the driver hadn't swerved while impaired, the accident would not have occurred. If you are partly at fault in your accident, our Los Angeles Personal Injury attorneys can help you figure out what percentage of the accident was your fault. You can still recover losses, but the amount will reduce by the percentage of your fault in the accident. So if you were 90% at fault, you can still receive 10% of your damages as compensation.
It is important to realize that the presence of alcohol in the driver's blood does not automatically make him or her the sole perpetrator of the accident. In order to determine fault, it is necessary to conduct a thorough investigation of all the circumstances surrounding the accident. The key factor in determining liability is causation. Between the driver's actions and the resulting consequences. In accident cases, courts and insurance companies analyze evidence such as:
If it is proven that the injured party's actions were also negligent, the amount of compensation may be reduced. This is especially true in California where comparative negligence applies.
Even if you are partially at fault for an accident, you may still be entitled to recover damages. These may include:
The amount of your payout will depend on the extent of your liability. For example, if you were found to be 30% at fault, you could receive 70% of your total damages.
Legal help is especially important in cases involving drunk drivers, as these cases often involve emotional distress and complex legal nuances. Attorneys can help you present the facts correctly, protect your interests, and seek fair compensation.
If you or a loved one has been in an accident involving a drunk driver, contact KAASS LAW (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, Russian, and Armenian.
Civil negligence can take many different forms, and can also be quite hard to identify at times. A few examples to help better understand civil negligence include:
Each state has its own criminal laws that decide what can be considered criminally negligent. Criminal negligence can be punishable with jail time. Some examples of criminal negligence include:
The legal consequences of civil and criminal negligence are very different. Civil negligence results in monetary compensation for the plaintiff, as the primary goal is to recover damages. This is accomplished through a civil lawsuit, which usually requires the defendant to pay for the injured person's damages or medical expenses. Criminal negligence can lead to more serious consequences, including criminal prosecution. In this case, the consequences may include:
The main purpose of a criminal case is to punish the defendant for the crime committed and to protect society. This is important to understand. In order to be held criminally liable, it must be proven that the defendant's actions were indifferent to the risk. Unlike civil liability, where proof of harm is sufficient, criminal liability depends on the degree of danger and negligence. If you have been the victim of civil or criminal negligence, it is important to seek legal help. At KAASS LAW, our attorneys can help you understand your situation and offer you the best solution. The sooner you come forward, the better chance you have of successfully resolving your case.
If you or a loved one has been in an accident or suffered any kind of injury as a result of another person’s negligence, contact our Los Angeles Personal Injury attorneys. KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, and Armenian.