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.
Have you ever heard of card rooms; state-run lotteries? Have you ever wondered whether California considers horse race wagering legal? This article will provide an overview of existing gambling regulations.
Though there is no certain definition for gambling under California State Law, the practice shows that the following elements shall be present to qualify the actions as gambling:
The California State Constitution considers gambling illegal in California. However, some types of gambling are exceptions to the general rule. Particularly, California law permits:
The main legislative act regulating gambling in California is called Gambling Control Act. This act sets out the relevant licensing terms for the entities, which are involved in the gambling market. California Gambling Control Commission issues particular regulations for gaming licenses. Besides, it also issues licenses to owners, supervisors, players, and employees of gambling institutions. It is considered that licenses shall be renewed bi-annually and they may not be assigned or transferred in whole or in part under California Business and Profession Code. This means that a separate application for receiving a license must be submitted for there to be a change in corporate control of the licensed entity. California allows tribal casinos, and the state and the tribe negotiate their regulations. The regulations will cover revenue sharing details, licensing terms, and other related matters.
Horse wagering, including pari-mutuel wagering, falls under California Horse Racing Law and the California Business and Professions Code. The Californian Lottery runs the only authorized lottery in the state of California.
Under Penal Code 330 PC it is a misdemeanor offense to:
The minimum age to gamble in California is 18 years, though some casinos have a minimum age of entry which is 21 years.
California does not separately regulate online gambling. Thus, there is no special licensing regime for online gambling.
Businesses and individuals engaged in gambling activities in California are subject to strict state regulation. The California Gambling Control Commission has the authority to impose administrative sanctions for violations of the Gambling Control Act. Such sanctions include:
Liability applies to both licensees and employees of gambling establishments. Individuals involved in illegal gambling activities may also be subject to criminal penalties. Under California Penal Code Section 330 PC, it is a misdemeanor to:
This offense is classified as a misdemeanor and may result in a fine, arrest, or other sanction as determined by the court.
It is also important to note that third parties, including landlords who provide the premises, can be held liable. The California Business and Professions Code considers advertising illegal gambling a misdemeanor. While advertising for legal gambling activities is not prohibited, it must comply with general advertising requirements. These include a prohibition against misleading information. Authorities may impose fines and take civil action if parties fail to meet these standards.
The California Gambling Control Commission, Horse Racing Board, and Lottery Commission have not issued separate acts regarding gambling advertisements. Thus, the California Business and Professions Code regulates gambling advertisements under its general advertising regime. If you or a loved one would like more information on California wagering and gambling laws we invite you to contact KAASS LAW (310) 943-1171 today. The sooner you come forward, the better chance you have of successfully resolving your case.
Penal Code 422.55 PC defines hate crime as a criminal act committed due to the victim’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
An actual characteristic for hate crime purposes essentially means that the individual is committing a hate crime towards another due to the victim’s actual status regarding disability, gender, or any of the other listings as seen under Penal Code 422.55 PC.
A perceived characteristic for hate crime purposes means that the individual commits a hate crime that is not based on one of the characteristics listed under Penal Code 422.55 PC but that they perceived the victim as such. For example, an individual may have the impression that a person they have seen around their neighborhood is of a certain sexual orientation that they do not like and because of this perception, that individual commits a crime against this neighbor. However, the neighbor was never of the sexual orientation the individual perceived them to be. Since the individual perceived their neighbor's sexual orientation and committed a crime, they would still commit a hate crime.
According to California Health and Safety Code Section 120290 it a crime to willfully transmitting a communicable, infectious, or contagious disease. According to California Health and Safety Code Section 120290(a)(2), it is illegal to ignore the instructions of a health professional regarding transmitting an infectious disease.
One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that
The keystone of a negligence claim is that the defendant owed the plaintiff a duty to disclose information about the STD, allowing the plaintiff to decide on exposure. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn’t occur. Usually, damages in this situation are based on the mental anguish and emotional distress.
Did you know that a tax applies when someone transfers property after passing? This is typically called a death tax, where the estate pays taxes before transferring assets to the beneficiary.
Death taxes are taxes that are enforced by the federal and sometimes by the state government on someone’s estate upon their death. These taxes can be either charged on the beneficiary who receives the property in the deceased’s will or the estate which, pays the tax before transferring the inherited property. Essentially, the government taxes individuals on the right to transfer property to heirs after death. Therefore, that tax can be based on the total value of the decedent’s estate or the value of a single bequest.
The government charges estate tax based on the property and assets’ value at the time of the owner’s death. This tax typically applies only to amounts exceeding certain exemptions, not to the entire value of the estate. In 2020, the federal estate tax exemption was $11.58 million, based on the Tax Cut and Jobs Act. This will terminate in 2025 unless Congress decided to renew it. In the event Congress chooses not to renew, it will return back to $5 million. However, back in 2001, the estate tax exemption was $675,000. Thus, the estate's net value over that amount taxed at 55%.
One of the most common types of product liability claims in this state is, California failure to warn laws, cases. According to the law, a manufacturer, distributor, and other parties involved in the distribution chain of distribution are required to provide adequate warnings on a product.
The plaintiff must prove the following element to establish the failure to warn claim in California
The plaintiff must be able to prove that he used the product was something the manufacturer could have predicted but failed to warn about the potential harm of using the product in such a way. In addition to that, it is important to prove that the risks of this particular use were not obvious to you as a consumer.
In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.
California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state.” At the end of a divorce, community property is generally split 50/50.
In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.
In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".
Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
Protection of minor's rights has always been one of the most important goals in any democratic society. Besides insurance of minor's rights, it has also been essential to criminalize and punish perpetrators of sexual abuse. Penal Code defines various types of sexual abuse of minors, including aggravated sexual assault of a child under Penal Code section 239 PC.
The crime defines committing "a certain offense" against a child. Special elements must exist to criminalize the action as aggravated sexual assault of a child. First is the age of the minor- the latter shall be under the age of 14. It means that children aged 14 or older cannot qualify as victims under this section. The second element is the age difference between the perpetrator and the victim. Under Penal Code section 239 the victim shall be seven or more years younger than the perpetrator. If this element is absent, the action will not qualify as aggravated sexual assault of a child. The third is the commitment of “the certain offense”. Not any sexual abuse of a minor under the age of 14 and with 7 or more years of age difference with the perpetrator shall fall under section 239. The listed crimes are rape, sodomy, oral copulation, and sexual penetration. Assaulting a child under Penal Code section 240 removes the third element since it’s not a “certain offense.”
Pursuant to Penal Code 20410 PC it is unlawful to:
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
Several ways exist to prosecute a hate crime. Under Penal Code 422.6 PC, it is a crime for a person to commit a hate crime. Additionally, there are other penal codes that pertain to sentence enhancing or additional penalties. For example, under Penal Code 422.75 PC, additional penalties apply on an individual when: 1) they are convicted of a misdemeanor, or 2) that misdemeanor is also proven to be a hate crime. Also, Penal Code 422.7 PC imposes sentencing enhancement on an accused if: 1) they are convicted of a felony, and 2) that felony is also proven to be a hate crime.
Under California law, the commission of a hate crime is considered a misdemeanor, which is punishable by: 1) imprisonment in a county jail for up to one (1) year, and/or 2) a maximum fine of $5,000. However, should an individual commit a crime that is proven to also be a hate crime, then that individual can be charged with a felony and get a penalty enhancement, as mentioned above for up to three (3) years.
A battery cause of action for transmission of a sexually transmitted disease involves the defendant’s intentional, unconsented and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Moreover, it is not necessary that the defendant had a specific intent to transmit the STD - going forward with sexual contact with the knowledge that transmission could occur is enough. For a civil battery claim, the victim must prove that the defendant knew he infected with an STD or was likely to have one.
In order to prove fraud, the plaintiff must establish the following:
A person who knowingly and intentionally fails to disclose their sexually transmitted disease to a sexual partner can face liability for any injuries the partner sustains.
A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. A claim for intentional infliction of emotional distress for transmitting an STD often accompanies another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.
Generally, the law strictly prohibits disclosing another person's HIV status, except in limited situations such as court cases or medical procedures. A violation of the statute can provide grounds for a civil lawsuit.
To better understand the complexities of STI liability in California, it is important to consider additional legal considerations. One possible defense in STI transmission cases is that the defendant did not know he or she was infected. Under California law, a person cannot be prosecuted for STI transmission if he or she did not know that he or she was infected. This is especially true in cases where a person carries the infection unknowingly or has no symptoms. However, it is worth noting that even if the defendant did not know they were infected, they can still be held liable. If the facts show that he or she should have been aware of the risk of transmitting the disease. In such situations, the key point is that the defendant should have taken all possible steps. to ensure that he or she was healthy before engaging in sexual intercourse.
In some cases, the court can establish liability for transmitting an STD even without intent to infect a partner. California law allows liability even in situations where the infected person did not intend to transmit the infection. But was aware of the risk of infection and continued sexual relations anyway. This is an important consideration in understanding how the law may interpret the actions of individuals who have sex despite the potential risk.
Medical evidence and test results play a key role in STI transmission cases. If the defendant or victim tests positive for an STI, the court can use this as evidence. It is also important to keep in mind that refusing to undergo medical testing can be perceived as strengthening the evidence against the accused. This can seriously affect the outcome of the case, as the court will consider whether a party concealed or withheld information. This may lead to additional charges of fraud or negligence. If you are a victim of STI transmission, contact KAASS LAW for counseling on this issue.
In civil lawsuits, the plaintiff may claim the following damages, including:
Depending on what the exemption level is at the time of someone’s passing, the death tax may or may not be owed. For younger individuals who have not yet perhaps established their careers, the thought of owning millions seems impossible. However, with a long life ahead, the idea is not so unimaginable as to achieving financial success that is more than the estate tax exemption.
Taking steps now while the exemption is high is a great idea as to ensure financial security for beneficiaries. For example, placing shares of a successful business or real estate into a trust can shield them from the death tax. Take for instance setting up a domestic trust. This is an idea to consider because one can shield a portion of their assets from death taxes in this way. For example, Sally decides to open a new business that over time becomes worth $13 million. Sally should set up a revocable trust and place 45% of her business shares into this trust for tax protection. Upon Sally's death, she will only owe 55% of the business shares and avoid exceeding the exemption level. KAASS LAW can help you navigate death taxes and protect your estate.
Under California product liability laws, the warning of harm or risk of injury must be:
The manufacturer/distributor is under a duty to stay informed about its product and he can't escape legal liability for a failure to warn just because he was uninformed of the risk. In case the manufacturer/distributor could have discovered the risk through investigation, research, or testing he will be liable for failing to warn the consumer about a risk he should have reasonably known about. Furthermore, if any new information is discovered, it is also the manufacturer's responsibility to warn consumers that have already purchased a product about the new risks.
Under California’s statute of limitations, the plaintiff generally has two years from the date of the injury to bring the claim against the manufacturer/distributor. This period can be extended in case:
The plaintiff can be able to recover the following:
https://www.youtube.com/watch?v=V6GTQa0qmH0&ab_channel=KaassLaw
For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS LAW today at (310) 943-1171.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
If you are a creditor seeking to:
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.
California punishes aggravated sexual assault of a child as a felony with a minimum sentence of 15 years to life in state prison. The criminal can also face consecutive prison terms, which means that the latter can face sentences under section 239 back to back. A Penal Code 239 PC conviction also requires registering as a sex offender.
Besides the negative reaction of the society and public contempt and hatred, registration as a sex offender interferes with several rights of a person such as the right of freedom of movement, right to privacy, right to work, and several other protected rights by the Constitution. Each State in the US has its separate database for registration of the sex offenders. This means that in case the sex offender changes the state where he lives, he shall each time register in the database of the state he moved to and become subject of legislation of that state concerning sex offenders. Thus, relocation to a new state will not help to avoid the consequences of such registration. The sex offender can also face difficulties in employment. After conviction, there can be limitations to work in certain places which are near schools or kindergartens.
In 2006, California adopted "Jessica's Law", a ballot initiative that prohibits registered sex offenders from living within 2,000 feet of a school, park or similar location where children gather. As such, often times California registered sex offenders may have a difficult time finding suitable tenancy. Thus, besides long imprisonment, registration as a sex offender and remaining as it unless the court determines otherwise, can limit and restrict many of the rights of the offender and leave negative consequences in his life after conviction.
A conviction for aggravated sexual abuse of a child under California Penal Code Section 239 has serious and lasting consequences. Individuals found guilty are required to register with the state as sex offenders. However, the legal and social consequences do not end there 1. Registration as a sex offender significantly limits housing options. Under Jessica's Law, a person on the registry cannot live within 2,000 feet of where children are typically found. As a result, convicted offenders may be denied rental housing. Even in populated areas, it is extremely difficult to find housing. 2. Convicts face employment restrictions. For example, they cannot hold positions that involve working with minors. This includes positions in the following areas:
The existence of a criminal record under article 239 automatically excludes the possibility of employment in government and licensed organizations. that require security clearance. 3. Registering as a sex offender makes it difficult to move to another state. Federal regulations require a registrant to re-register with the appropriate database in the new state within a specified time frame. Failure to do so may result in additional criminal liability. In summary, a conviction under Section 239 not only deprives one of liberty, but also comes with numerous consequences. which limit basic constitutional rights and make further social rehabilitation much more difficult.
If you or a loved one has been charged with Aggravated sexual assault of a child or other related crime, we invite you to contact KAASS LAW at (310) 943-1171 for a free constellation and case review.
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
Penalties for a misdemeanor Penal Code 20410 conviction are:
Penalties for a felony Penal code 20410 conviction are:
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
It is important to discuss all possible consequences with an experienced attorney.
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
A possible defense for a Penal Code section 417.4 PC offense include the following:
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at Kaass Law at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
KAASS LAW Woodland Hills Office 6320 Canoga Ave Woodland Hills, CA 91367 KAASS LAW San Bernardino Office 570 West 4th Street, #300, San Bernardino, CA 92401 KAASS LAW San Diego Office 4445 Eastgate Mall Suite 200, San Diego, CA 92121