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Within our contemporary times, credit reporting is a significant role to evaluate someone and their finances. This helps when you want to secure a loan, renting an apartment unit or business office, and so on. Credit history is determining factor, yet, we cannot be completely certain that these types of evaluations are true and fair. In 1970, a federal law came into affect that helps promote better guarantees for people and their credit score. This where the Fair Credit Reporting Act comes to play. Here at KAASS LAW, we encourage our clients and readers to stay inform and help them understand their rights. The following will discuss and show your rights and protection.
The Fair Credit Reporting Act (FCRA) is a federal law governing credit reporting agencies. Creditors, by law, have to publish a fair and accurate description of the credit history of a customer. The FCRA is primarily concerned with the way credit reporting agencies use the credit history details that they provide. The legislation aims to protect consumers from disinformation. It provides very specific guidelines on the methods used by credit reporting agencies to obtain and verify the information and describes reasons for the release of information. The legislation also extends to banks, credit unions and companies providing medical records and records of writing or rental background checks, as well as any entities using credit reporting information for recruiting purposes. The FCRA has often come up in media coverage when advocacy groups challenge the integrity of collecting information credit reporting agencies and the right of customers to contest the information and delete it from their credit report.
If someone who uses a credit report or any other type of consumer report to deny your credit, insurance or employment application, or to take any other negative action against you, must tell you the name, address and telephone number of the agency that provided the information.
You should ask for and receive all the information about you in a consumer service agency's reports (your "file disclosure"). They will ask you to properly identify which may include your Social Security number. In many instances, it will be safe to report it. You the right to obtain a free disclosure of the file if:
Therefore, all customers have the right to one free disclosure every 12 months at the request of each regional credit office and national specialty consumer reporting agency.
Credit scores are numerical summaries of your creditworthiness, based on credit bureau knowledge.
If you find missing or inaccurate information in your file, and report it to the consumer 2 reporting agency, the agency will decide if your dispute is not frivolous.
A consumer reporting agency may provide information about you only to people with a legitimate need – usually with a creditor, lender, employer, landlord, or other business considering an application. The FCRA sets out those with a valid access requirement.
Inaccurate, incomplete, or unverifiable information, usually within 30 days, must be deleted or corrected. A consumer reporting agency may however continue to report information that it has checked as reliable. Customer reporting agencies may not disclose the negative information obsolete. In most cases, a consumer reporting agency may not disclose negative information older than seven years, or bankruptcies older than 10 (ten) years. The Fair Credit Reporting Act (FCRA) is an essential law that empowers consumers to take control of their credit information and ensures that credit reporting agencies operate with transparency and fairness. By providing you with the right to access your credit report, dispute inaccuracies, and protect your privacy, the FCRA helps safeguard your financial reputation and prevent identity theft. If you ever find discrepancies or errors on your credit report, remember that you have the right to challenge those inaccuracies and seek corrections. Are you in need of additional information about the Fair Credit Reporting Act (FCRA)? Get in touch with KAASS Law for more info about FCRA and debt collection now. You can give us a call at (310) 943-1171 or fill out the form below and we will contact you at your earliest convenience.
In a democratic society, transparency and accountability are paramount. Access to public records is a cornerstone of this principle. This allows citizens to scrutinize government actions and ensure they can given to the public interest. In California, this right is in the California Public Records Act (CPRA), a powerful tool for promoting government transparency. the following will help explore the key provisions of the CPRA. Here at KAASS Law, we strive towards knowledge and outlining what records are accessible. We also better explain the process for requesting records, and the limited exemptions that exist.
Everyone has a constitutional right to use the state's California Public Records Act (CPRA) to access a vast number of California public records. See the CPRA text in sections 6250 and 6253 of the California Government Code (Cal. Gov't Code), which states that any person, business, partnership, limited liability company, firm or organization, both within and outside California, can inspect public records in California.
Apple agrees to pay consumers an amount of up to $500 million to settle a class action lawsuit that was filed against the company, which accused the company of purposely slowing down iPhones. The Apple iPhone slow down class action suggested that the company was intentionally slowing down older versions of iPhones in order to make consumers spend money on purchasing new ones.
Apple has agreed to settle the lawsuit by paying consumers anywhere from $310 million up to $500 million. Apple will pay eligible consumers approximately $25 per iPhone that is covered by the settlement agreement, which could be more or less based on however many iPhones end up being covered. The minimum payout will be $310 million, while the maximum payout will be $500 million. The settlement is subject to approval by a judge on April 03, 2020.
The settlement covers various models of iPhones for consumers in the United States, including the following:
Do you believe you have been effected as a consumer? If so, you should be eligible for compensation from this lawsuit as long as you have previously owned one of the iPhones listed above that are covered by the settlement. Would you like additional information and legal assistance? at are always ready and willing to help regarding legal matters with the best of our ability! Feel free to give us a call anytime at (310) 943-1171.
The burden of proof in California is the obligation to establish the elements on the subject of the claim. In a criminal trial, the burden is solely on the prosecution because of the presumption of innocence, where in a civil trial the burden of proof is originally on the plaintiff and then can be shifted to the defendant. In civil trial the burden of proof is much lower for plaintiffs than the burden of proof for prosecutors in a criminal cases. During a criminal case, a prosecutor must establish the case against the defendant beyond a reasonable doubt.
Different standards of proof which depends on what is at stake in the case, such as the issue of rights to a property or money.
In majority civil trials, it is the plaintiff’s obligation to prove the case by a preponderance of the evidence. According to CACI 200 the party must be able to prove, with evidence to in the court, that what their requirement to prove is more likely to be true than not true. Thus, the preponderance of the evidence means that the plaintiff must show the court, that there is a greater than 50% chance that the defendant caused him the harm or injury.
Med Pay coverage in California (also known as medical payment coverage) is a type of optional insurance which covers bodily injuries caused by an auto accident. This type of insurance does not only cover injuries of a policyholder, but also covers injuries for the passengers who were involved in the accident as well. The unique quality about Med Pay is that medical expenses related to the injuries are covered no matter who is at fault for the accident. Advantages of medical payment coverage are that the policyholder and his/her family members can claim damages in case they:
Primary coverage provides the policyholder with a wide amount of insurance. A personal injury lawyer collects the medical bills that the policyholder has accrued after his accident. They bring forth those bills to the driver’s auto insurance, and the company will compensate for the damages.
Starting a restaurant business in Los Angeles has its own set of legal considerations. There are specific requirements, both to the State of California and to the restaurant industry. The person must undertake the following steps in order to successfully open a business. Here at KAASS LAW, we help our clients on the complexities of these legal matter. As one of the most dynamic culinary cities in the world, LA offers a thriving market for diverse dining experiences. However, launching a successful restaurant requires more than just passion for food. This involves navigating legal, financial, and operational challenges. If you're planning to open a restaurant in LA, here’s a comprehensive guide to help you understand the essential steps and legal considerations:
Are you planning on starting an eCommerce business in Los Angeles, CA? Here are some key factors you must take into account before starting.
According to California Business and Professions Code Section 17538 internet businesses are required to disclose to buyers, on screen or in writing:
According to California Online Privacy Protection Act, companies operating commercial websites are required to include a link to a Privacy Policy on their website. The Privacy Policy must address the following:
Dr. George Tyndall, the former longtime gynecologist at the USC, is charged with sexually abusing sixteen patients at the student health center. 16 women ranging from 17 to 29 were survivors during their visits to the student health center for treatment. According to the criminal complaint the sexual misconduct and harassment, which included forced touching and making “demeaning and vulgar” comments about patients’ genitalia occurred from 2009 to 2016. Victims were unaware of what was happening to them. The gynecologist led them to think it served a professional purpose. Dr. George Tyndall used his position of authority as a gynecologist to take medically unwarranted and nonconsensual photographs of his patient genitalia under the guise of medical treatment. The doctor particularly targeted young students, who were frequently unfamiliar with the nature of gynecological treatment as a result of their inexperience cultural background or youth. Thus, many of the young women did not realize what Tyndall was doing during the examinations and didn’t understand that he was sexually violating them.
George Tyndall is charged with 29 felonies, including 11 counts of sexual battery by fraud and 18 counts of sexual penetration. The charges include sexual harassment, sexual assault, gender violence, sexual abuse, sexual battery, and many more. Dr. Tyndall started his work at the campus clinic in 1989. He then was suspended in 2016, when the expert evaluation began, and later left his post with a substantial payout. The criminal case only involves 16 victims. However, more than 700 women have filed individual civil lawsuits against University of Southern California and George Tyndall.
Small claims court handles cases involving cash or estate disputes, generally below a financial limit set. A physical person/ an individual can raise up to $7,500 in small claims court in California, while corporations and limited liability firms are still restricted to $5,000. It is noticeable that the price of employing an attorney and spending time in civil court can rapidly exceed those limitations. Alternatively, filing a small claim case may provide a more affordable alternative to dispute resolution at much reduced price. Small claims cases are always heard in a distinct division of county Civil Courts. Both parties, the complainant and the defendant, submit their case to an official appointed by a judge or court. In turn, this judge weighs the proof and makes a judgment. In a matter of minutes, the entire court process can be over.
According to Section 116.30 of Code of Civil Procedure of California: “no formal pleading is required to bring a small claims case other than the argument defined in Section 116.320 or 116.360. For small claims cases, the pre-trial discovery procedures mentioned for Section 2019.010 of Code of Civil Procedure of California are not authorized”.
The claim form is a simple non-technical form that the Judicial Council has approved or adopted. The claim form shall provide a place for:
Small Claims Courts are there to provide individuals and businesses with a simple, cost-effective means of resolving disputes. The administration of these courts is essential that cases are efficient, fair, and in accordance with the law. Effective administration is crucial for allow that justice serves quickly and that the rights of both parties' protection. In the context of Small Claims Court, the role of administration goes beyond mere paperwork. It is about ensuring that the system remains accessible to everyone. Facilitating the resolution of disputes in a way that is both fair and cost-effective. Small Claims Court administration ensures that individuals and businesses alike can navigate the legal system. This is upholding clear processes and maintaining efficient operations. The following will help better explain how Small Claims Court Administration operates.
According to the Law there shall be a small division of claims in every Superior Court. The division of small claims can be as the court of Small Claims. It is a specialized court that handles disputes involving relatively small amounts of money. These courts were established to allow individuals to seek resolution for claims. For example, claims such as unpaid debts, contract disputes, or property damage. These are claims that don't need lengthy, costly legal proceedings. The procedures in Small Claims Court are simplified to encourage self-representation, meaning that individuals typically do not require an attorney to file or defend a claim. The types of cases handled in Small Claims Court usually involve claims for damages that fall under a specific dollar limit, which varies by jurisdiction. In general, the limit can range from a few thousand to tens of thousands of dollars, depending on the rules of the local jurisdiction.
The CPRA (California Government Code sections 6250-6270) provides the public with the right to inspect and copy government records. It establishes a presumption of openness. This means that government records are generally a consider public unless a specific exemption applies. The CPRA covers a wide range of state and local government agencies, including:
One can examine the public records of state offices, officers, departments, divisions, offices, boards as well as commissions in California and other state agencies and bodies. You can also audit local authorities' public records, including counties, cities, school districts, municipal corporations, districts, political subdivisions, local government departments, and non-profit organizations that are a local agency's legislative bodies. You would not, however, be able to access the records of the California state legislature or its committees, nor of the CPRA state courts.
One can review all of the government bodies subject to CPRA's "public records." The phrase "public records" is broadly defined to include information pertaining to the conduct of the business of the public which is prepared, held, used or maintained by any state or local entity regardless of the medium in which it is stored. Look at Cal. Code Gov't Section 6252(e). Keep in mind that public records do not extend to public officials’ personal information that is unrelated to the conduct of public business (for example, a telephone message taken from a colleague's wife about picking up children by a public official), or government-developed computer software.
An agency can decline to provide a record if "the public interest served by not making the record clear outweighs the public interest served by disclosure of the record" in a particular case. (Cal. Gov't Code Section 6255) In addition to this general exception, if one or more of the following strictly interpreted statutory provisions apply, an entity is allowed (but not required) to deny disclosure. A long list of specific exemptions is set out in the Act (Cal. Gov't Code Section 6254), including:
The California Public Records Act is a powerful tool for promoting government transparency and accountability. By understanding your rights under the CPRA, you can effectively access government information. This will ensure that public business is willingly to remain openly and in the public interest. Don't feel hesitant and exercise your rights without any issues. We the people should have access and find our form of the truth.
Do you have any questions or concerns about your access to public records in California? Our attorneys at KAASS Law may be able to help you out. Give us a call at (310) 943-1171 for more information!
According to CACI 201 certain facts must be proof by clear and convincing evidence, which is a higher standard of burden of proof. This means the plaintiff must be able to establish that it is highly probable that the fact is true and there is a substantial likelihood that the defendant committed the illegal act. The burden of proof by clear and convincing evidence is a requirement when particularly significant individual rights or interests are at stake, such as: involuntary commitment, termination of parental rights, withdrawing life support from a relative or deportation.
In case the plaintiff is able to present sufficient evidence and convince a jury by the preponderance of the evidence that the defendant has committed the illegal act, the burden of proof will shift to the defendant. Numerous forms of evidence can be offered at trial, such as:
The burden of proof can continue to shift until one party is incapable of meeting the burden.
As mentioned above, in a criminal trial, the defendant is presumed innocent until proven guilty. Therefore, the burden of proof is always on the prosecution. In case the prosecution fails to prove the defendant’s unlawful actions, the defendant doesn’t have to prove anything. The highest standard in criminal cases is beyond a reasonable doubt. Which is a much higher burden than preponderance of evidence. Beyond a reasonable doubt means that there is a great likelihood that the defendant is guilty of committing the crime. Do you have any specific questions about a situation involved with yourself or a loved one? An attorney near you should be able to provide you with legal assistance regarding your particular matter. Our law firm in California offers services throughout Los Angeles County, San Bernardino County, Ventura County, and all surrounding areas. Are you are involved in a situation that consists of legal matters? If so, you do not need to go through the situation on your own. Asking for professional advice and assistance regarding your specific case can increase the likeliness of a positive outcome.
Second coverage is not expensive but is only applicable if the driver already possess health insurance. The main advantages of secondary coverage are that the co-pays, deductibles, and the segment of the medical cost that the driver’s insurance company does not pay for will be also covered. Additionally, it is worth mentioning that Med-Pay is not unlimited, and the largest amount a policyholder can receive is $25,000 dollars.
When comparing Med Pay and PIP it can be difficult to decide which one to choose. Depending on your circumstances, it is important to decide which auto insurance coverage would fit you best.
Med Pay covers medical, recovery, and even dental expenses after an accident but it does not replace any kind of health insurance.
PIP coverage is a little more extensive than just covering only medical bills. With this type of insurance rehabilitation expenses, psychiatric bills and occupational therapy costs will be covered. PIP also offers insurance for lost wages.
The insurance covers all related medical payments from when the vehicle accident took place all the way through the treatment process. The expenses can include:
The following expenses are not covered under California medical payments insurance:
Do you have any additional questions about med-pay coverage for a specific situation that you're involved in? You should be able to seek legal assistance from an attorney in your area. KAASS Law offers services throughout Los Angeles County, San Bernardino County, Ventura County, and surrounding areas. If you are located within our service area, feel free to give us a call about any questions or concerns you have regarding your matter. We will try to help you out with the best of our ability.
In Los Angeles alone, there are over 14,000 active restaurants that provide some type of service in the food industry. You have to consider a specific niche or avoid a saturation of the same thing in the food industry so you can increase your chances of success. For instance, you wouldn't ideally open a burger joint restaurant in an area that already has multiple spots that serve burgers already. Before seriously pursuing a new restaurant in Los Angeles, you will need a specific thought-out business plan. This can include:
The type of business entity you choose for starting your restaurant in Los Angeles will affect your amount of personal liability and tax obligations. Actually, there are four basic types of business formations:
Each type of these business formations has different requirements, tax implications costs, and levels of liability.
Under California law, a restaurant owner must obtain the following:
There are numerous risks associated with opening a restaurant in Los Angeles, such as employees or customers falling or slipping, someone getting hurt from broken glass or hot liquid etc. There are also more common business risks such as theft, fire or other personal injury or property damage. While choosing proper insurance coverage for you restaurant try to make sure that everything, from plates to stoves, is fully covered. In case of personal injuries, make sure to have a good general liability policy.
If you are thinking of opening a restaurant that is a part of a franchise you will be subject to a franchise contract which will likely give the franchisor rights to:
There are some particular employment laws that are specifically relevant to restaurants, such as minimum wages for tipped employees or rules regarding different exams and training related to food preparation and handling. Various testing and training rules can be found in in Chapter 3 of the California Retail Food Code.
The state of CA's website offers great guidelines on how to run a small business.
Starting a restaurant in Los Angeles involves more than just serving great food. It requires careful planning, securing the right funding, obtaining necessary permits, and ensuring compliance with various legal requirements. With the right preparation and professional support, you can turn your culinary dreams into a thriving business in one of the world’s most vibrant restaurant scenes. Allow us to provide a service with these headaches so you can properly serve your hungry customers without a problem. For any questions and or need legal consultation, contact KAASS LAW.
Federal law states that businesses must collect sales tax for internet transactions involving the sale of most goods to customers where the business has a physical presence. However, California law requires larger ecommerce businesses to collect sales tax in California even if they don’t have a presence in California. This regulation comes from the “Amazon Law,” according to which an out-of-state retailer must collect sales tax from California customers in case:
According to California’s updated Auto-Renewal Law (Business and Professions Code Section 17600) online sellers are required to make their terms even clearer in transactions that involve an auto-renewal. E-commerce sellers who are doing business in California are required to allow online cancellation of auto-renewing memberships or recurring purchases that were initiated online. Specifically, section 17602(c) provides: “A consumer who accepts an automatic renewal or continuous service offer online shall be allowed to terminate the automatic renewal or continuous service exclusively online, which may include a termination email, formatted and provided by the business that a consumer can send to the business without additional information.” California Auto-Renewal Law also requires a seller who provides an automatic offer that includes a promotional, trial or a gift, to notify its consumers about how to cancel the auto-renewal before they are charged. The law also includes other requirements that online sellers must be aware of before implementing this type of program.
All companies operating in Los Angeles are required to obtain a California business license, no matter whether they sell online or have a physical storefront. If you decide to operate without a valid license, you could be subject to heavy fines. You can be even forced to stop operations until the paperwork is filed.
To apply for a business license in Los Angeles, you typically need to:
Do you have any specific questions involved with starting an eCommerce business in Los Angeles? Our business lawyers at KAASS Law can provide you with specific answers and information based on your unique situation.
USC has agreed to a $215 million class-action settlement with gynecologist’s 17,000 former patients. They would create a fund to pay $2,500 to $250,000 to abused women. The victims will get compensation based on the severity of doctor’s actions their readiness to provide statements. In case they want and are able to provide an interview, compensation can range up to the highest $250,000 amount. The settlement requires University of Southern California to implement institutional changes, such as:
Contact KAASS LAW for any legal questions and or representation.
Also, according to the law the form or accompanying directions shall contain information that the plaintiff:
You can ask the court to waive fees for filing and serving the case on the ground that the plaintiff is unable to pay them using the forms accepted for that purpose by the Judicial Council.
The clerk shall schedule the case for trial when a lawsuit is made and issue an order for the parties to appear with witnesses and records at the time set for the hearing to prove their claim or defense. The case is scheduled to be heard no earlier than 20 days but not more than 70 days from the order date. The clerk might make all the following at the time the claim is filed:
Through legal practice, the Judicial Council shall provide for the process and procedure, the forms and their use in actions involving small claims. Every small claims division shall provide a current copy of a document detailing the small claims court statute and the procedures applicable in the small claims courts, including the laws and procedures relevant to the compliance of judgments, in each court in which small claims cases are heard. The California Center for Judicial Education and Research's Small Claims Court and Consumer Law Bench Book is an example of a publication that meets the requirements of this branch. Every division of small claims will devise and distribute a manual on the rules and procedures of the small claims court to litigants and the public. The manual will clarify how to complete the necessary forms, how to determine the proper court where small claims cases can be filed, how to file and defend against lawsuits, how to appeal the decision, how to enforce a judgment, how to protect property that is excluded from execution, and other matters that the court finds necessary or desirable.
Every county, or the superior court in a county where the court administers the small claims advisory service, shall decide the small claims advisory service in compliance with local needs and conditions.
An advisory committee shall establish to review the nature and procedure of small claims. With particular attention given to improving procedures for implementing judgments.
Effective administration of Small Claims Courts is critical for ensuring that the process remains accessible, fair, and timely. It allows litigants to navigate the system with ease, minimizes delays, and helps maintain the integrity of the legal process. Moreover, efficient administration ensures that disputes are resolved without undue complexity, providing individuals and businesses with an accessible means of achieving justice. At KAASS LAW, we understand how important it is for our clients to navigate Small Claims Court effectively, whether they are pursuing a claim or defending against one. Our team of experienced attorneys is here to help guide you through the process, ensuring that you understand your rights and obligations every step of the way. For any further assistance and or legal representation, contact KAASS LAW today!