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Facing eviction in Los Angeles, California occurs more frequent than one would assume. Los Angeles currently holds the title for having the highest number of recorded evictions in the state of California. The reasons for eviction vary and the most common are listed below:
The following are also key things to note:
Due to the COVID-19 Pandemic, Los Angeles County has added extra protection for certain tenants and circumstances. June 1st, 2022 through December 31st, 2022 Los Angeles County will be following the Updated COVID-19 Tenant Protections Resolution. Some context of the resolution is listed below:
If you or someone you know of is in need of an attorney due to wrongful eviction or a tenant conflict, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.
In the state of California, a tenant is defined as a "nuisance" when acts such as harboring illegal weapons or drugs, cockfighting, dogfighting, playing loud music at inappropriate times, even arguing with one's spouse loudly in the hallway are committed. By being a nuisance, the tenant is decreasing the inability of the rental space for others. Under California, Civil Code § 3479, nuisance is anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…”
A landlord who is dealing with a tenant who may be a nuisance must first give the tenant a warning. The warning must clearly asks them to stop whatever it is they are doing that classifies them as a nuisance. If the action is continued and the tenant does not change behavior, the landlord can use the right they are granted by California Code of Civil Procedure § 1161.4.
Your career may be in peril if you hold a license in California as a licensed professional, such as a doctor, teacher, or real estate broker, if you receive certain types of criminal convictions. Authorities from all throughout the state are looking over court records, checking fingerprints, and looking into complaints. Professionals with spotless records risk having their licenses suspended or revoked. However, the good news is that those with professional licenses have a stake in them. The board, division, or commission in charge of your regulation cannot abruptly cancel your license without first giving you the chance to request a hearing.
If you've made amends, completed your probation, had your case dismissed, etc., prior convictions may still follow you around if you're a professional in California and have had previous convictions. Your professional license may be subject to revocation or suspension by your regulatory body or department. Whereas if you were convicted of a felony that the employer considers has a material impact on your capacity to carry out your job obligations. In fact, it's conceivable that the reason you're reading this is because you've already got a charge that details the consequences of a conviction. If you don't have a license but have requested for one, you might have received a statement of difficulties. Meanwhile, pay attention to the following:
At any moment, a person can be involved in an auto accident. An injured person might not have been a passenger in an Uber car at the time of the accident. Instead, the victim might have been rear-ended by the driver or been injured as a bicyclist, pedestrian, or motorcyclist. An injured victim can file a claim with the Uber driver's insurance policy. Furthermore, an injured party can also file an Uber accident claim with Uber's insurance policy.
In California, the drivers with ridesharing companies are required to carry $50,000 per person and $100,000 per accident in liability insurance along with $30,000 in property damage. The rideshare company also carries $200,000 in extra coverage. The insurance is applicable as long as the driver is logged into the app and looking for a customer request. When the driver accepts a ride and is en route to pick up the customer, the $1 million insurance kicks in.
After the accident's victim must immediately take the following steps to preserve the right to compensation:
Video about if an injured person can sue a rental motorcycle company for an accident. [video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2020/03/can-an-injured-person-sue-a-rental-motorcycle-video-by-kaass-law.mp4"][/video]
If you believe you were injured by a defective product, you must consider the following questions:
A design defect refers to a flaw inherent in a product itself, and the product is harmful and dangerous in the way it was conceived.
Design defects can take many different forms, including unsafe toys, unsafe consumer electronics, and unsafe vehicles Under California law, there are two tests to establish a design defect:
Plaintiff can use either test or both tests to prove a design defect to a jury in a product liability lawsuit.
According to CACI 1203, The consumer expectation test evaluates whether a product failed to perform as safely as a regular consumer would have expected it to perform when used as intended or reasonably foreseeable.
To establish the claim for products liability, the plaintiff(s) must prove the following elements:
According to CACI 1204, to establish strict liability using a risk-benefit test, the plaintiffs must prove that:
In California, domestic violence is addressed in the following ways:
Yes, as mentioned previously, an individual can be liable for the tort of domestic violence. Per Civil Code section 1708.6, an individual can be held liable for the tort of domestic violence if the plaintiff proves the following:
California Vehicle Code 12500 (b) states, “A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class.”
It is most likely that you will want to obtain the M1 class motorcycle license, which permits you to drive a traditional motorcycle. The M2 and M3 class licenses are only for motorized scooters, “mopeds,” and 3-wheel motorcycles. You will need to go to a DMV and provide your:
Then, you will need to perform the following:
Earning a CCMT by completing the course can be used to opt out of the in-person driving test at a DMV. However, you will still be required to pass a written test regarding motorcycle operation laws.
Uber is typically considered a technology company that provides a service of connecting people who want a ride with people who want to drive them around. Using an app is often convenient, quick, and cheaper than using a taxi.
Thus, Uber drivers are not considered employees of the company, rather, they are independent contractors. This is problematic for passengers who are injured in an accident since employers are generally liable for the actions of their employees. Although, it is to be noted that California Assembly Bill AB5 is hoping to provide protection to employees of gig app sharing economy companies such as Uber and Lyft.
If a passenger was hurt in an accident, he must seek prompt medical attention. Even if the passenger doesn’t have pain right away, he can experience symptoms several days after the accident. Under California law, victims of car accidents have a right to recover compensation equal to the full value of caused damages. Passengers can recover for both monetary losses and intangible, noneconomic damages.
An injured passenger involved in an Uber accident may be entitled to the following compensation:
The latest philosophical debate over the political independence of our country’s judicial system has taken another controversial turn as President Trump and Chief Justice Roberts exchange some heated words, ultimately leading to a critical disagreement. This negative response marks the first instance in which Chief Justice Roberts has had any amount of criticism towards President Trump, which is quite significant because it is a known fact that Roberts is a Republican. Specifically, Roberts made a push against Trump’s description of a judge who had ruled against Trump’s migrant asylum policy as an “Obama judge”. The claim did not land well with Roberts because, according to him, the United States does not have “Obama judges or Trump judges”. Presumably, he took most issue with the implicit assumption that underlies Trump’s declaration–just because a judge does not rule in his policy’s favor, does not mean that judge is politically partial to any representative or candidate. Roberts further goes on to say just before Thanksgiving that, “an independent judiciary is something we should all be thankful for.” In Roberts’s interpretation, having a politically unbiased, neutral judicial branch is imperative to maintaining our judicial system and keeping it free of outside influences or political drama. Trump’s statement against the judge clearly shows that Trump feels otherwise, claiming instead that certain judges are just outright against him or his party specifically, thus creating an unfair judicial climate. Given that Roberts is a Chief Justice, it is quite clear to see how Trump’s declarations would have moved him to break his long-standing silence and to make a few bold statements of his own. Perhaps what’s most uncomfortable about this whole situation is that these latest remarks come as the Supreme Court is entangled in controversy over Trump’s appointment of Justice Brett Kavanaugh. At this point, several justices have spoken out about the importance of judicial independence and about the dangers of having the court be viewed as a political institution divided between five conservative and four liberal judges. However, when asked to comment, the White House had no immediate responses regarding Trump’s remarks or Roberts’s criticisms. Overall, the political climate in the United States has never been more divided in modern U.S. politics and the need to keep our judicial system free of its wiles and influences is greater than ever before. Roberts has a very good point in that preserving the political independence of our judiciary system is paramount for a more just democracy. On the other hand, Trump also has a point regarding the current iteration of our Supreme Court Justices: if it is so easy to view the Supreme Court as a constant balance of power between the conservative and liberal justices, then shouldn’t we need to do more to accomplish our goal of judicial impartiality? Either way you look at it, what we choose to do regarding these issues as a nation will set the standard for how we view the judicial system alongside politics and bias in our country for years to come.
Via California Code of Civil Procedure § 1161.4, it is up to the landlord of the property to decide on the three-day notice they will serve the tenant with. There are three-day notices which may ask the tenant to correct the violation or leave the rental property and there are three-day notices which evict the tenant right-away. Unlike late rent and other offenses, a landlord handling a nuisance may evict the tenant right-away. This right does work only when the actions which make them a nuisance are classified as illegal and dangerous.
If you or someone you know of is in need of an attorney due to a tenant conflict, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.
In accordance with the Administrative Procedure Act, you have a right to an administrative hearing in your disciplinary matter. Administrative hearings are held to "check" excessive enforcement attempts. By doing so, they help to maintain a proper balance between the public's right to protection from potentially dangerous experts and the right to a living. The Office of Administrative Hearings (the "OAH"), which manages approximately 10,000 cases annually, oversees the administrative hearing procedure.
With opening and closing arguments, evidence, and witnesses, an OAH administrative hearing is similar to a mock trial. Sacramento, Oakland, Los Angeles, San Diego, and other cities hold hearings in designated courtrooms. The licensing authority attempting to revoke (or deny) your license is not related to the ALJ. The ALJ is a qualified attorney whose responsibility it is to guarantee that you have a fair trial. Regardless of whether you hire legal representation, a lawyer will argue on favor of the licensing body. If you choose to represent yourself, you may wish to look at OAH's webpage on the subject. In an administrative hearing, there is no jury.
If the hearing procedure has failed and you have asked the licensing body to review its decision, there may still be something further you can do. In a petition for writ of administrative mandate, you can request that the Superior Court review and overturn the licensing authority's decision. This trial has existed for some time. There will be no "retrial" of your case. To ensure that you have a fair hearing in your unique instance, a trial court judge will review everything. That's why the licensing board will not have "abused its authority" by breaking the law or issuing an order.
If you or someone close to you is facing criminal charges and you want to engage a lawyer to represent you. You can contact our Glendale lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
A victim can be entitled to the damages for:
A lawsuit can be the victim’s best bet if the insurance company refuses to approve the claim, fails to extend a fair settlement offer, or if the victim’s injuries are particularly severe.
Victims can file a personal injury lawsuit against a negligent Uber driver. In this case, the injured victim must prove that the Uber driver breached the obligation to keep him safe. The amount of recovery will be limited by what the driver can pay.
Accidents aren’t always caused by Uber drivers. Other drivers, motorcyclists, pedestrians, bicyclists, and even companies responsible for defective products can cause an accident on the road. In California, a victim can recover compensation from anyone who contributed to his injury.
Recovering compensation from Uber through a personal injury lawsuit can be problematic because the Company has fought to ensure that the drivers are independent contractors rather than employees. As drivers aren’t Uber’s employees, it is more difficult to hold Uber personally liable for drivers’ negligence.
If you or a loved one has was injured in an Uber accident, we invite you to contact our Los Angeles Uber accident lawyer at (310) 943-1171 today for a free consultation.
According to CACI 1202 product contains a manufacturing defect in case it differs from the manufacturer’s design or specifications or from other typical units of the same product line. A defect in product manufacturing is one that the manufacturer did not intend. This means that it does not matter how careful This is an example of the legal principle known as strict liability. According to the principle of strict liability, the manufacturer has to pay for any injuries if a poorly manufactured product left the manufacturer and caused harm to the consumer when used for its intended purposes due to the defect in manufacturing,
The manufacturer is responsible for warning the consumers of reasonably possible dangers inherent to a product. The manufacturer is also required to instruct consumers on how to correctly use the product to ensure safe use and avoid possible dangers. There is a statute of limitations for filing a claim in California for inadequate warnings, which is ]two years from the date on which the plaintiff was hurt.
An injured party can recover several types of damages in a successful products liability lawsuit, including:
This type of damage is intended to cover the material and financial losses related to an injury. This can include:
This damage is intended to punish the company for acting negligently regarding manufacturing, designing, or marketing a product.
The definition of abuse used under Civil Code section 1708.6 is actually defined under Penal Code section 13700. As per this Penal Code section, abuse means to intentionally or recklessly cause or attempt to cause bodily injury or place another individual in reasonable apprehension of imminent serious bodily harm o himself or another person.
Here are some examples of domestic violence:
Depending on the severity of any injuries and the defendant's criminal history, varying penalties may be imposed for convictions under California's domestic violence laws. Even for a first misdemeanor, several counties demand a minimum sentence of 30 days in jail. Additionally, they frequently stipulate that the defendant complete a 52-week domestic abusers course. Moreover, domestic violence conviction in California will remain on your lifelong criminal record. As a result, it could be challenging to obtain employment, pass a background check for any state professional certification, or qualify for other benefits.
The defendant, who is the person causing abuse to the plaintiff, may be liable for both compensatory as well as punitive damages. Additionally, the defendant may also be held to pay reasonable attorney’s fees.
Compensatory damages are money that is awarded to the plaintiff as a result of the loss plaintiff has suffered due to the negligent or unlawful conduct of another individual.
Punitive damages are money awarded to the plaintiff in addition to compensatory damages. Punitive damages are awarded as a form of punishment to those who engage in bad behavior. Additionally, it serves as an example to discourage others, as well as the defendant, from acting similarly in the future.
According to California Civil Code § 1708.6, the statute of limitations for civil domestic abuse cases is three years from the time the last abusive conduct occurred. If the abuse is still occurring, the plaintiff may be compensated for all earlier abuse committed by the same defendant.
If you or someone you know is facing a violation under Civil Code section 1708.6, contact our experienced attorneys at (31)943-1171 for a consultation.
It is possible to obtain a license if you are under the age of 21. However, there are some additional steps that must be taken to do so. Applicants aged 18-20 are required to get the Certificate of Completion of Motorcycle Training and must hold an instructional permit for at least 6 months. Applicants aged 15 ½ to 17 must additionally provide proof of completion of a driver's education course.
As specified in CVC section 12500 (b), operating a motorcycle without a valid license is a crime. The statute classifies the crime as a misdemeanor offense, meaning that upon conviction, you could face:
Uber Driver’s Policy: A driver who drives for Uber is required to carry his own car insurance, which usually covers injuries of passengers as a result of the accident. The insurance requirement is imposed by California law and affects any person who has and operates a motor vehicle, regardless of whether he drives for companies like Lyft or Uber. Though, it’s important to know that the driver’s insurer can deny the claim in case the driver was engaged in commercial activity at the time of the accident. The amount of money a passenger can recover is limited to the driver’s policy maximum. In California, most drivers usually purchase minimum coverage, which may not be enough to cover the full extent of the injuries. Third-Party Policy: In case a negligent third party is responsible for causing an accident, the passenger can file a claim with that driver’s personal insurance company. Uber Insurance Policy: Uber carries its own insurance policy in case the drivers are involved in an accident and insures its drivers with a $1 million policy. The coverage which applies is based on the driver’s activity at the time the accident happened. Under this insurance policy, Uber is responsible for all damages up to the difference between the at-fault driver’s policy limit and Uber’s $1 million policy limit. Particularly in case, an at-fault driver’s insurance policy covers $30,000 in damages, Uber is liable for a maximum of $970,000 if such a payout is required. An Uber driver is carrying a passenger This is the case when the $1 million policy can kick in. In case the Uber driver is carrying a passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a pedestrian or cyclist, the third party was covered by Uber’s insurance policy when the driver was carrying a passenger. Though, if Uber denies coverage, the Uber passenger and driver and can still be denied by the driver’s personal insurance policy since the driver was driving for pay when the accident happened.
Actually, Uber’s insurance policy is dedicated to helping avoid paying out as many claims as possible. It is common for accident claims to be denied by Uber’s carrier. As mentioned above, drivers are not considered Uber employees, and this makes it more difficult for passengers to get compensation in case the driver was driving recklessly or was drunk and distracted. Victims can respond to a denial by suing Uber directly or can seek payment from the driver’s personal insurance company. Suing the driver directly can limit the number of damages that can be received. Are you in need of assistance with resolving your case? A Los Angeles uber accident lawyer from KAASS LAW can provide you with all the legal help you require! Don't hesitate to let a trained professional help you out!