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.
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. If the defendant successfully completes the terms of probation, the court dismisses the charges. However, the defendant may need to plead guilty to the alleged crime.
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant must fulfill all obligations during their probationary period. If the defendant fulfills their obligations, the court will dismiss the case.
Formal diversion is an option for non-violent misdemeanor crimes such as petty theft, trespassing, or disorderly conduct. Typically, formal diversion is available if the following are present:
For those who hold a professional license, this is where it gets tricky. Essentially, formal diversion may affect an individual who holds a professional license. Depending on the nature of the professional license and crime(s) involved, pleading to a criminal offense is enough to trigger disciplinary action against the professional. For purposes of a professional license, it is better to be convicted of another misdemeanor offense that does not trigger disciplinary action taken by the professional board. For example, pleading to an accessory after the fact rather than to a crime involving moral turpitude.
Doctors, lawyers, nurses, or therapist are just some examples of occupations that have professional licenses. These professions require individuals to take and pass state-approved tests before they can practice in California.
One of the key differences between formal and informal diversion is the effect on criminal records and professional licenses. In a formal diversion, the defendant will most likely enter a guilty plea. However, if he or she successfully completes all the conditions of probation, the criminal case may be dismissed. However, this outcome may still affect his or her future employment opportunities. Especially if licensed professions are involved. In an informal diversion, the defendant pleads not guilty and the case continues on probation. This provides more opportunity for a defense if all conditions of the program are not met.
In California, formal diversion is often offered for offenses that:
For example, charges of petty theft or trespassing on private property may be grounds for formal diversion. If the defendant has not been previously convicted of similar offenses. Formal diversion can also be used in cases where the defendant pleads guilty as part of an agreement with the prosecutor. This can avoid more serious consequences, such as jail time.
Informal challenges are a more favorable option for defendants seeking to avoid a trial. For example, for individuals in licensed professions such as:
Informal recusal may be a better option because it avoids the impact of the charges on their professional reputation. Informal refusal is not an admission of guilt and does not result in a formal criminal record. It has less impact on future employment and the ability to practice a licensed profession.
For people working in fields that require a professional license, it is important to consider how a formal or informal revocation may affect their career. It is important to realize that a formal revocation, even if it results in a dismissal of charges, can leave a trail in court documents. This trail will be available to future employers and regulators. An informal dismissal usually does not result in a criminal record, which makes it preferable. It avoids further disciplinary action by professional organizations.
In order to successfully complete a diversion program, it is important to carefully follow all of the conditions set forth by the court. This may include:
If you don’t meet these conditions, the court may revoke the diversion program and return the case to trial.
If you or someone you know has been charged with a crime and has a professional license, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a consultation. Our attorneys will provide you with legal assistance your case requires.
Often times, a collapse of a balcony or deck can lead to serious injuries or even death. An injured party may file a claim or lawsuit to seek compensation for damages sustained.
Under the premises liability law of California, the owner of the property should exercise reasonable care of the property. A defendant can prove that he/she exercised reasonable care by showing her or she did the following:
Generally, landlords will be held liable in the event the rented property has an unsafe deck or balcony which resulted in an injury. Liability attaches on a landlord because the landlord has an obligation to timely inspect, correct the defects, and warn the tenants regarding possible dangers.
Buses are common carriers because they are in the business of transporting people or property for a fee. However, there are other factors used to determine if in fact the entity is a common carrier. These factors include the following:
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of common carrier responsibilities include:
Several United States Senators, including Bernie Sanders and Elizabeth Warren, have proposed a bill, called the Sensible Taxation and Equity Promoted (STEP) Act.
STEP Act would allow individuals to exclude up to $1 million in unrealized capital gains from tax, which are the potential profits from an asset, as well as to pay the tax in installments over a 15-year period for capital gains that apply to any illiquid asset like a farm or business. See below for more details on how illiquid assets affect the process.
To better understand how the STEP Act works, here is an example: if someone dies holding $7 million in property for which they paid $4 million for, they would only pay taxes on $1 million of that $2 million gain. Additionally, if someone dies holding $3 million in property assets for which they paid $2 million for, none of that $1 million gain would be taxable.
Currently, it seems that assets held in a retirement account would not be subject to capital gain taxes under this Act.
A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example is Uber or Lyft services.
A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead.
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of responsibilities include:
According to the Corporation Code of California, the types of corporate structure within Californian jurisdiction are divided into two broad categories:
The persons who have formed partnerships are known as partners, while shareholders are persons who own one of the shares of a corporation. Therefore, the differences arising among the partners/shareholders within partnership/corporation are referred to as partnership and shareholder disputes.
When the business involves two or more people, sooner or later the disagreements between them become inevitable. Partners/shareholders usually succeed in ironing out the differences based on mutual understanding given the common business interest. Unlike it, sometimes disagreements have deep roots full of possible grave consequences for the business. Such disagreements may refer to many different circumstances in connection with the collision of business interests, opposite ideas, breaches, etc.
The practice shows that more frequently the factors described below do cause or at least contribute to such disputes:
California Vehicle Code does not have any limitations with regards to the age of drivers, that's why it is easy to notice both young and old drivers on roads. However, senior-aged drivers can have more problems while driving and can cause more car accidents. The reasons for the above mentioned are very simple-the physical conditions of the elderly drivers do not let to drive more carefully. For example, a driver of a senior age can suffer from problems with eyesight, thus can fail to notice any marks and signs on the roads. Not hearing the traffic can also become a problem and lead to car accidents.
California law requires drivers that are 70 years or older to renew their drivers license.
As mentioned above, you must complete the driving license renewal process in person to allow the DMV to evaluate your condition before deciding. The DMV may require the elderly driver to undergo a medical evaluation to assess their physical and mental condition. The medical evaluation shall include:
It is a common issue both for ordinary citizens and public figures, as well as companies to suffer harm to their reputation. California law allows them to sue for compensation of such damages. The law classifies the damages to reputation into several groups, which include:
Defamation is the spread of false statements, which is done to cause damage to one's reputation. Slander is the disclosure of such statements verbally and libel is such disclosure, which is done in writing.
The elements a plaintiff must establish to successfully sue a third party for defamation are the following:
Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.
Manufacturing defects are related to such issues, which, arising during production, make the tire differ from particular specifications.
Design defects are considered to be in place if the tire doesn't perform as safely as it can be expected by an ordinary customer and place risk of danger on the latter.
In the case of the manufacturer, the designer does not provide instructions, safety warnings to the use of the tires and lead them to cause damages, it is considered that the tire had a warning defect.
When police officers pull a driver over for suspicion of drunk driving, the breathalyzer is one of the most common tools used to determine whether the driver was in fact driving under the influence. A driver must blow into the breathalyzer test, which then determines the driver's blood alcohol content. Unfortunately, using a breathalyzer may result in false positives due to a number of factors that can throw the machine off. Below are some of the more common factors.
Your metabolism rate can also adversely affect a breathalyzer reading. For example, if your metabolism is slow, then your body may take longer to absorb the alcohol, and the breathalyzer reading may appear to be higher than the actual amount of alcohol in your blood stream.
The breathalyzer is made to detect alcohol in the mouth. Unfortunately, the machine cannot distinguish when the driver consumed the alcohol. Thus, traces of alcohol in the mouth, absorbed from food in between the teeth or even mouthwash may show a higher reading of blood alcohol content.
It is important to understand that there are strict rules regarding the use of a breathalyzer by law enforcement officers. Failure to follow these rules may be grounds for excluding the test results from evidence in court. For example, a police officer must observe a suspect for at least 15 minutes before administering the test. During this time, the driver may not:
The contractors/builders' liability generally attaches if the deck or balcony was not constructed in a manner required under regulations and existing standards. If you are injured on the property belong to a third party, you can sue the:
Particularly, to sue the defendant for the injuries sustained due to a balcony or deck collapse, the injured party must prove that:
As mentioned, sometimes the party, who is liable, is the building contractor. The liability of the building contractor is hard to prove but it is still possible by engaging professional experts in your case by bringing expert reports or using their statements as evidence.
In order the prove that the property owner knew or should have know about the defective condition of the balcony or deck, the plaintiff can provide evidence showing the negligence of the property owner in the following ways:
A plaintiff may seek compensation arising out of a injury sustained due a collapse of a balcony or deck. Examples of such compensation may include the following:
In the event a death occurred due to a balcony or deck collapse, a party may file a lawsuit to seek compensation for a family member by filing a wrongful death lawsuit.
If you or a loved one has been injured in a balcony or deck collapse, we invite you to contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and advise you on what to expect and how you can proceed.
Yes, a bus driver may be held liable should they fail to observe local laws. The idea here is that when an individual becomes a passenger in a bus, the passenger is essentially putting themselves under the bus driver’s control. Thus, a bus driver has a responsibility to provide the highest degree of care and safety to its passengers regardless if riding for a short or long trip.
In order to successfully prove liability of a bus driver in California, you must prove that negligence occurred. Proving negligence of a common carrier usually means showing that the bus driver violated the law. Additionally, negligence can be shown should the driver fail to act reasonable in using care and diligence expected of a cautious bus operator.
Bus accidents may cause severe and long-term injuries as well as cause other damages that may impact ones life. If you or someone you know has been injured in a bus accident, contact our Los Angeles bus accident lawyer at (310) 943-1171 for a free consutlation. Our personal injury attorneys can provide you with any sort of legal assistance you require.
Currently, it seems that gifts and bequests would be exempt from the capital gain taxes under this Act.
During an individual’s lifetime, any completed transfer to a trust or to any individual other than a spouse will allow for the first $100,000 of cumulative gain to be tax free. However, any excess will be subject to a transfer tax after the first $100,000. Second, this Act will eliminate the ability to use trusts to transfer property or sell other assets. Non-grantor trusts, which is a trust where the grantor retains certain powers over the trust, would have to report gain on all of their appreciated assets every 21 years. Third, this Act would require trusts more than $1 million of assets or more than $20,000 of gross income to provide additional information to the IRS, including a balance sheet, income statement, and list all trustees, grantors, and beneficiaries.
Items transferred to a spouses, charitable trusts, qualified disability trusts, charity, and cemetery trusts are exempt from the tax.
Illiquid property is property that is not easily sold. Common examples of illiquid property include businesses and farms. For STEP Act purposes, the law will affect transfers of illiquid property. Thus, property owners can pay the tax over a 15-year period. It would be interest only for up to 5 years and then 10 equal payments for the remaining 10 years. However, selling the property would require payment in full. KAASS LAW guides you through the STEP Act with expert legal advice tailored to your needs.
A particular focus of the STEP Act is the impact on illiquid assets such as:
Owners of such assets will be able to spread their capital gains tax liability over 15 years. This is a relief to those who own such businesses where the value of the assets may make it difficult to sell. This will allow owners of farms or businesses to avoid immediate tax consequences. Instead, they will be able to pay taxes gradually. This allows them to continue to operate their business or farm without serious financial hardship. However, when the asset is sold, the tax is paid in full. This also helps owners avoid asset sales that could result in the loss of the asset.
The STEP Act will provide owners with significant tax relief in the event of the death of the asset owner. It allows assets to pass without paying capital gains tax if they are worth less than $1 million. This innovation will be an important step in preserving family businesses and farms. It will allow for long-term succession planning without significant financial loss. It is important to note, however, that the transition to a 15-year capital gains tax system may present certain risks. If market conditions change or the owner's financial situation deteriorates, meeting tax obligations may become problematic. It is also important that asset owners properly plan and document all their transactions. This will help avoid potential legal exposure.
The STEP Act limits the use of trusts and other wealth transfer instruments. This may make it difficult to transfer assets between families or between businesses. It is important to consult with professional legal counsel to avoid tax liability issues.
To learn more about how the STEP Act may affect your tax situation, contact KAASS LAW. Our experienced attorneys can help you understand how the new laws may affect your assets and assist you in developing an effective tax planning strategy.
A common carrier can hold responsibility for injuries a passenger sustains. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver’s control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.
To establish common carrier liability, the injured party must prove these key elements:
For example, if an Uber driver ran a red light and caused an accident, this could be direct evidence of a breach of the duty of care.
There are times, however, when a common carrier may not be liable. For example:
However, even if the passenger is partially at fault, California has a comparative negligence rule. This means that the court may apportion some of the fault between the parties.
Passengers injured as a result of a common carrier's negligence may be able to recover for:
In some cases, punitive damages may be available if it can be shown that the transportation company intentionally disregarded safety.
These companies may be held liable in certain situations. For example:
As you can see, Uber and Lyft are not only required to vet their drivers, but also to ensure that their services are functioning properly. Failure to comply with these requirements could result in legal liability for the companies, in addition to the drivers themselves.
It is important to remember that California has strict statutes of limitations for personal injury lawsuits:
Failure to seek legal counsel in a timely manner may result in the loss of your right to compensation. That is why it is important to contact an experienced attorney immediately after the incident.
If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at (310) 943-1171. Our attorneys can provide you with any sort of legal assistance you require.
If you have been injured while riding with Uber, Lyft, or another transportation company, seek help immediately. The attorneys at KAASS LAW are experienced in transportation negligence cases and are ready to stand up for your rights. We can help you get fair compensation and guide you through every step of the legal process. https://www.youtube.com/watch?v=kyD1x6BCMWs
In some cases, there are laws aimed at resolving shareholder disputes within the legal procedure. For instance, in the process of voluntary dissolution of a corporation, the minority shareholder’s rights may be violated while distributing corporation assets to the shareholders entitled thereto, so they may fight it by the legal tools vested by the Corporation Code of California. In particular, according to the latter, upon the petition of shareholders who hold shares representing 5 percent the court may take jurisdiction over the voluntary winding-up proceeding if that appears necessary for the protection of any parties. The court, if it assumes jurisdiction, may make such orders as to any matters concerning the winding up of the affairs of the corporation and for the protection of its shareholders. In short, the shareholder dispute described above could be resolved by the interference of a court for the protection of the shareholder rights.
There is a range of methods to resolve such disputes. Among others, they may include:
We believe that the most effective and practical way would be entrusting an attorney to reach a settlement in conditions best for your interests.
If you need legal assistance when you find settling such disputes is beyond your powers, 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.
The following medical conditions can be a reason to suspend your driving license:
The DMV also considers the medications elderly people use to treat illnesses, as their side effects can cause drowsiness and dizziness, impairing driving.
The common sources which DMV has to assess driving conditions of the elderly person can be:
In the event there are threatening physical or mental conditions, the DMV can ask you to submit a DMV driver medical evaluation regarding your medical history with your doctor. Another option is to ask for re-examination (including a driving performance test).
Pursuant to California Vehicle Code 14100, you can challenge the revocation at DMV administrative hearings. The period for such a request is 10 days after receiving the notice of revocation. If the hearing result is unsatisfactory and the license does not renew, the next step involves the department reviewing the case. The period for submitting for this review is 15 days after receiving the decision. In any case, you have the right to challenge the decision in court if neither the 14100 hearing nor the department review gives any result. The period is:
There are a number of steps older drivers can take to keep their license. First and foremost:
This will allow you to monitor your health and identify potential problems early. Older drivers are also advised to have their vision checked in a timely manner. Be sure to wear corrective lenses if necessary. In addition, it is important to avoid taking medications while driving that cause:
To successfully pass a DMV recertification, a driver should prepare in advance. You can take additional training at a driving school or take a few lessons with an instructor. It's also a good idea to study the current rules of the road and take practice tests.
In some cases, the DMV may impose restricted driving conditions instead of suspending a driver's license altogether. For example, a driver may only be allowed to drive during daylight hours. Such restrictions allow you to maintain your mobility while minimizing the risk to public safety. Contact KAASS LAW for advice and representation.
Experienced and professional legal assistance can help you to challenge the DMV decisions and renew your license-restoring your right of driving. We invite you to contact KAASS LAW at (310) 943-1171 for a free consultation on your case and further assistance.
Under California law defamation is "per se" is statements that are damaging on its face without the need of further explanations. An example of defamation per se includes for instance a false accusation that someone committed a crime or is unfit to practice in their particular profession. In case defamation is "per quod", the victim shall prove that the spread of a false statement causes damages. Examples of such damages can include lost profits, employment, negative consequences, a decrease of customers for a business, etc.
Under California law, public disclosure of private facts is a form of invasion of privacy. To get compensation for damages, the plaintiff must prove the following:
An example of public disclosure of private facts include publishing statements of your best friend's diagnosis or some intimate content to public media without his/her consent. The court decides the existence of a "private act" on a case-by-case basis, based on what an ordinary person considers private and offensive if disclosed. Physical persons have the right to sue for such kind of harm in one year from the date of disclosure.
Business disparagement refers to:
For example, a supermarket publishes information in a public newspaper that its competitor’s products do not comply with the applicable governmental standards.
A corporation has 2 years to file an action for compensation of disparagement after the statements' publishing and dissemination. The plaintiff shall prove the existence of the following elements to seek compensation of damages:
The dissemination of such statements can be conducted both orally and in writing. You can prove the loss of income in business disparagement by showing invoices, tax returns, and bank account statements of the company. For harm to reputation victims mostly recover such damages as:
California law provides victims of defamation not only the right to recover damages, but also other remedies. In addition to economic damages, plaintiffs may seek compensation for emotional distress. This includes:
In some cases, punitive damages may be awarded. These are awarded to punish the guilty party and to deter similar actions in the future. However, in order for the court to grant such a claim, the plaintiff must prove malice on the part of the defendant. In addition to monetary damages, the court may award injunctive relief. This means that the defendant must stop spreading false information. It is important to note that defamation is especially important in the digital media age. Lies posted on the Internet can spread quickly and cause significant damage. Therefore, if such publications are identified, it is important to contact a qualified attorney immediately.
If your or a loved one's believe that you have suffered defamation by a third party we invite you to contact our Los Angeles Personal Injury attorneys at KAASS LAW (310) 943-1171 for a free consultation.
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:
You shall also prove that you used the tire in a foreseeable manner and the defects occurred before your use of the vehicle. Expert's opinion shall also assist you with this evidence.
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:
Other common losses
Compensation in a defective tire lawsuit can include the following:
The defendant can bring different arguments supporting his position, such as that the tires were affected not by his fault but by your negligent use. For this reason, it is essential to receive professional assistance and consult an experienced attorney.
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Violation of this requirement may result in erroneous results as residual alcohol may distort the readings. In addition, the officer must be certified to use the device. And the device itself must be registered and tested for proper functioning. Otherwise, the defense attorney may question the validity of the data obtained.
In the event of a dispute over the accuracy of a breathalyzer reading, a second chemical blood test is available. This method is considered more accurate and can reveal discrepancies between the reading and the actual blood alcohol content. If the blood test shows a lower alcohol level, it can be used in court in the defendant's favor. An attorney may also request access to the maintenance records of a particular instrument. If you don’t calibrate the instrument on time, the court may rule the evidence inadmissible.
Although California adheres to the principle of implied consent to take a breathalyzer test, a driver has the right to refuse to take the test. However, doing so may result in administrative consequences. Including automatic license suspension for up to one year. At the same time, refusal can be used as an argument against the driver in court, although it is not direct evidence of guilt. If you suspect that the breathalyzer was defective, the presence of a refusal does not deprive you of the right to defend yourself. A qualified attorney will be able to present arguments on your behalf and minimize possible risks.
You should also consider whether your rights were respected during the stop. If the police did not have a reasonable basis for the stop, any evidence subsequently obtained may be considered inadmissible. For example, the lack of evidence of a traffic violation may be grounds to challenge the legality of the police action.
Certain health issues of a driver may throw a breathalyzer test off and show a false high blood alcohol content. For example, a driver with diabetes experiencing hyperglycemia, or high blood sugar, may trigger a false high blood alcohol content on the breathalyzer.
Authorities must properly maintain the breathalyzer to produce accurate results. This means that authorities must constantly recalibrate breathalyzers. Thus, should a police officer fail to calibrate the machine, false high blood alcohol content may result.
If the police accused you of driving under the influence based on a breathalyzer reading, don’t give up. There are numerous circumstances that can affect the validity of the test results and the course of a criminal case. The attorneys at KAASS LAW can help you analyze the legality of the test. call (310) 341-711 for a consultation. Our DUI attorneys will help determine your case and whether you have any feasible defenses.