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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.
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.
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.
Section 262 emphasizes the importance of ministerial officers in ensuring the smooth and fair operation of the legal process. While their role is largely administrative, it is crucial for maintaining the integrity and efficiency of the court system. By understanding the key responsibilities and ethical standards outlined in Section 262, those involved in the legal process can better appreciate it. At KAASS LAW, we recognize the importance of clear legal procedures and effective administration. If you have questions about the responsibilities of ministerial officers, our team of experienced attorneys is here to assist you.
Ministerial officers serve an important role in everyday operations in the court system. They are responsible for a variety of tasks, including, but not limited to:
In most legal systems, the tasks of ministerial officers are clearly there to prevent overlap with those of judicial officers. While a judge makes decisions about the merits of a case, a ministerial officer's role is handling tasks such as:
In California, a "wrongful death claim" occurs when one person dies as a result of another person or entity's wrongful act or negligence. A wrongful death statement is a civil lawsuit. It is brought directly to court by the survivors of the deceased, or by the personal representative of the estate of the deceased, and fault is expressed solely in terms of money damages that the court orders the defendant to pay to the survivors of the deceased (if the lawsuit is successful). A "wrongful death" Law in California allows families to claim damage when a loved one died as a result of the negligence of someone. The rule was set out in Code of Civil Procedure Section 377.60 of California. A wrongful death is equivalent to a cause of action under California law for “loss of consortium”. Consortium loss occurs to cases where a spouse or licensed domestic partner is robbed of a living partner's companionship and confidentiality due to the misconduct of someone. Under Section 377.30 of Code of Civil Procedure of California, a lawsuit is often paired with a California “survival” cause of action. In behalf of the victim's property, preservation grounds of conduct are to compensate for the losses suffered by the victim from the wrongdoing.
This is an overview of the elements of a Superior Court and steps of Civil Actions. But every case is going to vary.
The claimant prepares a claim report containing a clear description of the material facts on which the plaintiff relies. The court is issuing the claim statement. The claimant serves the claim statement on all defendants and files with the court an affidavit of service. If the defendant fails to defend the action, this service affidavit is necessary to obtain the default judgment from the claimant.
The defendant prepares and delivers a defensive claim on the claimant. Together, with evidence of delivery, files a copy with the court. The defendant may make a counter-claim against the claimant, cross-claim against a co-defendant, or make a claim against a non-party against a third party. Where a defendant fails to deliver a defense statement within the prescribed time, depending on the type of claim, the default judgment may obtain by the court registrar or a judge.
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!
Despite their non-judicial role, they still hold high standards of conduct and must act in accordance with the law. The responsibilities outlined in Section 262 require these officers to maintain impartiality and diligence in carrying out their duties. Any errors or negligence can significantly impact the outcome of a case, and there may be legal consequences for failing to adhere to the established procedures. Ethically, ministerial officers are expected to exercise caution in the performance of their duties, ensuring that they do not overstep their authority or engage in actions that could be perceived as biased or unfair. The integrity of the judicial process depends on these officers performing their duties with accuracy, professionalism, and respect for the legal system According to Code of Civil Procedure of California (hereinafter: CCP) Section 262 of Title 4 “Ministerial officers of Courts of Justice” of Chapter 1 “Of Ministerial Officers Generally”: The guidance or jurisdiction of a party or its lawyer to a sheriff in connection with the execution or return of the proceedings or any relevant act or omission shall not be available to discharge or relieve the sheriff from any responsibility for negligence or wrongdoing, unless the party's counsel, including the signature and name of the attorney, provides written instructions The instructions may be transmitted electronically pursuant to Chapter 2 (starting with Section 263 of CCP) subject to subdivision (c) of Section 263 of CCP.
Someone in the county or a judge can execute the proceedings or order of appointing an elisor, in the following:
If there is any evidence of the officers being bias, prejudice, or unfit to act impartially. The judge can intervene the proceeding. Contact KAASS LAW for any further assistance and or legal representation. If anyway you believe there is some type of foul play, or any form of misconduct, reach us right away!
Section 377.60 of Code of Civil Procedure of California requires the following family members (or their representatives) to bring a case against the deceased:
In this claim in California, a number of different varieties of personal injury damages are available. The particular amounts involved will depend on an individual case's facts. Compensation is usually split according to whether it compensates the property for death-related losses or the surviving family members for the death-related personal losses. Losses typically attributed to the property include:
Losses usually attributed to surviving family members include:
The limits statute for both wrongful death and recovery proceedings in California is two years. In an unjust death case, on the date of death, the two years "accrues" (starts running). The family has two years to sue for recovery acts from the later: the date of an accident, or six months after death.
[video width="1280" height="720" mp4="https://kaass.com/wp-content/uploads/2019/12/output_HD7205-2.mp4"][/video] Do you feel like your friend or family member has passed away due to a wrongful death? Please feel free to get in touch with our attorneys at KAASS Law.
If the parties wish to obtain evidence through the discovery process, they must agree on a discovery plan. The parties expect to provide an affidavit to all other parties listing all relevant documents in the authority, possession or control of the party. At the request of a party, copies of the documents must be available. A party can serve on an opponent a notice of examination suggesting a time and place where the party needs to answer questions under oath. The exam records and transcribes upon request. Typically, for research, only parties can investigate. The maximum time period for discovery to investigate by each group is 7 hours.
By serving and/ or filing the record of the court, each party can set the case for jury. A record of the trial includes the copy of all trial pleadings and orders. The registrar puts the action on the trial register, or a judge in the assignment court will set trial dates at some sites.
The parties have to attend the pre-trial meeting to try to settle the dispute or to clarify the issues before a judge or court officer. The parties must arrange a pre-trial date and time with the registrar within 180 days of a case being scheduled for trial, which is appropriate to all parties. Whether the parties can not schedule a pre-trial within 180 days of the trial schedule, a pre-trial date will be scheduled by the registrar.
The defendant and the claimant make opening remarks. The witnesses of the claimant will examine and cross-examine. The witnesses of the accused will examine and cross-examine. Closing arguments will be from the claimant and defendant. After both the sides have finished presenting the cases, a judge may give judgment in court. Though, sometimes the judge may not give the judgment immediately. However, he or she will give the judgment later (this is called the judgment reserving). For any further assistance and or seeking legal representation, contact KAASS LAW today!