Employee injuries are unfortunately common in workplaces across California. Whether it's a slip on a wet floor, a fall from scaffolding, or an injury caused by malfunctioning equipment, these incidents can leave workers dealing with physical pain, emotional stress, and financial uncertainty. Understanding your legal rights after an employee injury is critical to protecting your health, your income, and your future.
At KAASS LAW, our experienced attorneys help injured workers explore their legal options and pursue the compensation they deserve. If you’ve been hurt at work, don’t wait—knowing what steps to take can make all the difference.
The most important action you can take after any workplace injury is to report it immediately to your supervisor or manager. Even if the injury seems minor at first, symptoms can develop or worsen over time. By reporting right away, you start a paper trail that can support a future claim.
After notifying your employer, seek medical attention. Depending on the severity of your injury, you may need emergency care or a follow-up appointment. Make sure to keep records of all medical visits, diagnoses, prescriptions, and treatments.
In our work with injured workers throughout Los Angeles and beyond, we've seen a wide variety of incidents leading to injury claims. Some of the most common include:
Whether you work in an office, warehouse, or on a film set, your employer is responsible for maintaining a safe working environment.
California law generally requires employers to carry workers’ compensation insurance, which provides coverage for medical expenses and partial wage replacement. However, there are limitations. Workers' compensation typically doesn’t cover non-economic damages like pain and suffering or emotional distress.
That’s where third-party claims come in. If someone other than your employer—such as a subcontractor, property owner, or equipment manufacturer—played a role in your injury, you may be able to file a personal injury lawsuit in addition to your workers' comp claim.
Learn more about your options in our guide to third-party work injury claims in California.
To build a strong legal claim, you must prove that another party was negligent and that their actions (or failure to act) directly led to your injury. Common examples include:
Collecting evidence is key. This may include photos from the scene, eyewitness statements, accident reports, surveillance footage, and your medical records. An attorney can help gather and preserve this evidence while you focus on recovery.
Navigating the legal process after a workplace injury can be overwhelming, especially when you’re already dealing with physical recovery and medical bills. At KAASS LAW, our Glendale personal injury attorneys understand how to handle complex employee injury cases, including those involving multiple liable parties.
Our legal team can help you:
If you have questions about your legal rights, don't hesitate to contact our team for a free consultation.
While both workers’ compensation and personal injury lawsuits provide financial relief, they differ in several important ways:
AspectWorkers' CompPersonal Injury Lawsuit
Fault Required?
No
Yes – must prove negligence
Types of Compensation
Medical bills, partial wages
Medical, lost wages, pain & suffering
Suing Employer?
Not allowed in most cases
May sue a third party (not the employer)
Timeline for Filing
Within 30 days of injury (notify employer)
Within 2 years of the incident
Knowing which path is appropriate can save you time and help maximize your compensation.
For more general information about workplace safety standards and employee rights, you can visit the Occupational Safety and Health Administration (OSHA) website.
Every injury case is unique, and acting quickly can be crucial. Waiting too long to report your injury or explore your legal options could impact your ability to file a claim. Our attorneys at KAASS LAW are here to provide the legal guidance you need.
We’ve helped numerous employees in California obtain compensation beyond what workers’ compensation offers, especially in cases involving third-party negligence.
If you or someone you love has suffered an employee injury, contact our office today at 310.943.1171 or visit our page on California workplace injury claims for more information.
When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
Fraudulent acts are committed by a relative or caregiver of a property owner. In many cases, they involve family disputes. There have been reports of children stealing their parents' property, people attempting to co-opt inheritances from their siblings, and people attempting to defraud their spouses. To transfer ownership, the scammers create fake documents, including fraudulent or incorrect notarizations. Unlike in many other parts of the country, California's laws and real estate practices make it very easy to fraudulently transfer property title. When a document is recorded, it becomes part of the official title chain, and the new owner, legitimate or not, can obtain loans or even sell the property. The statute of limitations is relatively short (three years for forgery and two years for fraud) and has frequently expired by the time the victim realizes his home is no longer in his name.
Fraud transfers include signed documents that allow a creditor to seize the debtor's assets or force the debtor to pay the debt from their income. Some judgment debtors decide to hide or dispose of their assets after learning that judgment collection methods will allow the creditor to seize their assets. Debtors, for example, may transfer their assets. This could be to relatives, friends, or legal entities, simply place the assets under false names, or burden their assets with fictitious debts. Debtors may engage in such schemes, the courts and legislature have long recognized. As a result, the Uniform Fraudulent Transfer Act provides remedies for creditors who face this issue. Making a mistake during a notarization can have serious financial and legal ramifications for California Notaries, and breaking the law on purpose can result in even harsher penalties. This guide will assist Notaries in becoming acquainted with the Golden State's Notary laws and penalties for misconduct.
A minors' compromise and release hearing is required by California law if a child under the age of eighteen is injured and receives a monetary settlement from the at-fault party. This means that a guardian must be appointed by the court unless the child is legally emancipated, a judge must approve the settlement for your injured child, and the settlement funds must generally be deposited into a blocked account in any FDIC-insured bank, trust company, savings and loan associate, or similar financial institution located in the state of California, until the child is eighteen years of age. The settlement funds can also be invested in a vehicle like an insurance annuity contract (single-premium deferred annuity). Alternatively, you can have a portion of the funds deposited in a bank and a portion of the funds deposited in an investment vehicle. Please see other articles on this website for more information, or your child's injury lawyer can explain which method is best for depositing settlement funds.
According to California Probate Code Sections 2504,90 3500,91 3600,92 and California Code of Civil Procedure Section 372.93, an enforceable settlement of a can only be consummated with California court approval. The whole point of a court-supervised settlement for injured minors in California is to: Appoint a guardian to assist the minor child in monitoring his or her settlement funds.
A rollover accident is when a vehicle's momentum causes it to turn over. Rollovers can result in catastrophic injuries that can be life-threatening. Rollovers are more likely to happen during the winter months because of low tire pressure, black ice, and wet roads. Nobody expects their automobile to flip, and there are few things to be aware of if it does.
While any vehicle can roll over, vehicles with a high center of gravity, such as SUVs, pickup trucks, and vans, are far more likely to do so. The majority of rollovers are "tripped" rollovers, which occur when the vehicle is destabilized by an external force. A vehicle can be tripped in a variety of ways, including:
In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.
California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state.” At the end of a divorce, community property is generally split 50/50.
In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.
In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".
Oftentimes, when we think of the relationship between an attorney and their client, we simply assume that there are little to no complications as the relationship ought to be fairly straightforward. It is a professional relationship that confers with it a certain amount of trust and loyalty.
In other words, the client and the lawyer have entered into an understanding in which they have agreed to work together for a particular dispute, issue, or case.
As a result of this agreement, whatever is in the client’s best interest becomes the lawyer’s objective responsibility to determine, advise, and inform throughout the entirety of their client-lawyer relationship.
Since the client’s best interest becomes the lawyer’s responsibility, it is that lawyer’s legal duty to do everything in their power to help the client.
As such, it makes sense that a lawyer cannot have two clients at the same time whose interests are not aligned. In other words, there cannot be a conflict of interest between the clients that the lawyer represents, otherwise there may be a high chance that the lawyer will not be able to fulfill their loyalties and legal duties to those clients.
One of the most frequently-charged drug crimes is possession of a controlled substance, under California Health and Safety Code 11350 Possession of a Controlled Substance. It is prohibited possessing certain controlled substances without a valid prescription. Controlled substance is a chemical or a drug whose possession, manufacture, and use are regulated by the United States "Controlled Substances Act".
Unlike Health and safety code 11365 which governs unlawful use of controlled substance, In order to being convicted of Health and Safety Code Section 11350 Possession of a Controlled Substance, the following elements must be established:
All of the apps and online services you use track, collect and distribute your usage patterns and demographic information. However, some companies put much more emphasis on protecting the data of their consumers, whereas others go out of their way to collect and analyze as much of their users’ data as they can. The ever-increasing gap between companies’ ethos and philosophy toward user privacy has reached a turning point. On the one hand, you have companies like Apple that have built up a brand and a reputation for standing with their customers by protecting and encrypting their data as much as possible–at times even making that data completely inaccessible to Apple itself. Then again, on the other hand, you have companies like Google that go out of their way to gather as much data and information as possible from their users, without paying nearly as much thought as to how to contain and protect that data from breaches and hacks. As a consumer, these increasingly polarized attitudes and approaches toward the issue of privacy should definitely strike a chord, and at least raise some questions for thought.
(b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which one or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in other actions, whether or not the class has been certified.
(c) No temporary restraining order shall be granted without notice to the opposing party, unless both of the following requirements are satisfied:
(1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will result to the applicant before the matter can be heard on notice.
(2) The applicant or the applicant’s attorney certifies one of the following to the court under oath:
(A) That within a reasonable time prior to the application the applicant informed the opposing party or the opposing party’s attorney at what time and where the application would be made.
(B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing party’s attorney, specifying the efforts made to contact them.
In a case involving an auto accident, disregarding certain driving regulations can serve as proof of negligence. The finding of negligence may significantly impact the assessment of responsibility for the incident. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than that of the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules, such as comparative negligence, may reduce or eliminate their compensation.
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact were striking at high speeds, it is possible for both drivers to get injuries. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss. Those in parking spaces must yield to those in the main lanes, meaning the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident, though, by acting inappropriately. In parking lots, there is a standard regulation for the speed restriction. This aims to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way. Parking lots can be especially dangerous for children and pedestrians. According to the National Highway Traffic Safety Administration, thousands of pedestrians are injured each year due to driver inattention and poor visibility in areas like parking lots.
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot is often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or a pedestrian. In order to obtain compensation from the party at fault if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.
If a Notary commits an infraction, the penalties under California law are divided into four categories:
It is critical to understand that misconduct can result in multiple penalties for a Notary. For example, if a Notary is found negligent for failing to properly complete and seal an acknowledgment on a real estate document, the Secretary of State may impose a civil penalty as well as suspend or revoke the Notary's commission. Furthermore, if the Notary's error resulted in a financial loss for the signer, the signer could sue the Notary to recover any damages incurred as a result of the faulty notarization. Intentionally violating state Notary laws ("willful misconduct") carries significantly harsher penalties than unintentional violations ("negligence").
Notary misconduct can be avoided by the following steps:
Property title fraud can have serious consequences for homeowners in California. To prevent fraud, regularly review your property records and monitor any changes in your title. Be cautious of suspicious activities, like receiving unfamiliar loan offers or unexpected legal notices. If you suspect fraud, act quickly by contacting your title company and a real estate attorney. The sooner you identify fraudulent transfers, the better your chances of stopping further damage. Keeping track of any changes and maintaining clear communication with your legal team can help protect your assets from fraudulent transfers.
If you discover that someone has fraudulently transferred your property title, take immediate action. Start by contacting the county recorder's office to verify the transfer and obtain copies of all relevant documents. Notify your mortgage lender and any financial institutions involved to prevent further unauthorized transactions. Next, file a fraud report with local law enforcement and seek the guidance of an attorney specializing in real estate fraud. Legal remedies may include reversing the fraudulent transfer, recovering assets, and holding the responsible parties accountable. Be proactive in protecting your property to minimize further harm.
Notarization plays a vital role in ensuring the authenticity and legality of real estate documents. Proper notarization prevents fraudulent activity by verifying the identity of the signer and confirming that they willingly entered into the agreement. Ensure that the notary follows all California laws, including the proper completion of notarial certificates and maintaining accurate records. Inaccurate or improper notarization can lead to costly legal disputes or even title fraud. Always choose a reputable notary and ensure they comply with all requirements to avoid the consequences of fraud or misconduct in your transactions.
If you are in need of an attorney, feel free to give our office a call at 310.943.1171.
In California, the court process is the best way to approve and monitor a bodily injury settlement for a minor. After the court approved their child’s injury settlement and deposited the funds into a bank account, parents approached me to petition the judge for an early release of part of the funds that didn’t directly benefit the minor. Some parents forget that California’s court process exists to protect the child’s interests because the settlement funds belong to the child. Courts will allow an early release of funds, but they closely scrutinize such requests and require that the money benefit the minor directly.
Courts supervise minor settlements in California to ensure that children receive full protection under the law. Judges appoint guardians, evaluate the fairness of settlement terms, and oversee fund distribution. This process ensures that parents, insurance companies, or other parties do not misuse the minor’s funds. The courts take an active role in protecting a child’s financial interests until they turn eighteen. Without this safeguard, many minors could lose access to money that was rightfully theirs. The legal system prioritizes the child’s well-being above all else and aims to prevent financial exploitation or irresponsible use of settlement proceeds.
At a minor’s compromise hearing, the court reviews all settlement documents and hears from the guardian and attorneys involved. The judge examines the proposed settlement amount, attorney fees, and any medical liens or expenses. If the judge finds the settlement fair and in the best interest of the child, they approve it. Once approved, the funds move into a blocked account or annuity. Parents and guardians must present clear justification for any early withdrawal requests. Judges often ask questions to ensure that the settlement truly benefits the minor. They also check that the agreement complies with California Probate Code and Civil Procedure requirements.
Parents must gather key documents and understand the legal steps before attending a minor’s settlement hearing. They should consult with a personal injury attorney to file the proper paperwork, including a petition for approval and financial documentation. Courts expect parents or guardians to fully explain how they will use and safeguard the funds. Parents should also discuss blocked account options or annuity investments with financial advisors. Courts want to see responsible planning to protect the minor’s future. Preparing thoroughly not only helps ensure a smooth court process but also builds trust with the judge, increasing the likelihood of approval.
For more information on California’s court procedures for minor settlements, visit the California Courts Self-Help Center on Minor's Compromise.
If the monetary settlement is less than $5,000, California Probate Code Sections 3611(d), 94, and 340195 have routinely allowed custodial parents to manage the settlement funds directly on behalf of their minor children, avoiding the need for court approval. In fact, all of California's major insurance carriers routinely waive minors' compromise and release hearings when the settlement amount to the injured child is less than $5,000.
Judges do not require court approval for settlements under $5,000. Judges can choose to place the minor child's funds in a blocked account with court-approved withdrawals. They may also order direct payment to the custodial parent(s).
Are you looking for an attorney to help you with your case? Look no further, Kaass Law will be able to provide you great experience, knowledge and satisfaction. Fell free to call our office at 310.943.1171.
Rollover accidents are among the most dangerous types of automobile accidents. Although rollovers account for a small percentage of all passenger vehicle accidents, the consequences can be fatal. Common causes of these types of accidents include:
It's important for drivers to know how they should react if their vehicle begins to roll over so they can make sure they get out safely. Rollover accidents frequently result in partial or complete ejection of the vehicle's occupants, increasing the risk of catastrophic and fatal injuries. So, what causes rollovers? A number of these accidents happen when a driver loses control of their vehicle and it begins to slide sideways. When this happens, an object such as a curb, guardrail, or uneven ground could cause the vehicle to roll over. Rollover accidents can also occur when a driver attempts to turn the vehicle quickly. The friction between the road and the tires in such cases may cause the vehicle to tip and roll over. Rollovers involving multiple vehicles are also common. This is where one vehicle may collide with another.
A car manufacturer is frequently held liable for a rollover accident. Some vehicles are built in such a way that they are highly susceptible to rollovers. Individual vehicle components may also contribute to a rollover; for example, poor tires might make it much simpler for an impediment to create a "tripped" rollover. Furthermore, even if the rollover was not caused by the manufacturer's negligence, the injuries incurred in a rollover may be the result of the manufacturer's negligence. In the case of a rollover, a vehicle's roof should be constructed and reinforced to protect the occupants; if a manufacturer skimps on safety, the people involved could suffer far more serious injuries. Of course, the driver of the rollover vehicle's irresponsibility may also be taken into consideration. Whether it's driving at a hazardous speeds or driving while intoxicated, rollovers may result. Liability may also be from companies or governments who are in charge of upkeep in the roads. Another liable party may be the driver. Driving at high speeds or intoxicated may also be the cause of such accident. The driver's seatbelt should always be worn for safety reasons; wearing one may prevent an injury from happening if there is a rollover or collision with another car or object.
We are familiar with the complicated legal concerns that arise in rollover accidents. Your life may have been altered by the accident, and you may face new challenges in the future, but you do not have to face them alone. Hire a law firm that understands how to deal with your case. Please contact us at 310.943.1171.
For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS LAW today at (310) 943-1171.
A lawyer is not allowed to misrepresent or conceal the dual representation. Simultaneous conflicts of interest can result from the lawyer’s responsibilities to another client, a former client, or a third party or from the lawyer’s own interests.
In the event that a conflict of interest arises between a lawyer and their clients, there are already established rules that the attorney must follow.
Firstly, the lawyer must clearly identify the client or clients that this conflict affects or may affect. Then, he must determine whether or not a conflict of interest does exist as well as whether or not he can still represent the client despite the existence of the conflict by means of written, informed consent.
While it may sound counter-intuitive at first, a lawyer can, in certain circumstances, represent two clients whose interests are not necessarily perfectly aligned–if and only if they both consent to it after being informed of the risks and challenges that may come about due to that representation.
The complications to the issue of conflict of interest mainly come up due to the fact that a conflict of interest can exist before representation is established, during the client-lawyer relationship, and even potentially after it is over.
The reasons for this vary widely but generally it is always the responsibility of the lawyer or law firm to do their own internal research and determine whether or not it is legal, advisable, and safe to offer up representation of a client. Furthermore, as a general rule it is not favorable nor ideal to be represented by a lawyer or law firm that has a client whose interests do not align with yours.
If the conflict cannot be resolved by means of informed consent of the involved clients, then it is expected that the lawyer withdraw from the representation.
One of the core aspects of being a lawyer is to faithfully represent a client and all of their best interests once the client-lawyer relationship gets established and, as such, if an unresolvable conflict of interest arises, then it is only natural for the lawyer to withdraw from the representation. If he does not, then he cannot faithfully represent his client or clients and that goes contrary to the ethos of the profession.
Our lawyers in Glendale, Los Angeles, CA, at KAASS LAW believe in the integrity that comes with the legal profession and we stand to uphold it at all costs.
We thoroughly search our database to avoid such problems and we work with clients to ensure their needs and interests are always met. In the event that you feel you may have been represented by a lawyer or law firm who failed to inform you of a conflict of interest or who deliberately took on your representation regardless, we encourage you to give us a toll free call at (310) 943-1171 to speak to our defense attorneys today.
We will fight to right the wrongs of other malicious firms or lawyer and we stand by our client’s best interests always. At KAASS LAW, we know exactly where our loyalties lie–with our clients.
According to California Health and Safety Code a "controlled substance" can include a wide range of drugs, including, but not limited to stimulants, hallucinogens, depressants, opiates, cocaine, heroin, methamphetamine, PCP.
There are three types of controlled substance possession: actual possession, constructive possession and joint possession. Actual possession of a controlled substance means having drugs on person with immediate or direct physical control over it. Constructive possession means not having drugs on person but having the authority to control the possession of drugs. This means that the defendant does not need to be caught with drugs in his direct possession in order to be charged under HS 11350(a). Having joint possession means sharing actual or constructive possession with at least one other person.
The defendant is excused from violation of Health and Safety Code 11350 as long as he held valid prescription for the drug and the possession was consistent with the purpose of the prescription. A legal written prescription is given form physician, dentist, podiatrist, or veterinarian licensed to practice in state. This defense won’t apply if the defendant possessed a fraudulent prescription for the drug or was found in possession of more drugs than was prescribed.
Temporary possession will serve as a legal defense in case the defendant possessed the drugs with the aim to dispose or destroy them for terminating its unlawful possession. This defense won’t absolve the defendant from criminal culpability in case he exercise control over the drug but willingly dispose it.
Health & Safety Code section 11350 specifically punishes for the possession of something illegal. Therefore, in case the defendant did not actually or constructively possess the controlled substance then he can't be committed in violation under the essence of this law.
According to Health & Safety Code section 11350 the defendant must be aware of the presence of controlled substance and knew its nature or character as a controlled substance. Therefore, knowledge is an essential part of this crime. In case the defendant wasn’t aware that the possessed drugs were illegal, he must be acquitted of illegal possession
Possession of controlled substances under Health and Safety Code 11350 is misdemeanor. Penalties for conviction are the following:
If the defendant has prior convictions for especially serious felonies, gross vehicular manslaughter while intoxicated, sex crimes against a child under 14, or sexually violent offenses he will face felony penalties such as sixteen months, two or three 3years in prison. Additionally, in case the defendant is not a citizen of the United States, a conviction for possession of illegal drugs can lead to deportation, denial of reentry and denial of naturalization.
For answers to any other questions you may still have about California Health and Safety Code 11350, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
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One of the questions that might come to mind is whether or not you actually have any say as to how often or what kinds of data companies can collect from you. Unfortunately, the answer isn’t as cut and dry as a yes or no. The reality is that privacy laws vary immensely depending on the industry, type of service, and location of the company providing the app you are using. As such, the level of accountability and transparency that businesses must meet are quite different from one another. What this means in real world situations is that a customer cannot have universal demands or expectations from businesses and companies regarding their privacy. While this is hugely inconvenient, there is a silver lining in the form of your own decision making. Though you alone cannot control the laws governing the ins and outs of these companies, you can make an educated decision as to which services you choose to use and to what extent you wish to use them.
For example, upon creating an account for Gmail, Twitter, Facebook iCloud and the like, you will typically be presented with a series of options regarding data and diagnostics. While most folks usually just take the easy route and skip ahead using the default settings, it is definitely worth your time to stick around and explore a bit. By taking a second look at what you are agreeing to, you may notice a couple of things that genuinely surprise you. It’s amazing how much these companies can get away with gathering from your usage and many people probably would not be as comfortable using those services, if they understood the extent of the access these companies have regarding your private data. By taking a couple of minutes and reading up on your options while signing up, you can actually limit several major pieces of information that these companies have access to, such as browsing and crash data, frequency of use, and general statistics about your areas of interest and demographics.
As for the things you cannot control, there is little else you can do about that outside of finding another company that provides a similar service that values your privacy more than its data collection. Some things you can’t easily limit access to include anything the company exempts or says it needs from you in order to provide their service in their privacy policy and anything else that they can gather ‘publicly’ from your browsing or usage. Certain bits of information are personal but not identifiable, meaning that they cannot see who the data is from nor any identifying characteristics of the user. While it can definitely be scary to think of all the data these companies have collected from you, you should know that usually the data is only used internally. What this means is the company that collected your data while you used their app or service will only use that data to improve the quality and performance of their site or product. The upside of this is your data will not be pawned off to other companies, but the downside is that less and less businesses give you that level of privacy as an option.
The classic example of a company that is more than willing to sell and barter away their gathered information is Facebook. To be clear, Facebook is a company which has millions of active users and their database of users is quite diverse, covering many different spheres and communities. As such one would think that Facebook would understand and value their users’ privacy by respecting and protecting it...but no. Facebook instead takes the much more lowly route of simply hoarding as much user data as possible and then selling this data to third party companies for a massive markup and profit. Perhaps the most insulting aspect of this shady business practice is that it happens almost entirely in total secrecy, without any notice or heads up given to any of the user base. As a result of their recklessness, Facebook CEO Mark Zuckerberg has had to appear before Congress to explain the company’s actions and decision making processes, especially in light of recent hacks and security breaks which have exposed millions of users’ profiles, photos, friend lists, and other private data without their permission.
In light of these now public scandals, most consumers have reached a point where they just want to enjoy the services they need without a constant fear of being tracked and the worry of having their collected information leaked publicly. For your own privacy and security, we recommend to do some searching around to see if the particular apps and services you use have strong options for limiting the amount of data that can be gathered from your activity, as well as checking up on the overall reputation of that company as it is relevant to user privacy. Even a simple internet search can bring up any major scandals, side deals, security breaches, and common privacy concerns regarding any given company. By checking out some articles like this one here, you can learn so much more about how your data and privacy are treated on the internet and what you can do about it on your end.
Our goal here is to empower you with some of the basics regarding your rights to privacy and how data collection works on different platforms. At KAASS LAW, we stand with our clients and we believe that privacy is a right, not a privilege. If you have any other questions or concerns regarding your online privacy and how you can take control of it, don’t hesitate to get in touch with us. We invite you to reach out to us with any problems or cases you may have by giving us a toll free call at (310) 943-1171 to speak to one of our lawyers today.
(C) That for reasons specified the applicant should not be required to so inform the opposing party or the opposing party’s attorney.
(d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c):
(1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than 15 days or, if good cause appears to the court, 22 days from the date the temporary restraining order is issued.
(2) The party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application. The court may for good cause, on motion of the applicant or on its own motion, shorten the time required by this paragraph for service on the opposing party.
(3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is not ready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolve the temporary restraining order.
(4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or any shorter period requested by the opposing party, to enable the opposing party to meet the application for a preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary restraining order shall remain in effect until the date of the continued hearing.
(5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the time required by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissued order shall be made returnable as provided by paragraph (1), with the time for hearing measured from the date of reissuance. No fee shall be charged for reissuing the order.
(e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting of the preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing, the applicant shall not be entitled to any continuance on account thereof. On the day the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law.
(f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear the order to show cause why a preliminary injunction should not be granted if the moving and supporting papers are served within the time required by Section 1005 and one of the following conditions is satisfied:
(1) The order to show cause is issued without a temporary restraining order.
(2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing within the time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining order fails to effect service within the time required by paragraph (2) of subdivision (d).
(g) This section does not apply to an order issued under the Family Code.
(h) As used in this section:
(1) “Complaint” means a complaint or a cross-complaint.
(2) “Court” means the court in which the action is pending.(Amended by Stats. 2000, Ch. 688, Sec. 4. Effective January 1, 2001.)
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