Declaration of non-ownership is a legal process by which citizens officially report to state bodies that they do not own a vehicle. At first sight, it may seem rather strange why citizens should seek to have the fact of non-ownership of a vehicle to be asserted. However, it is not an end in itself. It is a useful tool for California residents when they:
Particularly, the common penalty for the felony as of DUI is an order to install an IID in all vehicles of the defendant. The latter should clearly comply with the court order. Alternatively, he/she can declare non-ownership of a vehicle if there is really no vehicle under his/her ownership due to a variety of reasons (the vehicle is unexpectedly sold or crashed in the accident). Filing such a declaration to the court exempts the convicted person from the obligation to execute the respective order.
In another case, people may receive traffic and (or) parking ticket which lacks relevance. Declaration of non-ownership may be an effective remedy to challenge such tickets. Suppose a vehicle is registered by the name of one person, but it is actually driven by another one. It passes through a red traffic light instead of stopping. For this violation, the traffic ticket is sent to the person under whose name the vehicle registered. The person may escape the ticket by filing the declaration to the competent agency.
The declaration is a type of legal document usually composed of a single page. The structure of the standard form is as follows:
The process is rather simple. The drivers need to:
It depends on the purpose of the declaration. If it is filed to escape from the court order, the competent body would the court that has issued such order. Thus the declaration is sent for the approval of the court. Accordingly, if it seeks to fight the ticket, it is sent to the Department of Motor Vehicles (DMV) in California., which has its own form of declaration (Form DL 4062). Here is the address:
Department of Motor Vehicles
Mandatory Actions Unit, MS J233
PO Box 942890
Sacramento, CA 94290
The paperwork must be mailed within 30 days following the ticket or court order and it must have a postmark from that time frame. Otherwise, the form submission may be disregarded by the court or administrative body. You will be required to pay the penalty connected with the ticket if you submit the paperwork after the 30-day deadline but before then. If you don't get an exemption for IIDs, even if you don't own a car, you will be required to install an IID and present it to the court. Even if you do not possess a car, failing to seek for an exemption and comply with the order to install the IID will result in a breach of your DUI probation, which might result in tougher probation or even jail time.
Nobody wants to pay a fine or spend time in jail for a crime or infraction they did not commit. You might not need any further evidence to establish your innocence and stave off severe punishment. Even though we receive numerous questions from people in similar circumstances, we will make every effort to connect you with a skilled attorney from our firm.
An accessory dwelling unit (ADU) adds living space to a property that:
You can build these units from scratch, but people more commonly convert them from something else, such as a detached garage or a large shed.
Junior ADUs are classified separately from ADUs, as they are not required to have their own bathroom/sanitation facilities, and they also must be less than 500 square feet.
If you own a house, then you can build an ADU on your property if you so choose. Recent legislation prevents your HOA or municipal government from blocking you from building an ADU to increase housing availability. Keep in mind that this only applies to owners of houses, and HOAs can still regulate the construction of ADUs in condominium complexes.
While California homeowners can freely build ADUs, most municipalities subject these dwellings to regulation and have a rigid permit process in order to construct one. To get a permit, submit an application to your local government. It typically requires a site plan and safety precautions.
California law requires any seller of a property to give potential buyers an accurate depiction of its condition, as well as disclose all known defects. Any agent or entity that sells a property and knowingly hides a defect to a buyer could find themself in legal trouble. The seller must know about the defect or should have reasonably known about it to disclose it. This creates a grey area where sellers avoid fault for not disclosing defects. For example, a buyer may argue the seller knew about raccoons, while the seller may claim the issue arose post-sale.
Given the law's broadness, the seller must disclose countless defects in a real estate transaction. State and federal law outline these defects. Some common defects that must be disclosed include:
Check your state’s laws to see if your state requires the disclosure of other specific defects. California requires sellers to disclose if a home is in a flood zone. It also mandates realtors to disclose “stigmatized defects,” like a death in the home. This applies even if the defect didn’t affect the property’s condition.
On November 3, 2020, California voted in favor of Proposition 19. Passing this proposition provides a property tax break for older homeowners and raises taxes for those inheriting family properties.
Proposition 58 is currently in effect. It allows parents to transfer a primary residence to their children without any new fair-market reassessment. This applies regardless of how the children chose to use the real property. This allows children to inherit the same property tax basis their parents. They can transfer the primary residence with no cap on the assessed value. Before Proposition 19, secondary properties could transfer with up to $1 million exempt from tax increases.
A tax assessment is the value assigned to real property by the local government to collect taxes that support the community. A fair market assessment is the value of real property based on its potential sale price on the open market.
Proposition 58 is most favorable to families that have owned real property with low assessed values. For instance, a 60-unit apartment complex in the San Francisco Bay Area purchased by a married couple in 1979 may have an assessed value just under $2 million. Under Proposition 58, the couple could transfer this property to their children without reassessment.
Closing on a house is the final step before the house legally becomes the buyer’s. The process involves the buyer signing off on the deal and transferring the last of the funds to the seller. At the end of closing, the deed records, and the buyer takes ownership of the home.
In California, an escrow in California is officially closed the day the Grand Deed is recorded in the official records at the County Recorder’s office. The County Clerk date-stamps the deed, which transfers property ownership from the seller to the buyer.
Sellers have obligations to fulfill under the sales contract of selling their home. Some seller's requirements include:
Residential property sellers in California must give disclosures under Section 1102 of the California Civil Code. In writing, they describe the property they've listed for sale. Nearly every residential property in California is subject to these mandatory disclosures. Included are standalone residences, high-rise apartment units, and manufactured or mobile homes, among others.
The reason why these disclosures are so important is because potential buyers need to know as much as possible about the property in order to evaluate whether they really want to buy it and if so. This involves determining what a reasonable purchasing price is and whether or not the house need any repairs or upgrades. The disclosure obligations also remind California home sellers that they have a legal responsibility to be open about a property’s condition and can be sued for hiding problems or defects.
In California, a seller needs to provide these disclosures to a prospective buyer as soon as possible before transfer of title. Although this language is a bit vague, the intent is to get the disclosure to the buyer in a timely fashion. Thus, as a practical matter, this usually happens early in the purchase process. Some sellers, for example, will prepare all disclosures, inspections, and other paperwork before marketing their home. So that serious proposals can be received, everything is in place. A copy of the disclosures may be made by other sellers. If the disclosures reveal any unexpected information regarding the property, the buyer has the opportunity to back out or renegotiate. If a seller fails to make required disclosures to prospective purchasers before the two of them sign the purchase agreement. The buyer can then choose to end the contract. As a result, it's critical for a seller to give these disclosures as quickly as possible to serious potential buyers. So that the chances of a buyer canceling an offer later owing to information in the disclosure are reduced.
According to California Penal Code Section 236.1, the crime of human trafficking is depriving another person of his personal liberty with the specific intent to obtain forced labor or to violate California’s child pornography, California laws against extortion and blackmail or pimping and pandering laws; trying to persuade a minor to engage in commercial sex acts.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
Homestead laws protect people from foreclosure or seizure of their homes during times of personal economic hardship. These protections vary by state, but California has relatively strong homestead laws. The law lets homeowners declare a “homestead,” making a portion of the home's equity untouchable by creditors. This protection prevents you from being forced to sell your home, even if you file for bankruptcy or face other economic hardships.
California Code of Civil Procedure section 703.140 lists equity protection limits. The maximum amounts of equity that a homeowner may declare homestead exempted are as follows:
In California, tenants have the right to live in a habitable environment. This requires the landlord to make any repairs to the property that make it uninhabitable. Landlords who rent uninhabitable and dilapidated properties to tenants are commonly called “slumlords.”
If the landlord refuses to correct the violations, the tenant has several legal options. However, before taking action, it is important to notify the landlord in writing of the problem. The notice should describe the problem and demand that it be corrected within a reasonable time. This is usually 30 days, but the time period is shortened if there is a health or safety hazard.
California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm. 29800 PC states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800.This statute also applies to individuals addicted to narcotic drugs and those with previous firearm offenses.
Renting out your ADU is legal in California for long-term rentals, but for short-term rentals of less than 30 days (Airbnb), many HOAs will strictly prohibit them. All rental restrictions that would apply to the main property will also apply to an ADU.
A local government or HOA may limit the maximum size of an ADU. But may not make this maximum less than 850 square feet, or less than 1,000 square feet for those with more than 1 bedroom. They must also allow the maximum height to be up to 16 feet at least. KAASS LAW helps navigate local regulations, obtain ADU permits, and resolve legal issues with HOAs or municipalities to ensure compliance.
In recent years, accessory dwelling units (ADU) have become a popular solution in California for:
However, it is important to consider a number of legal and practical nuances when constructing and operating an ADU.
California law gives homeowners the right to build ADU. However, local governments retain the authority to regulate the process. For example, you must comply with:
Obtaining a permit requires the submission of a detailed site plan. This includes:
Some counties require notification of neighbors or an environmental impact statement. In addition, ADU may not be allowed in certain seismically active areas. Or in protected historic districts. Therefore, it is important to consult with a real estate attorney before beginning construction.
Although ADU can be rented, there are strict rules. Rentals of less than 30 days are often prohibited. This is especially true in neighborhoods regulated by HOA, which may prohibit short-term rentals altogether. In addition, owners are required to register ADU with local authorities and comply with regulations. Sometimes it is required that the owner live on the property where the ADU is located. Especially in the case of a rental. This requirement helps maintain order and reduces complaints from neighbors. For more information on rental regulations, visit the California Department of Housing and Community Development (HCD) website.
It is also worth considering that ADU construction must comply with:
For example, some municipalities require the installation of solar panels or energy-efficient windows.
Adding an ADU increases the overall value of a property. This may result in higher property taxes after reassessment. In addition, rental income from the ADU is taxable. It must be reported on your tax return. Failure to comply may result in fines. However, many see ADU as a way to increase a home's market value and create a source of ongoing income. Therefore, it is important to evaluate the potential costs and benefits in advance. At KAASS LAW we assist clients in drafting lease agreements. We assist in obtaining permits and resolving disputes with local governments or HOA.
Situations where sellers withhold information about problems with a property are not uncommon. However, if you purchased a home and later discovered undisclosed defects in the property, you have a right to defense and compensation. Step 1 - Gather evidence. The first step is to document the existence of the defect. This could be:
If you have evidence that the seller knew about the problem but intentionally hid it, your chances of a successful refund increase. Step 2 - Contact the seller. The first step is to send a written complaint to the seller. The letter should describe the defect and any damages. Sometimes sellers agree to settle disputes voluntarily. This is done to avoid litigation.
If the seller refuses to admit fault, contact KAASS LAW. We can help you:
If the court finds that the seller breached the duty of disclosure, you can recover:
In cases of intentional deception, the court may award punitive damages. For details on such claims, see California Civil Code Section 1102.
It's important to realize that hidden property defects involve more than just physical problems. They can also involve psychological factors. For example, the seller must disclose if there has been a death in the home within the last 3 years. Even if the home is technically in good condition. You can learn more about this in California Civil Code 1710.2.
Remember that your right to file a lawsuit has a time limit. In California, different time limits apply depending on the type of defect. For example:
In any case, the earlier you seek legal help, the greater the chance of a quick resolution of the case.
Sometimes a property is sold by someone other than the owner. If this is the case, it is important to find out if the person who sold the property was aware of any hidden defects. California law requires all parties to the sale to disclose material information about the condition of the property. Failure to do so can result in civil liability.
In cases of new home purchases in condominiums or cottage communities, buyers are faced with the same defects. In these situations, it is possible to file a class-action lawsuit against the builder or seller. You can learn more about this mechanism on the California Courts
If you suspect that the seller has hidden defects from you, do not delay. KAASS LAW will help you:
Call us today at (310) 943-1171 for a free consultation.
Proposition 19 replaces Proposition 58. Beginning February 16th, 2021 the ability to transfer $1 million of assessed value of other property that is not the primary residence is completely eliminated.
The ability to transfer a primary residence between parent and child without reassessment will not apply unless two conditions are made. The two conditions are: 1) the parents’ primary residence must also become the child’s primary residence, and 2) the fair market value of the primary residence at the time of transfer cannot exceed the parents’ assessed value by more than $1 million. If, at the time of transfer, the difference between the assessed value and the fair market value of the home is more than $1 million, the new assessed value will be the fair market value less $1 million. For example, if parents purchased a rental property in 1940 for $50,000, and the value of the rental property is more than $1 million when it is transferred to a child after February 16, 2021, the parents’ tax basis does not pass to that child. Therefore, the child will now have to pay the property tax based on the assessed fair market value.
Example of how Prop 19 works: a parent owns a home that is his primary residence and has a rental property in California. The home has an assessed value of $500,000 and a fair market value of $3 million. The rental property also has an assessed value of $500,000 and a fair market value of $2 million. Even though the properties have different fair market values, their property tax liability is similar because they have the same assessed value. The combined annual property tax of both properties with a property tax rate of 1.25% is $12,500. The parent now wishes to transfer both the properties to his daughter.
Before Prop 19: No reassessment on the home or rental property transfer. The parent can transfer the home regardless of value, and the rental property's value is below the $1M threshold. Thus, the combined annual property tax will remain at $12,500. The daughter can use both properties as investment properties without restrictions.
Result with Prop. 19 in Effect: there is an adjustment to the assessed value of the home and a full reassessment on the rental property. The new value is $2 million, as the fair market value exceeds the previous by over $1 million. The rental property’s new assessed value is $2 million, as no exemption applies to non-primary residences. Thus, the new combined annual property tax will be $50,000. If the daughter doesn’t live in the family home, it will be reassessed at $3 million, raising the annual tax to $62,500.
Proposition 19 significantly changes the tax rules for inheriting real estate. Prior to its enactment, parents could pass homes or second homes to their children under Proposition 58. They could change them without changing the tax assessment as long as the value of the property did not exceed a prescribed threshold.
After the passage of Proposition 19, the situation changed. Now, when property is transferred, the tax basis is recalculated if the value exceeds $1 million. This means that heirs who receive property from their parents must pay taxes based on the fair market value of the property. For example, if the value of a home exceeds $1 million, the new estate tax could increase significantly.
An important point for heirs to consider is that if the property received is not the principal residence, it will be subject to a full revaluation. This will result in a significant increase in tax liability. However, if the heirs continue to live in the house transferred to them, they can keep the tax relief. But only if the difference between the market value and the assessed value does not exceed $1 million. For more information on Proposition 19 and its effect on tax liability, contact KAASS LAW.
For more information on Proposition 19 we invite you to contact Our Los Angeles real estate attorney at (310) 943-1171.
When closing the deal when buying a home, it is important to consider other key points. That can affect the success of the closing.
Sellers can also consider doing the following, though not obligated to do so:
KAASS LAW guides you through the home closing process, ensuring legal compliance and protecting your rights.
In many cases, certain conditions are included in the purchase contract. These conditions must be met prior to closing. For example, a buyer may insist on a condition that the transaction will not close until the mortgage loan is approved. Similarly, if there are defects discovered during the property inspection. The buyer can demand corrections or cancel the contract. It's important that both parties carefully check that all conditions are met, otherwise the deal may be derailed.
In addition, the buyer must send the balance of the funds in advance of the transaction. This means processing a wire transfer in favor of an escrow agent. This agent is responsible for the safe distribution of the funds. It is also necessary to ensure that the amount of the wire transfer matches the amount specified in the settlement documents. You should also verify the recipient's information to prevent fraud. The Federal Trade Commission (FTC) warns about common scams. related to wire transfers in real estate purchases.
The buyer should conduct a final inspection of the home before finalizing the transaction. This ensures that the seller has fulfilled all agreements. This includes repairs and cleaning. Any discrepancies should be noted before the final documents are signed. Remember, the transfer of title occurs when the county recorder's office records the deed. That action marks the transaction as legally complete. For more information on the rights and obligations of the parties, you can read KAASS LAW article requirements for Los Angeles breach of contract lawsuit.
In California, seller disclosure requirements are strict and thorough. California provides a standard format, as referred to in Civil Code Section 1102, which sellers must use when making these disclosures. The resulting form, called the “Transfer Disclosure Statement,” can be obtained from your California real estate agent. The Transfer Disclosure Statement form covers a broad range of topics, from structural information about the home, such as a leaky roof to whether any deaths occurred on the property in the last three (3) years. In addition, the seller must provide details on all of the home's appliances. Included are those that are for sale, as well as whether or not they are functional. The seller will also need to disclose any room additions, damage, or neighborhood noise problems. Finally, the vendor must attest that they have followed all applicable California laws. For example, smoke detectors are mandatory, and the water heater must drop or slide horizontally in the event of an earthquake.
As a general rule, the more the seller discloses, the better it is for both the seller and buyer. Remember, just because the seller discloses an issue does not mean they must repair or correct it. The buyer also has the option to correct a problem or to overlook it, if the issue is a minor one. In fact, revealing more information than the seller must to can aid the transaction. The buyer's real estate agent will be happy to find that the seller has submitted a fully completed Transfer Disclose Statement form, as will the buyer. It shows that the seller is thorough and are taking the home sale seriously.
Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
To convict a person under Penal Code Section 236.1 the prosecutor has to prove that he deprived the victim of his personal liberty. However, in case the person can prove that the alleged victim willfully participated and there was no deprivation of personal liberty, he can’t be found guilty of this crime. In some human trafficking cases, a defendant can prove that the alleged victim made the accusation against him for motives of favorable treatment, out of anger, gaining sympathy, or jealously. If the defendant inflicted great bodily injury on a victim he will face an additional term of five, seven, or ten years in prison. In case the defendant had prior convictions for violating California Penal Code 236.1 he will face an additional prison term of five years for each prior violation.
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
If convicted, the offender must register as a sex offender. This will restrict his or her rights to residency, employment, and freedom of movement. The consequences are particularly severe if there are aggravating circumstances. Such as:
In addition to the mandatory prison sentence, a person may receive additional sentences. They are served consecutively, not concurrently. However, the accused has the right to a defense. Lawyers can challenge key elements of the crime. Such as:
In addition, if the victim committed perjury for personal motives, this can be used as a line of defense. Proper use of evidence and analysis of the client's intentions help attorneys build a strong defense strategy. Therefore, it is important to seek legal counsel as soon as possible. At KAASS LAW our experienced attorneys can help you with Penal code Section 236.1. Timely action can play a key role in a favorable outcome of the case.
If a homeowner owes certain types of debts, they may not be able to qualify for any homestead exemptions on their equity. These debts include:
It is also important to note that homestead laws solely protect the equity in your home, not any other assets you may have. Therefore, you should not assume that the furniture and belongings in your home are protected just because your home has a homestead exemption.
Getting legal help with your homestead declaration is a very good idea, given that California does not require an attorney to file for homestead exemptions. The process is complicated and requires that you send in many documents related to your residence and finances. In addition, your attorney may help you qualify for a higher exemption than you previously thought was possible. KAASS LAW’s experienced attorneys will guide you through the complex process of filing for a homestead exemption.
It is important to understand that the homestead defense in California has several other aspects. That can be helpful in the event of financial hardship.
Keep in mind that in order to take advantage of this protection, you must formally register your right to "homestead". The application process can be quite complicated. It is best to contact an experienced attorney who can help you complete all the necessary paperwork and file the application. It often requires you to provide information about:
To determine the maximum amount of funds that can be protected from creditors. For those who live in a home with more than one person, the protection will extend to a larger amount. For example, if you live with a family that includes children, you can protect up to $100,000. If you are over 65 or disabled, the law increases the limit to $175,000. This can be an important financial tool to save your home in the event of a difficult situation.
However, it is worth remembering that the homestead foreclosure defense is not a one-size-fits-all defense. As mentioned above, there are debts that do not qualify for protection. These include:
These debts are subject to involuntary foreclosure. Despite the assertion of the "homestead" defense. In addition, it is worth noting that the protection only applies to the value of your home. It does not apply to other assets such as cars or bank accounts. This means that if you have other valuable assets, they can be seized in the event of a debt. Even if your home is protected by the homestead law.
If your home is protected by a homestead, it can help you avoid losing your home in bankruptcy. Or other financial problems. However, it's important to realize that this protection does not release you from your mortgage obligations. Or other debts tied to the home. For example, if you don't pay your mortgage, the lender may try to sell the house to cover the debt. Even if a lien is placed on the house. In such cases, the protection covers only the remaining equity after you pay off the mortgage debt.
Homestead laws in California provide important protection for homeowners in the event of financial hardship. These laws help to keep the home and avoid selling it to cover debts. However, it is important to keep in mind the exceptions, such as child support and tax debts. Therefore, it is important to consult with an experienced attorney before applying for a homestead exemption. Who will help to properly execute all the necessary documents. And will also determine the maximum amount that can be protected. The attorneys at KAASS LAW can provide you with expert assistance in the process of applying for homestead protection. And help you maximize your rights to protect your home from foreclosure.
It's important to remember. Consult an attorney before making any decision. Infringements may seem obvious, but only an expert can assess the chances of success. KAASS LAW will help you understand your rights and develop a competent defense strategy.
The law requires an owner of a rental property to make any repairs that would cause the property to be uninhabitable for any reason. California Civil Code section 1941.1 and section 1941.3 describes several requirements needed for a home to be habitable. They include:
A "nuisance" is something reasonably dangerous or obnoxious that the landlord allows on the premises. These nuisances do not necessarily have to be in a tenant’s living area; instead, they could be anywhere on the landlord’s property. For instance, some examples of this include:
A property owner does not have to repair damages that are too minor to affect the habitability of the home. For example, a leaky faucet may annoy a property owner, but it does not qualify as a characteristic of an uninhabitable home. Every rental contract is different, and it is common for an agreement to state that landlords must pay for minor repairs even if they do not legally interfere with a property’s habitability. Check your rental contract for special clauses that make the property owner cover repairs that are solely aesthetic.
This happens when the property’s habitability drops so low that the tenant has no choice but to move out. Some examples include:
If your landlord has constructively evicted you, you can recover damages for yourself and your belongings. Additionally, you may receive a refund for the rent you paid during the months you dealt with the issue. If your living conditions were so bad that you had to move out, it’s important to seek legal help to pursue financial compensation. KAASS LAW can provide expert legal assistance if you face uninhabitable living conditions.
Penalties for a conviction under Penal Code 29800 may result in:
Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.
Expungement for a violation of California Penal Code 29800 can be provided given that the defendant completed the jail term and/or probation period. Expungement cannot apply to serious sex offenders or former inmates of a California State Prison.
A defendant can reclaim gun rights by reducing their felony charges to a misdemeanor. This can happen with a wobbler offense. A defendant can petition the court to reduce a felony wobbler to a misdemeanor.
Federal law prohibits the following people from owning a gun:
KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.
In addition to the basic criminal penalties, a conviction under PC 29800 can have other serious consequences. For example, a conviction for weapons possession can seriously affect:
This is especially true for non-residents of the United States - they may face deportation or denial of naturalization. It is also important to understand that a conviction under this article may be used as an aggravating factor in future offenses. This may result in harsher penalties for repeat arrests. Especially if the case involves violence or illegal weapons.
If you are facing charges under PC 29800, it is important to contact an attorney as soon as possible. He or she can evaluate:
For example, evidence may be excluded if the police searched without a warrant or probable cause. Another line of defense is lack of knowing possession of a gun. If the gun was in a shared residence but did not belong to the defendant, the defense attorney may be able to prove that the client did not intend to possess the gun. A strategy to reduce the charges is also possible. If the court finds that the crime falls into the wobbler category, the attorney can move to reclassify it as a misdemeanor. This opens the door to probation and subsequent expungement. The attorneys at KAASS LAW are highly experienced. They are prepared to defend your rights in court. Do not delay a consultation - timely action can change the outcome of the case.