Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones. Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of RobinHood, TDAmeritrade, or MarketRebellion.
There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus--scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the The World Almanac. For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms--ask your doctor about those. Health care is getting innovative. For example, Harmony Health in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now!
In a democratic society, transparency and accountability are paramount. Access to public records is a cornerstone of this principle. This allows citizens to scrutinize government actions and ensure they can given to the public interest. In California, this right is in the California Public Records Act (CPRA), a powerful tool for promoting government transparency. the following will help explore the key provisions of the CPRA. Here at KAASS Law, we strive towards knowledge and outlining what records are accessible. We also better explain the process for requesting records, and the limited exemptions that exist.
Everyone has a constitutional right to use the state's California Public Records Act (CPRA) to access a vast number of California public records. See the CPRA text in sections 6250 and 6253 of the California Government Code (Cal. Gov't Code), which states that any person, business, partnership, limited liability company, firm or organization, both within and outside California, can inspect public records in California.
The landscape of debt collection has evolved significantly in recent years, with the rise of a specialized industry: debt buying. Debt buyers purchase delinquent debts from original creditors, often for pennies on the dollar. , and then attempt to collect the full amount, plus interest and fees. This practice, while legal, can be fraught with issues for consumers, including inaccurate debt information, aggressive collection tactics, and the re-emergence of long-forgotten debts. To address these concerns, several states have enacted Fair Debt Buying Practices Acts (FDBPAs). This blog post will delve into the intricacies of FDBPAs, explaining how they protect consumers from potentially abusive debt collection practices by debt buyers and outlining the rights consumers have when facing collection efforts on purchased debt.
The California Fair Debt Buying Practices Act ("FDBPA") came into force on 1 January 2014. The act, which seeks to provide more protection for borrowers whose debt has been sold to a debt buyer, applies only to those debt buyers. It is not available to creditors, collection agencies or payment attorneys.
Whenever a person stops making payments on a credit account, a creditor can "bill" the account and sell it for less than what the debtor owes to a "debt buyer." So what exactly is a buyer of the debt and how are? Under the FDBPA, a "debt buyer" is defined as "a person or entity regularly engaged in the purchase of charged consumer debt for collection purposes, if it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation"(See section1788.50(a)(1) of the Civil Code of California). The term "charged-off consumer debt" implies "a consumer debt removed as an asset from the books of a creditor and treated as a loss or expense." (Section 1788.50(a)(2)).
If you're a homeowner struggling with debt, you might come across something called a "home equity sales contract." While it may sound like a quick fix to get some cash, it’s important to understand exactly how it works. The real estate market is speculating to recover, and property prices are continuing to rise. But for many borrowers, rising prices do not mean an increase in their ability to make loans payable. Though many may decide to sell their houses and move on, others may not do anything until they face foreclosure. The California legislature has been worried that those homeowners whose residences are in hang-out are at risk of fraud, deception and unfair dealing by buyers seeking to get control of the equity for little or no compensation. To hopefully avoid this, the Legislature passed the Home Equity Sales Contract Act (California Civil Code Section 1695). This has since been a source to resolve a considerable amount of confusion and litigation.
So, California law also generally requires special sales transaction management in order to protect homeowners in foreclosure. In addition, the Home Equity Sales Contract Act refers to transactions that satisfy all four conditions:
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.
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.
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.
Elimination: the act of contemplating and refusing every option until only one is left. Superior and local courts deal with parts of the same case in many cases. When a matter is passed between the courts because the "lower" court level is not empowered to dispose of the whole case, the inevitable result is cost and delay. Preliminary proceedings are a prime example of criminal cases. Most criminal defendants, particularly in Los Angeles County, send their cases for a preliminary hearing transcript decision. A municipal court judge is currently conducting the preliminary hearing but is not permissible to sentence the accused because criminal sentences are not levied by the municipal court judge. The following better helps with the elimination of inefficiencies and delays in case processing.
The Writ of Execution: The party of whose favor judgment is given may have a written or order issued for the execution or enforcement of the judgment at any time within 10 years of its entry. If, after the judgment has been entered, the issuance of such a writ or order is retained or ordered by any judgment or court order or by the operation of law, the time during which it is so retained or ordered shall be excluded from the calculation of the 10 years within which execution or order may be issued. While the length of time the judgment obtained will continue to issue a letter of execution is ten years, according to Section 685 of the Code of Civil Procedure. Provide that a motion supported by affidavits of good cause may extend the time limit for issuance. Under the terms of the law, failure to supply the affidavits is as sufficient grounds to refuse the relief sought. The proof needed in the affidavits is sufficient where the affidavit stated that a search of county records found no property in the debtor's name. But that was the cause of the failure of the creditor to proceed under Section 681 of the Code of Civil Procedure. Likewise, where an alimony judgment creditor alleges that her failure to use Section 681 of the Code of Civil Procedure was due to being out of the state and lacking resources to pursue the assets of the defendant, it is sufficient according to this section for relief.
Guide for Using Judicial Council of California Civil Jury Instructions: Jurors' ease of understanding, without sacrificing accuracy, is the primary objective of these instructions from the Judicial Council. A secondary objective is to facilitate the use of lawyers.
While the instructions of the jury are not a primary source of the law, they are a statement of the law, a secondary source. The fact that the instructions are in plain English does not alter their status as an accurate legal statement.
The CPRA (California Government Code sections 6250-6270) provides the public with the right to inspect and copy government records. It establishes a presumption of openness. This means that government records are generally a consider public unless a specific exemption applies. The CPRA covers a wide range of state and local government agencies, including:
One can examine the public records of state offices, officers, departments, divisions, offices, boards as well as commissions in California and other state agencies and bodies. You can also audit local authorities' public records, including counties, cities, school districts, municipal corporations, districts, political subdivisions, local government departments, and non-profit organizations that are a local agency's legislative bodies. You would not, however, be able to access the records of the California state legislature or its committees, nor of the CPRA state courts.
One can review all of the government bodies subject to CPRA's "public records." The phrase "public records" is broadly defined to include information pertaining to the conduct of the business of the public which is prepared, held, used or maintained by any state or local entity regardless of the medium in which it is stored. Look at Cal. Code Gov't Section 6252(e). Keep in mind that public records do not extend to public officials’ personal information that is unrelated to the conduct of public business (for example, a telephone message taken from a colleague's wife about picking up children by a public official), or government-developed computer software.
An agency can decline to provide a record if "the public interest served by not making the record clear outweighs the public interest served by disclosure of the record" in a particular case. (Cal. Gov't Code Section 6255) In addition to this general exception, if one or more of the following strictly interpreted statutory provisions apply, an entity is allowed (but not required) to deny disclosure. A long list of specific exemptions is set out in the Act (Cal. Gov't Code Section 6254), including:
The California Public Records Act is a powerful tool for promoting government transparency and accountability. By understanding your rights under the CPRA, you can effectively access government information. This will ensure that public business is willingly to remain openly and in the public interest. Don't feel hesitant and exercise your rights without any issues. We the people should have access and find our form of the truth.
Do you have any questions or concerns about your access to public records in California? Our attorneys at KAASS Law may be able to help you out. Give us a call at (310) 943-1171 for more information!
When the debt buyer decides to write to a consumer, the debt buyer must at the time of writing "possess". Such information can not take collection action against you unless it has the following account details:
Currently, several states have enacted FDBPAs, including but not limited to:
Two senate bills from California will impact the consumer debt collection process providing relief to debtors in judgment. SB-501 (2015-2016) amends CCP § 706.050 and changes the formula for calculating the percentage of disposable income subject to a wage garnishment. As a result, this gives a slight amount of relief to low income judgment debtors. SB-641 (2015-2016) amends the Fair Debt Buying Practices Act (FDBPA) covering consumer debts sold or resold after January 1, 2014 and adds a new provision, Provision 1788.61 of the Civil Code. A judgment debtor may, by current law, file a notice of motion and motion to set aside a default or default judgment and for leave to contest a debt-related action up to 2 years after a default judgment has been entered. The provision would make a judgment debtor of a consumer debt sold or re-sold up to 6 years after that date, or 180 days after the actual notice of the case. victims of identity theft are given a special provision. The judgment debtor who files the motion should also include "an affidavit stating under oath that the person's lack of actual notice in time to defend the action is not caused by his or her avoidance of service or inexcusable neglect." Moreover, "either party may submit evidence in support of his or her motion or opposition, including evidence relating to the proceedings, and the court may consider such evidence.
Fair Debt Buying Practices Acts provide crucial protections for consumers facing collection efforts from debt buyers. Understanding your rights under these laws is essential for navigating the complex world of debt buying and protecting yourself from potentially abusive collection practices. If contacted by a debt buyer, it is important to take prompt action, request debt validation, and seek legal advice. Here at KAASS, we understand and can help guide our clients with their debt problems. Do not stop yourself or feel like this will hinder you for the rest of your life. Take action right away.
Do you have any questions related to your specific situation? Get in touch with our attorneys at KAASS Law for more information now!
The Act does not apply if any of those four provisions are not met. For instance, if a seller owns a property in foreclosure but the buyer occupies the property as his or her personal residence, the rule on home equity transactions does not apply. Nevertheless, if all four conditions are met, the purchaser must use a sales contract for home equity. One example is the C.A.R. standard form "Notice of Default Purchase Agreement" and annexes which include the many provisions of the Act including:
Considerably, the Act provides that until the time has elapsed for the Seller to cancel the Contract, neither the Buyer nor anyone who works for him may ask the seller to sign any deed or other document. Since this right of rescission doesn't begin to run until the buyer issues the notice, the seller cancel any time. And if the Buyer never delivers the Notice, even after the Buyer has registered their Deed, the Seller can rescind. Additionally, the legal penalty for infringing this right is three times the equity plus lawyer's fees and court costs. Even worse, for each violation, equity buyers who violate the home equity sales law may be convicted of a crime punishable by a one-year jail term plus a $25,000 fine. What about real estate agents, the law requires that an authorized security insurer contract a buyer's agent, but there were no insurers willing to bid the bond. The bonding provision extends to the agent or dual agents of a seller but not exclusively to a listing agent.
If you're thinking about entering into a home equity sales contract, here are a few things you can do to protect yourself:
A home equity sales contract can offer a way out if you're facing financial hardship, but it's important to fully understand what you're agreeing to before moving forward. It’s a good idea to consult a professional, like an attorney, who can guide you through the process and help you make an informed decision. By doing your research and making sure the terms are fair, you can avoid unexpected surprises. For any further questions and or need legal assistance, please contact us right away! Strive to better secure your house and your future!
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.
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.
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!
Since the judge of the municipal court has no authority to dispose of the case immediately after delivery of the transcript, the defendant is liable to delay in the final disposition of his case, a delay that is also costly for the trial. There seems to be little countervailing public benefit in having 2 (two) judges examine the same content, unless one assumes that sentencing is better than sentencing a municipal court judge who does not see live witnesses. Multiple other "friction costs" arise from various trial court structures getting elements of a single criminal case. Defendants must always arrange in both courts and they must name twice as indigent lawyers. Motions in both courts can set to bail, to restrict pre-trial ads, and for discovery. If a defendant pleads not guilty to a crime because of insanity. Then that component of a municipal court case has to prosecute in the higher court. There are also several points of inter-system conflict in civil cases. If a lawsuit is in a municipal court seeking less than 15,000$ (fifteen thousand USD) in damages, a cross-appeal for an amount over 15,000$ (fifteen thousand USD) allows the entire case to appeal to the Superior Court. Therefore, a cross complaint with an exaggerated claim of harm will easily deprive the defendant of his option of the Municipal Court platform. Similar problems occur when an application for declaratory relief occurs, that the municipal court can't fully grant. Any manager who sees 2 (two) separate and fairly uncoordinated service delivery systems dealing with aspects of the same problem will undoubtedly want to combine the 2 (two) systems, in the absence of extremely important countervailing considerations. This is only the little part of the problems on elimination of inefficiencies and delays in case processing. Contact KAASS LAW Today for any further legal assistance and or representation!
For forms, check link. An undertaking has not needed as a condition precedent to levy under the execution letter, with the exception of levies directed at bank accounts not standing alone in the name of the judgment debtor. The writing, however, is not self-execution when it publishes. The sheriff or other officer to the one who must it address to will not differ from the instructions signed by the judgment creditor or his lawyer describing the property to be levied on. It has generally held that the sheriff is becoming, by virtue of his instructions, at least as to the manner of execution, an agent for the judgment creditor.
The life/ period of the writ no longer extends 60 days. It must return to the court in which judgment enters in no less than ten days, nor more than sixty days after receipt by the officer to whom it addressses. The return shall have no bearing on the sale of the property imposed under that writ before the day of return. Any fee on that writing after that date, however, amounts to an infringement or conversion.
In order to recognize the debt, the judgment creditor need not rely solely on execution. A certified summary of any California judgment or that of any federal court may register with the county recorder in compliance with Section 674 of the Code of Civil Procedure. If you need further assistance on this matter and seek legal interpretation or preparations, contact KAASS LAW today!
No new revision date by additions or changes to the Sources and Authority and Secondary Sources.
Cases should always treat as a digest of relevant citations. The use of an abstract does not necessarily mean that the committee finds it a legal authority. Actually, they provide a starting point for further legal investigation into the subject.
The omission of uncontested elements could leave the jury with an incomplete understanding of the cause of the action and the full burden of proof of the plaintiff. It is best to include all the elements and then say that the parties have agreed to determine one or more of them and that the jury does not have to decide. Contact KAASS LAW today for any further legal assistance and or representation!