When a motorcyclist is injured due to another driver's negligence, the rider is entitled to seek compensation for not only their property damage and injuries, but are also entitled to seek loss of income, past and future medical expenses, pain, suffering, and other related expenses from the other drivers insurance company.
When a motorcyclist or motorcyclists passenger is killed in an motorcycle accident that was result of another parties fault or negligence the surviving heirs or relatives of the deceased party is entitled to pursue compensation for wrongful death. A civil lawsuit may be brought against the person that caused the death to recover monies.
There are a few things that should be noted that California law allows for two different types of lawsuits a wrongful death lawsuit and a suit brought based on a survival cause of action. Pursuant to Code of Civil Procedure § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid…”
Minors can also bring a cause of action for wrongful death, IF the minor(s)
Damages for wrongful death include:
We provide 24/7 motorcycle accident hot line available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney and find out if you qualify as a relative under California law. Our motorcycle accident lawyers charge our clients' zero upfront legal fees. That’s right – you pay nothing until and unless we make a recovery. Our attorneys speak English, Spanish, Russian, Armenian, and French.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
An alien applying for asylum can also apply for withholding of removal at the same time. Withholding of removal is an alternative to the asylum for a foreigner who fears to return to his home country. However, it should be noted that the grant of the withholding of removal does not result in the same benefits arising from the grant of asylum.
Withholding of removal is a remedy available to an alien who cannot go back to his home country because of a threat to his life or freedom. Under the Immigration and Nationality Act, an alien cannot be removed to a country if the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. INA § 214(b)(3)(A).
An alien is eligible for withholding of removal if he is able to establish that his life or freedom would be threatened because of one of the statutory grounds if he is removed to his home country. The alien will meet his burden of proof if he is able to show that it is more likely than not that his life or freedom would be threatened if he is removed to his home country. The “more likely than not” standard for withholding of removal is more difficult to meet than the standard for showing fear of persecution for asylum applicants.
Prior to preparing the H-1B petition for a foreign employee, US employers shall determine whether the specific occupation falls under the H-1B category or not. Currently, the H-1B category covers only foreign employees who come to US to perform services in a specialty occupation or are models of distinguished merit and ability.
A specialty occupation is an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. INA § 214.2(h)(4)(iii)(A). Some occupations clearly fall under the specialty occupation for H-1B purposes, and employers do not have to do much to show that the offered position is in a specialty occupation. The list of these occupations includes, but is not limited to, lawyers, accountants, engineers, architects, psychologists, scientists, and financial analysts. For these occupations, employers do not need to submit extensive evidence to show that the position is in a specialty occupation. For other occupations, which do not clearly fall under the specialty occupation category, employers will have to demonstrate that the position is in a specialty occupation. Employers can demonstrate that the position is in a specialty occupation by showing that it meets one of the criteria specified in the Immigration and Nationality Act. The adjudicators at USCIS rely on the Department of Labor’s Occupational Outlook Handbook to determine whether the position is in a specialty occupation or not. This handbook specifies the duties and requirements for different positions, including the requirements for entry into the specific occupation. The Handbook can serve as a comprehensive guide for employers to determine whether the specific position will qualify as a specialty occupation or not. Employers shall keep in mind that the H-1B category does not cover all the occupations, but only specialty occupations. Hence, employers shall determine whether the specific position is in a specialty occupation, and only after that shall start working on the H-1B petition. If the position is not in a specialty occupation the H-1B petition will not be successful, and employers should think about alternatives.
According to the United States Department of Transportation, nearly 80 percent of motorcycle accidents are either fatal or cause injuries. Understanding of your rights cannot hurt as much as getting into one. California motorcycle accident laws are very similar to those in other states. There are some differences that are specific to California.
California is the only state that permits lane splitting, “squeezing” in past slow or creeping traffic. California bikers must wear helmets at all times and must carry liability insurance at all times. California bikers must possess a Class M1 or M2 license and pass a skills test. Many times even the most skilled motorcyclist are involved in accident, i.e., motorcycle-auto or motorcycle-truck accidents. There are various causes for motorcycle accident such as:
If you are an officer, president, or owner of California corporations and have been served with legal papers for a lawsuit or pending legal proceedings, it is crucial to hire a business lawyer to represent you in court. This is not just a recommendation—it’s the law. According to Paradise v. Nowlin (1948) 86 C.A.2d 897 and Code of Civil Procedure § 116.540(b), California law prohibits anyone other than a licensed California attorney from representing a corporation or LLC in court proceedings, except in small claims cases.
California law treats corporations as separate legal entities from their owners, officers, and directors. This means that even if you are the CEO of a corporation, you cannot represent the corporation in court unless you are a licensed attorney in California. Courts recognize corporations as distinct "persons" under the law and require them to have representation by a licensed professional. Attempting to represent your corporation without an attorney risks case dismissal or sanctions.
Los Angeles Personal Injury Attorneys and Accident Litigation Attorneys are Prepared to Help Potential Victim's Bring Wrongful Death Lawsuits.
A wrongful death lawsuit involves the deceased's estate or family member to bring a claim against a wrongdoer for causing the death of another, either negligently or intentionally. Wrongful death lawsuits fall into two categories: intentional deaths and negligent deaths.
Common examples of wrongful death cases brought under negligence include: medical malpractice, car accidents, bicycle accidents, motorcycle accidents, truck accidents, semi-truck accidents, medication errors, drowning accidents, slip and fall accidents, and defective products.
Usually, wrongful death claims are based on a theory of , victims must prove that the wrongdoer owed the deceased a, the wrong does breached that duty, causing damages as a result of the breach.
Under California law, Uber, Lyft, and other TNCs are required to carry an insurance policy containing $1 million liability coverage. Unfortunately, many times both passengers and pedestrians that have been injured by an Uber or Lyft driver’s negligence face a great deal of difficulties in recovering fair settlements. Our Ride-Share Accident Attorneys have helped many Uber and Lyft drivers that have been involved in accidents. Many feared being sued after their insurance company denies coverage under their insurance policy.
Next time you decide to use Uber for a night out in Hollywood, make sure the driver has the proper insurance coverage, such as Metromile, which is discussed below. Our Los Angeles Uber Accident Lawyer at KAASS LAW will frequently encounter the following questions: As Uber and Lyft passengers' what happens if we are not covered under an Uber or Lyft drivers insurance policy? What happens if the insurance company denies a passengers claim? What if Uber passenger sustained injuries and were rushed to the hospital? Will Uber pay for my medical bills, treatments, and other damages? How do drivers and passengers recover money damages? If you were involved in an Uber or Lyft accident or have any questions regarding ride-share insurance, Uber accident, Lyft accident, or any of the questions listed above, give us a call for a free consultation and maximize recovery for your Uber accident injury claims. represent Uber and Lyft drivers in Los Angeles, Glendale, and the San Fernando Valley.
Business startups are gaining increased attention from possible investors and many opportunities are becoming available for startups with low funds looking to jump into the market. There are many different types of investments funds, before jumping the gun ask yourself which type of investment fund is the best fit for your business startup?
There are different types of investment funds and vary based on the level of regulation, objectives, and type of authorized investments. The Investment Company Act (ICA) regulates investment companies. ICA defines an investment company as issuer of securities that is engaged, holds itself out as being engaged, or proposes to engage primarily in the business of investing, reinvesting or trading securities. Generally, investment companies under ICA are heavily regulated and must register with the Securities and Exchange Commission (SEC).
Under the ICA, the main type of investment companies are so called mutual funds, which must register with SEC and comply with other requirements of ICA. In general, any legal entity that sells securities to raise capital, and then invests that capital in other company in which it is not a majority owner, is almost certainly an “investment company” under ICA. However, there are certain exceptions under ICA, in which case, under the ICA, the entity is not considered an investment company and is less heavily regulated.
However, if the grant of asylum is always discretionary, the immigration judge must grant withholding of removal if the applicant meets the “more likely than not” standard. The credible testimony of the applicant may be sufficient to meet his burden of proof. If the applicant is able to show past persecution in his home country there will be a presumption that the applicant’s life or freedom will be threatened if the applicant is removed to that country.
The application for asylum also constitutes an application for withholding of removal, and the alien does not have to submit a separate application for that purpose. However, it should be noted that in contrast to asylum, the withholding of removal may be granted only by the immigration judge. Furthermore, the withholding of removal may be granted even though the alien has filed the application one year after his arrival to the United States. Withholding of removal is not available to an alien if:
To sum up, withholding of removal is an option for aliens fearing to return to their home country if the alien is not eligible for asylum. Although the grant of withholding of removal does not result in permanent resident status an alien can legally stay and work in the United States without the fear of being removed to his home country.
Give us a call, our attorneys at KAASS Law speak various languages including English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
Do you need more specific information? A Glendale immigration lawyer at KAASS LAW can provide you with any sort of legal assistance you may need. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
It is important for you to protect your legal rights when involved in a motorcycle accident. Never sign a document that is presented to you by the opposing insurance company without having an experienced California motorcycle accident lawyer review it for you first.
Many times, insurance adjusters will offer very low settlement offers. Other times the driver will deny fault and attempt to force the motorcyclist to admit fault. It is important that you consult with an motorcycle accident attorney to help preserve your rights. Call KAASS LAW and schedule you with a free consultation with an experience motorcycle accident attorney.
Our Los Angeles motorcycle accident attorneys represent riders in Glendale, Los Angeles, Burbank, Woodland Hills, North Hollywood, San Fernando Valley, and the surrounding cities.
Failing to hire an attorney to represent your corporation in court can lead to serious legal and financial consequences. Improperly appearing in court on behalf of your corporation without legal representation can delay or dismiss your case, or result in a default judgment for the other party. A default judgment means the opposing party could win the case without the court ever hearing your defense, leaving your corporation liable for damages, penalties, or other legal consequences. In addition to court-imposed penalties, failing to secure representation can result in missed opportunities to negotiate or settle disputes out of court. Experienced business lawyers often possess the strategic insight and negotiation skills to shorten the legal process or even prevent cases from going to trial. This could save your corporation significant time, money, and reputational harm.
A qualified business attorney guides you through complex court procedures, ensures you meet all deadlines, and protects your corporation's rights. Once served with a summons and complaint, your corporation typically has 30 days to file an answer with the court. Missing this deadline can result in a default judgment, leaving your corporation with no legal recourse. Moreover, business lawyers evaluate the strengths and weaknesses of your case and develop strategies tailored to your specific situation. Whether it's negotiating settlements, filing motions to dismiss, or representing your corporation in a full trial, having an experienced legal team by your side is invaluable. In many cases, having a business defense attorney involved early can lead to quicker, more favorable outcomes. Some attorneys may be able to negotiate settlements that avoid lengthy court proceedings altogether. Even if litigation is inevitable, a skilled attorney can work to expedite the process. Thus, reduce costs, and minimize the impact on your business.
One of the common concerns for corporations facing lawsuits is the cost of hiring an attorney. However, business defense doesn’t have to break the bank. Many law firms, including ours, offer various fee structures to accommodate the financial constraints of small and medium-sized businesses. These fee arrangements can include flat fees, hybrid fee agreements, traditional hourly rates, discounted fees, and capped fees. At KAASS LAW, we understand that the legal system can be both intimidating and costly. That’s why we strive to provide affordable and transparent legal services that fit your needs. Our goal is to offer high-quality legal representation while ensuring that our clients feel comfortable with the financial aspect of hiring an attorney.
Our attorneys are licensed to practice law in California. They have years of experience handling business litigation, corporate disputes, and defense cases. Whether your corporation is facing a breach of contract claim or other business-related litigation, our team is prepared to represent your corporation with professionalism and dedication. We have a deep understanding of California corporate law, and we take pride in defending businesses across various industries.
If your California corporation is facing a lawsuit, don’t wait to get legal help. Schedule a consultation with one of our experienced business law attorneys today. Remember, your corporation’s legal interests matter, and with KAASS LAW, you’re in capable hands. Contact us today to learn more about how we can help your business.
Our attorneys at KAASS LAW are authorized to practice law in California.
Usually a representative of the deceased’s estate or next of ken can file an Wrongful Death Claim. All states, including California allow spouses to bring wrongful death lawsuits on behalf of their partner. Parents may also bring wrongful death lawsuits on behalf of their minor children.
Medical expenses that the deceased incurred, funeral and burial costs, loss of the deceased person’s expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages.
Bringing a wrongful death lawsuit can be a complicated process, thus if an deceased's estate or family member is considering bringing a wrongful death lawsuit should seek the advice of a legal professional. If you are interested in bringing a wrongful death claim against a medical professional, hospital, or other wrongdoer, call our 24-hour answering line and request a free wrongful death consultation from a Los Angeles personal injury attorney.
California Insurance Commissioner allowed Uber to obtain additional liability coverage through an insurance company called, “Metromile”. Metromile Insurance Company offers drivers the opportunity to add coverage on top of their personal auto policy. If your driver has additionally liability coverage with Metromile, it goes into effect as soon as they turn on their app. In other words, once an Uber driver, begins working and turns on the Uber app, liability coverage with Metromile goes into effect.
What if I sustained injuries?
What should I do next?
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
A hedge fund is an investment vehicle that pools capital from a number of investors and invests in securities and other instruments. Generally, hedge funds share most, if not all, of the following characteristics:
In order to register a hedge fund under ICA it must fall under an exception of the act. ICA Section 3(c)(1) provides an exclusion from the 1940 Act for any fund that satisfies two requirements: (1) it must not be making or proposing to make a public offering of its securities; and (2) its outstanding securities must be beneficially owned by not more than 100 persons. Founders of hedge funds generally rely on this exception.
Hedge funds can be organized in a number of different structures and jurisdictions. Generally hedge funds are organized as limited partnerships or limited liability companies, which is preferable for tax purposes. Many parties are involved in the day-to-day operations of hedge funds, among which the most important is the Investment Adviser/General Partner. Overall management of a hedge fund, including decisions about portfolio investments, is typically the responsibility of either a general partner or a separate fund manager. Many hedge fund managers are registered as investment advisers under the U.S. Investment Advisers Act of 1940 (Advisers Act), although some exemptions from registration are available. For those interested in learning more can visit The California Hedge Fund Association which was founded to foster the growth and development of the hedge fund community in California.
Advisers Act is the federal statute that regulates most investment advisers doing business in the United States. Generally, investment advisers must register under Advisers Act, unless an exception applies. Where a hedge fund manager is unable, or chooses not, to rely on a registration exemption, it must register as an investment adviser, either with the SEC or a state. Advisers whose activities are deemed to be more national in scope, that is, those with $100 million or more in assets under management, as well as those in states that do not regulate advisers, must register with, and will only be subject to the regulations of, the SEC.
In general, investment advisers are responsible for recommending or selecting, based on discretionary authority, portfolio investments in accordance with their client's objectives and policies. Frequently, investment advisers place portfolio orders with broker-dealers and are responsible for ensuring best execution of client transactions. Even if investment advisers are not registered under Advisers Act, they are subject to a number of Advisers Act provisions, most notably the antifraud provisions and certain additional reporting requirements.
Although hedge funds do not need to register with SEC, hedge fund managers need to comply with a host of special reporting, disclosure, privacy and information-protection requirements. Many of these requirements are in addition to those imposed on registered fund managers by Advisers Act, and include regulatory reporting requirements, providing information to investors, privacy and information-protection requirements. Depending on investment activities, fund managers may be subject to record-keeping or reporting requirements of SEC and other regulatory authorities, such as the U.S. Department of the Treasury, the Commodity Futures Trading Commission, the Federal Trade Commission and others. Fund managers investing in non U.S. securities also must be cognizant of any similar requirements under foreign laws and regulations that may apply.
Private funds do not need to register with SEC if they fall under an exception of ICA. By structure and registration rules other private funds are similar to hedge funds. A common type of private funds are private equity funds. A private equity fund generally invests in non-public companies. Many variations of private equity funds exist, including venture capital, leveraged buy-out and mezzanine financing funds.
Private equity fund, the fund manager typically seeks capital from a number of sophisticated or institutional investors in the form of "capital commitments," which are generally fairly substantial in size, such as $5 million or more from each investor. Unlike the typical hedge fund, which accepts additional investments from investors throughout the fund's life, a private equity fund is generally a closed-end vehicle, meaning that after one or more fundraising stages, or “closings”, new investors are not accepted.
Unlike hedge funds or registered funds, which usually invest mainly in liquid, publicly traded securities, a private equity fund typically acquires large blocks of privately placed, generally illiquid securities from issuing companies. A private equity fund's success depends upon its portfolio companies increasing in value, often substantially, after several years and the fund being able to dispose of its holdings.
Small business investment companies (SBIC) are federally licensed entities employing, in part, federal funds and are subject to broad regulatory control by the U.S. Small Business Administration (SBA). A licensed SBIC is an incorporated entity, organized and chartered under state law solely for the purpose of supplying equity capital on long-term loans to small business concerns, providing consulting and advisory services, and investing funds not reasonably needed for current operations in various limited kinds of obligations. SBICs must only invest in small businesses.
In order to become a SBIC the entity must be licensed by the SBA. Prior to filing a license application, SBIC applicants must raise the greatest of the following three minimum capital requirements:
Hedge funds are probably the least regulated investment funds. Hedge funds do not have to register with SEC, although investment advisers, who are generally the managers of the fund, might have to register with SEC. On the other side, hedge funds allow greater flexibility in investments which makes this investment vehicle even more attractive.
Yes, you can call our business lawyers from KAASS LAW at 310.943.1171 if you have any further questions or to comment on how great this blog was. This content is intended for educational purposes only.