Attention always competes for multiple inputs with smart devices and, along with text messages, emails, and calls coming in. With technology comes convenience, but there is no doubt that it has elevated the level of distracted driving on our roads. California as a state has had its fair share of accidents since people are not mindful of their surroundings while driving. Assembly Bill Number 47 (AB 47) marks an important development in California's longstanding battle with distracted driving. At KAASS LAW, we cover cases of distracted driving and legal disputes related to it. Additionally, at the same time, we are advocates for road safety. The following will shine a light on AB 47 and what it means for drivers in California.
Ignoring the issue of distracted driving is closer to ignoring danger altogether; it accounts for a large number of road traffic accidents, injuries, and deaths. People are so wired up to their phones that all the actions listed above are deemed socially acceptable. All of these interfere with reactions, the ability to focus, and attention. Each one of them is bound to increase the time taken to respond to changes on the road. Given the seriousness of the problem, lawmakers in California have always been in search of ways to encourage people to consider relinquishing their stranglehold on distractions when driving.
Assembly Bill Number 47, signed into law, specifically targets repeat offenders of California's hands-free cell phone law. While the state already prohibits holding and using a cell phone while driving (with limited exceptions), AB 47 aims to increase the penalties for drivers who repeatedly violate this law within a 36-month period.
AB 47 underscores the seriousness with which California views distracted driving. It sends a strong message that repeated violations of the hands-free law will not be tolerated and will have tangible consequences for a driver's record and driving privileges. This law has several important implications:
While AB 47 specifically targets handheld cell phone use, it's crucial to remember that distracted driving has a range. Any action that diverts a driver's attention from the primary task of operating a vehicle safely can be dangerous. This includes:
While AB 47 focuses on handheld cell phones, drivers should be aware that engaging in other forms of reckless or negligent driving due to distraction can still lead to traffic tickets, accidents, and civil liability.
If you have been injured in a car accident caused by a distracted driver, you have the right to seek compensation for your injuries and losses. At KAASS LAW, serving various communities throughout California, our experienced personal injury attorneys can help you:
Alternatively, it is worth mentioning that distracted drivers are one of the most dangerous drivers for a motorist.
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
A judge issues a bench warrant, also called a "body attachment," as the most common arrest warrant in California. A judge issues a bench warrant, ordering the immediate arrest of a person. Judges issue bench warrants under California Penal Code sections 166 and 978.5. A bench warrant arises from a failure to follow the terms of a pre-existing offense. Not from the suspicion of criminal activity.
California judges can issue a bench warrant for failure to appear in court. If a person fails to appear for any scheduled court date, the judge can issue a California bench warrant. Failure to appear warrants constitute the most commonly issued bench warrants. Some examples include but are not limited to:
California Penal Code Section 18710 prohibits the illegal possession of destructive devices other than fixed ammunition of a caliber greater than 0.60 inches.
The prosecutor must establish the following elements to prove that the defendant is guilty under California PC Section 18710 possessing destructive or explosive devices.
In California a destructive device is defined as the following:
There has been a lot of discussion about the privacy protections provided by the 2018 California Consumer Privacy Act (CCPA). Nevertheless, perhaps one of the CCPA's most relevant provisions will be one that has been somewhat overlooked: Section 1798.150, which allows for statutory damages of between $100 (US dollars) and $750 (US dollars) per user for certain data breaches per event. Indeed, if California had adopted Section 1798.150 alone, it would have gained dozens of studies on how its statutory remedy for damages would possibly lead to an increase in private class action "bet-the-company" lawsuits over data breaches. It has resulted in commentators spending less time analyzing its impact on businesses because it was enacted as just one provision in a first in the nation privacy law.
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.
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 Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
Under California Penal Code Sections 1377 and 1378 a civil compromise is a method that allows people charged with misdemeanors to have their cases dismissed after compensating the victims for the caused damages. When the case does not involve violence and includes property damage, and the victim is cooperative, the defense can file a motion to dismiss the case after presenting proof of fully paid restitution. Typically, as a result of a civil compromise, only misdemeanor charges can be dismissed. Felony charges are inappropriate for civil compromise since severe crimes harm and endanger and the entire community, not only the victim, and payment the compensation to the victim will not redress the harm done to the society. Generally, civil compromise is only available when the same illegal act results both in criminal and civil liability.
The victim receives compensation for the damages and losses more quickly and effectively, and does not need to appear in court to testify at a trial or hearing.
The defendant can get a full dismissal of his and will not have a conviction on his record. The defendant will also avoid further consequences such as jail time, additional fines and fees, probation, and community service. A full dismissal of the criminal case will help the defendant to avoid issues.
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
A possible defense for a Penal Code section 417.4 PC offense include the following:
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at Kaass Law at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
KAASS LAW Woodland Hills Office 6320 Canoga Ave Woodland Hills, CA 91367 KAASS LAW San Bernardino Office 570 West 4th Street, #300, San Bernardino, CA 92401 KAASS LAW San Diego Office 4445 Eastgate Mall Suite 200, San Diego, CA 92121
Additionally, the judge may issue a bench warrant if a person indicted by a California grand jury is not present at the indicated time.
If a person willfully fails to appear in court after receiving a written promise to appear, the prosecution will charge them with "failure to appear" as a misdemeanor. This is punishable by up to one year in county jail and/or a maximum fine of up to $1,000.
If a person released on his own recognizance for a misdemeanor case willfully fails to appear in court within 14 days of a scheduled date, he will face additional charges of misdemeanor "failure to appear" for evading the process of the court. In this case, a person may face a fine of up to $1,000 and a sentence of up to six-month in county jail.
If a person released on their own recognizance for a felony case willfully fails to appear in court within 14 days of the scheduled date, the court will charge them with felony "failure to appear." A person may face a minimum fine of $5,000 and a sentence in a county jail or state prison. In case fail to appear in court involves a felony case where a person posted bail, the maximum fine increases from $5,000 to $10,000.
If a person willfully fails to pay court fines or ordered restitution the court may also issue a bench warrant. According to California Penal Code section 1203.04 a willful failure to pay a fine or restitution if a person has financial ability to do so is a misdemeanor and is punishable by up to one year in county jail
The court can also issue a bench warrant if a person fails to obey its orders. If a person fails to complete a report for drug-testing, community service, or court-ordered classes, the court will charge them with a probation violation.
California Penal Code section 1214.1 states that if a person fails to pay a fine on time, violates a written promise to appear in court, or disobeys a court order, the court may charge a penalty assessment of up to $300,000 and refer the case for collection. According to California Vehicle Code section 40508(d) if a person willfully fails to pay on time any fine or portion thereof due to a conviction for an infraction the court can also suspend his driver's license for 30 days.
In case you have a bench warrant out for your arrest, it is important to contact an experienced criminal attorney. Call (310) 943-1171 today for a free consultation. If you or a loved one has been issued a bench warrant, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.
In California, there are many prohibited devices and weapons and some of them include bombs, missiles, rocket or grenade launchers, and land mines
According to California law possession of destructive devices can be actual and constructive. Actual possession is when the defendant has the dives in his physical possession. Constructive possession occurs when a defendant has control over the device but doesn’t have actual possession over it. Consequently, a defendant doesn’t have to actually touch or hold the device for it to qualify as a possession.
Penalties for a PC section 1817 conviction is a wobbler and can be punished as either a misdemeanor or a felony, depending on the defendant’s criminal history and the case facts.
Penalties for misdemeanor penal code 18710 conviction include the following:
Penalties for felony penal code 18710 conviction include the following:
Under PC 18715 reckless or malicious possession of a destructive device in the following locations can increase the sentence:
The defendant will face felony penalties of two, four, or six years in state prison.
In case the prosecutor establishes that defendant had the intention to intimidate, injure, or terrify a person, or to wrongfully destroy or injure or property under PC 18740 the penalties include three, five, or seven years in state prison.
In case the defendant had malicious intent to injure another person with the device under under PC 18755 the penalties include five, seven, or nine years imprisonment in state prison.
In addition to state criminal liability, a person may be subject to federal liability. Under 18 U.S. Code § 844, it is unlawful to:
It is a federal crime to do so without a license. If the device is discovered during the commission of another crime or near critical facilities such as:
The case may be transferred to federal jurisdiction.
In addition to incarceration and fines, a conviction under the Explosives Possession Statute carries collateral consequences. These include:
And for aliens:
In addition, if the offense is found to be related to street gang activity, the court may order the convicted person to register as a gang member. Contact KAASS LAW at (310) 943-1171 for a consultation.
In case the defendant caused death to another person under PC 18755, the penalties include a life sentence without the possibility of parole.
California Civil Code §1798.82 allows individuals or businesses in California to notify citizens if a person experiences a security breach. Interestingly, section 1798.82(h) describes “personal information” as much narrower than that of the CCPA, to be either of:
The legislation mandates that notification be given to the affected individuals within the most expedient time possible and without delay. Or any appropriate action to assess the extent of the violation and restore the data system's fair integrity.
Section 1798.81.5 of the California Civil Code specifies that "a company that owns, licenses or preserves personal information about a citizen of California shall adopt and retain reasonable security procedures and practices relevant to the nature of the information to protect personal information from unauthorized access, destruction, usage, alteration or release". The law also requires that any business that discloses personal information under a non-affiliated third party contract requires that non-affiliated third party implement and maintain reasonable security procedures and practices.
Before the California Consumer Privacy Act, there was a private right of action for data breach disclosure breaches and information. California Civil Code Articles 1798.84(b). Nevertheless, this private right of action does not provide for statutory damages.
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.
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.
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
When considering a civil settlement in California, it is important that both the defense and the alleged victim understand the legal and strategic implications. While the benefits are clear - dismissal of the case for the defendant and restitution for the victim - courts are still reluctant to do so. Defense attorneys often facilitate this process by negotiating directly with the victim or their attorney and preparing all necessary documentation to present to the court. Judges may also take into consideration the defendant's criminal history, the nature and extent of the harm caused, and whether the defendant has shown genuine remorse and responsibility. It is worth noting that not all jurisdictions in California treat civil compromise motions the same way. Some counties and judges are more open to such motions, especially in cases involving first-time offenders and minimal damages, while others may be more skeptical. Such differences mean that an experienced attorney can play an important role in successfully navigating the civil compromise process. Ultimately, civil compromise is a unique and potentially powerful legal tool, but it is not a guarantee. It is important to thoroughly understand its capabilities and limitations before proceeding. Contact KAASS LAW if you or your loved one faced with this problem.