California law requires all drivers to purchase insurance that offers minimum liability amount of $15,000 of bodily injury coverage per person up to a maximum of $30,000 if two or more people are injured. In addition, drivers must also carry a minimum of $5,000 for property damage coverage. Oftentimes, if you are injured in an auto accident, the driver at fault may only have the state minimum, while your damages may be far more. For instance, if your total medical bills were over $15,000 and the at-fault party only have $15,000, you may not be able to recover for damages for pain and suffering.
Luckily, if your insurance policy also contains Uninsured Motorist "UM" and Underinsured Motorist "UIM" coverage, you may be able to file a claim under your UIM coverage. Underinsured motorist coverage will be able to provide a limited amount of coverage for injuries sustained by you and your passengers. This occurs when you are involved in an accident with another motorist who does not have enough insurance to pay for your injuries.
Uninsured motorst coverage provides protection for you and your pasangers for bodily injury sustained in the event the at fault party is not insured. As such, you and your passangers can file UM claims with your insurance company to recover compensation for your injuries. Unfortunately, oftentimes insurance companies use various tactics to try to avoid paying claims that are filed by their own insureds. Thus, it is very important to seek advice from an experienced Glendale personal injury lawyer as soon as possible to help preserve your claim. On the other hand, if you feel that your insurance company is wrongfully denying your claim, it is vital you seek advice from a personal injury attorney that has experience in handling first-party insurance bad faith claims.
There are several scenarios of how insurance adjusters try to deny and or devalue your UM and UIM claim. Some of these examples include the following:
Get help from an experienced personal injury attorney following an accident in California with an uninsured or underinsured motorist. Our personal injury attorney at KAASS Law team for a free no-obligation consultation, we are available 24/7. We also provide 24/7 accident assistance, call now at (310) 943-1171.
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Before you decide to buy an existing business, rather than starting your own business there are a few facts you may want to consider. While, buying an existing business may provide many advantage, its important to do your research and consider consulting with a Glendale business attorney prior to signing any agreements to ensure you have covered all areas to decrease the probability of any issues presenting itself in the future. In determining whether or not to buy an existing or established business consider some important factors such as valuation of the business, negotiating the business purchase, purchase agreement, and do your due diligence.
Its important to first determine the value of the business you wish to buy so that you don't end up over paying for it. There are a handful of methods for evaluating businesses, thus it important to understand which method the business owner used when it computed its business value. It is important that you determine or receive information regarding the actual, taxable “profits” or “losses” for the business. If you are unsure how business valuation works, it is recommend you speak to a experienced business attorney before entering into a purchase agreement. Our are who have vast experience in determining valuation of businesses and can review and consult you on your business purchase as well as, business valuation. We invite you to contact our office at (310) 943-1171 and schedule a consultation.
There are many types of spinal cord injuries that may result from a motorcycle accident. Some of those include bulging dicks, sciatic nerve damage, herniated disks, partial or total paralysis. If you have suffered a spinal cord injury due to a motorcycle crash you may require to seek physical therapy, chiropractic care, or other surgical procedures to help with the pain. Medical professionals are able to evaluate the extent of the spinal cord injury and decide if surgery to decompress and stabilize the spinal cord is necessary.
When you are involved in a motorcycle accident and suffer injury, you are legally entitled to compensation by negligent and responsible parties, or their insurance carriers. We invite you to contact one of our Glendale motorcycle personal injury attorneys and see how we can help you recover from your medical bills and help you get the compensation you deserve. Our Glendale motorcycle accident attorney will review your accident claim, evaluate your case, and consult with you on your options, and connect you with experienced medical professionals to get you the proper care. Please call our office at (310) 943-1171 and speak to an experienced motorcycle accident attorney today.
Commercial Lease Agreements vs. Residential Lease Agreements California commercial lease agreements and residential lease agreement have a few major differences between them. In California, there are a few legal protections available for commercial leases in comparison to residential lease agreements. For instance:
Many business owners believe that incorporating a business is too costly and time consuming. On the other hand, you may be wondering if you truly need to incorporate your business. Quiet frankly, business owners' may find themselves facing personal debts and liabilities in the event of a business dispute or lawsuit. Consequently, business owners then find themselves racking up far more legal fees, costs, stress, and lengthy lawsuits.
There are number of ways California business owners can benefits from incorporating their business. Likewise, California offers a number of different business forms which a business owner may file under. The California Corporations Code outlines minimum filing requirements for incorporating businesses in California. Not all business structure are alike, each offer different benefits and posses disadvantages. Choosing the business structure that best fits your needs its probably the most vital questions any business owners should ask themselves. After all, the foundation and structure of which you build your business will play a major role in your success. Thus, it is a good idea to contact a that can consult you on your options and help you fill in the gaps. We invite you to contact our office and schedule a consultation with a Los Angeles business attorney with strong background in business and economics. Our , near Los Angeles is committed to provide a balanced approach to your legal needs, sound advice and assistance to prevent and or resolve problems.
As an owner of a registered trademark or service, you probably wonder when others are responsible for infringing your mark. You should know that the test for trademark infringement is the likelihood of confusion as a result of the similarity of the marks.
A person may be liable for infringement of a federally registered mark if his use of a mark in relation to any goods of services is likely to cause confusion, mistake or to deceive. 15 U.S.C.A. § 1114(1). This test to determine whether a registered mark is being infringed is known as the test of likelihood of confusion.
The test of likelihood of confusion includes not only the confusion as to source but also as to affiliation, connection or sponsorship. Champions Golf Club v. Champions Golf Club, 78 F.3d 1111, 1121 (6th Cir. 1996) (internal citations omitted). This means that a user of a mark may be liable for trademark infringement if the use creates a likelihood of confusion that the goods are affiliated to, connected with or sponsored by the owner of the registered mark.
California Vehicle Code § 12500 It is illegal in California to drive a motorcycle or any motor-driven or motorized cycle. You would need to have a valid driver's license to do so. However, a driver's license doesn't need to be the only thing that is applicable in California. Nonresidents of California can drive in California as long as they are over the age of 18. Also in their possession is a valid driver's license from the jurisdiction in which they reside. According to California Vehicle Code § 12503, if the jurisdiction in which the individual resides does not require a driver's license, then the individual can drive in California without a driver's license, but not to exceed 30 days.
According to California Vehicle Code § 12505, an individual’s place of residence can be a determination by their “,” which is the state where a person can show a fixed, and permanent home and principal residence and to which he or she can return when absent. An individual is domiciled in the state in which they intend to live for an indefinite amount of time. If the individual came to California from Nevada with the intent to stay for a month and then return back to their home in Nevada, then their domicile, and residency, is in Nevada. Courts will typically look at evidence such as: where an individual can register to vote; where an individual pays taxes; and whether the individual pays resident tuition at a university in order to establish an individual’s state of residency.
The new law will make it illegal for Uber drivers to drive with a BAC (blood alcohol content) of 0.04 or higher. Effective July 1, 2018, California ride-sharing drivers, like Uber and Lyft , and other commercial-for-hire vehicles will have stringent DUI laws.
The AB 2687 bill will amend the Vehicle Code Section 23152 (e): Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “ means a passenger for whom consideration is of carriage in the vehicle.
Under California law, drivers are required to carry liability insurance when operating a motor vehicle on a public road. If you were involved in an accident, due to the fault of another, while operating a motor vehicle without liability insurance you likely fall under "Proposition 213". Under California law, uninsured motorists involved in traffic collisions within the State of California, whether or not the collision was caused by the uninsured motorist, are not allowed to recover general damages such as pain and suffering. HOWEVER, there are exceptions to Prop 213. For instance, Prop 213 strictly applies strictly to drivers and not its passengers. If you have been involved in a car, truck, motorcycle, bus or other motor vehicle accident, do not rely on this as legal advice. Speak to a Glendale accident attorney today and request a free consultation
There are certain exceptions to Prop 213. For instance, Prop 213 does NOT limit your ability to recover medical costs, lost wages, damaged property, or compensate you for future medical charges. As an uninsured motorist, Proposition 213 creates serious difficulties, fears, and frustrations to your accident claim. Regardless of your insurance status, adjusters are skilled in limiting the damages you can recover. Even if you are entitled to compensation, insurance companies can hold your lack of coverage against you in your claim. Thus, if you fall under Prop 213 uninsured motorists, your difficulties just got harder. There are exceptions to the rule, and with a knowledgeable and established , you can receive the compensation you deserve.
What can plaintiffs, in California, do if they have been wronged, but have only suffered a minor loss or do not have the funds necessary to file a claim? For example, if a bank has been wrongfully charging their clients fees for a year, and each client has suffered a loss of about $100, what options do these clients have? It would not be feasible for each client to file a claim against the bank because the costs would likely outweigh their potential award. In this case, the wronged clients have the option of filling a “class action” suit. California Civil Code § 1781 describes class action lawsuits, and the requirements to receive certification. “Any consumer entitled to bring an action under Section 1780 may, if the unlawful method, act, or practice has caused damage to other consumers similarly situated, bring an action on behalf of himself and such other consumers to recover damages or obtain other relief . . . .” Cal Civ Code § 1781. In order to obtain a class action certification, the court must first find that it would be impracticable for all the members of the wronged class to be brought before them. Second, the issues or facts that are common to the class must be “substantially similar” and must predominate any other issues that affect the individual members of the class. Third, the claims or defenses of the parties representing the class must be typical of the class itself. And lastly, the representing party must fairly and adequately represent the class as a wholeIf a class action suit is certified, members of the class must be notified about the suit. Notifying class members about the suit is important because all members of the class will be bound by the judgment, whether it be favorable or not. If a class member wishes to not be bound by the judgment in that particular suit, they must request to be excluded by the dates specified. Class members who have been notified of the suit, and have not requested exclusion, will be notified if the suit is dismissed, settled, or compromised. Give us a call, speak English, French, Spanish, Russian, Armenian 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. Our , at KAASS LAW do 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.
There are five (5) common business valuation methods, which include the following:
Upon finalizing the sale of a California business, generally the seller will have his or her business attorney prepare a Purchase Agreement, which will sets forth the terms and conditions for the purchasing of the business in a binding contract. It is highly recommend that you retain a business attorney to review all the details of the purchase agreement to ensure you didn't miss anything throughout the process. Otherwise, you may end up with the shorten end of the stick, which is something you want to avoid, of course. KAASS Law would be happy to assist you with these matters. For the most part a purchase agreement includes details about what you are purchasing with the sale of the business, such as, inventory, customer list, equipment, and any other property.
Conducting your due diligence prior to purchasing an existing business is critical! Before you commit to anything make sure you do your research on the company from top to bottom, not leaving any loose ends. Often times, business owners quickly jump the gun and fail to investigate and ask questions and find themselves in agony a few months down the line. For instance, a business owner purchase an existing business and is in violation of zoning laws, has judgements against them, or has a pending lawsuit. Other times, a business owner may purchase a business and the office space that was leased with the purchase has reoccurring pipping issues which cause flooding. In cases like these, business owners will find them filing business insurance claims because their unit was damaged due to the flooding, which results in temporary stopping business operations. In such cases, if an owner had conducted their due diligence, they may have discovered that the reoccurring pipping issues.
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While spinal cord injury symptoms after a motorcycle crash are usually immediate or sometimes symptoms may be delayed as swelling or bleeding occur in or around the spinal cord. Common spinal cord injury symptoms may occur when there is:
Often times motorcycle accidents result in severe spinal cord injuries which may require the victim 24-hour-a-day personal care, the use of powered wheelchairs with special controls to move around on their own, or may require complete assistance with activities of daily living, such as eating and dressing. When such injuries occur, medical bills begin to pile up. Thus, it is imperative that motorcycle accident victims speak to a motorcycle accident attorney as soon as possible so that you may preserve your claim. Our Glendale motorcycle attorneys at KAASS LAW can help you get the treatment you need and recover compensation for medical bills, hospital bills, pain and suffering, future treatment, lost wages, loss of income, loss of future income, and other related losses.
Other common motorcycle accident injuries include the following:
Hiring a Los Angeles motorcycle accident attorney can help motorcycle accident victims’ preserve their accident claim, increase compensation, and avoid having to deal with the difficulties of insurance companies and insurance adjusters. As experienced motorcycle accident litigators, we have successfully litigated various personal injury cases. KAASS Law understands the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury or accident case. Please call our office at (310) 943-1171 and speak to an experienced Los Angeles motorcycle accident attorney. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
https://youtu.be/IqDmzE_l69o
Before signing a commercial lease agreement, it is vital that you review all the terms and ensure that the terms included in the lease agreement will meet the needs of your business. Failure to review the terms thoroughly prior to committing to and signing a lease can lead to unfortunate consequences in the future. Thus, if you are a business owner and wish to enter into a commercial lease agreement it is vital that you have a experienced Glendale business attorney review your commercial lease agreement prior to signing in order to avoid adverse consequences in the future.
These are only a few things a business owner should consider when entering into a commercial lease agreement. Our experienced business law in Los Angeles, CA are available to review for your commercial lease agreement and consult with you on which provisions need changes to ensure you rights are protected. Call (310) 943-1171 and speak with a Los Angeles business law attorney. We are available 24-hours a day.
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, San Bernardino, 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.
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Prior to starting a business, a business name must be selected that is not already in use. You can find out if the fictitious business name you choose is available for use by going to the Los Angeles County Registrar-Recorder website. If the business name you selected is available, you may then register with the Registrar-Recorder/County Clerk's Office. Likewise, fictitious business name statements must also be filed with the Registrar-Recorder/County Clerk's Office.
Starting a business is no small task and you should be confident in your abilities to successfully form your business. California offers a number of business structures you can utilize to accomplish certain things. Choose the business structure that best fits your needs.
Sole proprietorships are the basic business form under which a business owner can operate a business. It is important to remember that sole proprietorships are not legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. In other words, a sole proprietorship is owned by one individual, of which is personally taxed on income and is personally liable for debts of the business. Thus, if you are a sole proprietorship, consider registering a sole proprietorship into a corporation. This way you not only protects your personal assets and personal liability, but you also tell the world that you take your business seriously.
A corporation, in its legal form, is an entity separately from you, the business owner. In California, corporations are considered to be an “entity”, you can think of it as a separate “person”. One benefit of registering and filing your business under a corporation is it can shield business owners from personal liability and debits. A corporation is also taxed and so are its shareholders.
A limited liability company, commonly referred to as an “LLC”, offers liability protection like a corporation, but is not taxed as an entity. Instead, the LLC's income is usually taxed through the individual on their income. Corporations provide limited liability protection to their owners. Typically, the owners are not personally responsible for the debts and liabilities of the business; thus, creditors cannot pursue owners’ personal assets.
In order to show likelihood of confusion, there must be a probability of confusion; mere possibility of confusion is not enough. Nora Beverages, Inc. v. The Perrier Group of America, Inc., 269 F.3d 114, 121 (2d Cir. 2001) (internal citations omitted). It should also be noted that plaintiff does not have to prove actual confusion in order to show that the defendant is liable for trademark infringement. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176 (9th Cir. 2007) (internal citations omitted). If the plaintiff is able to show likelihood of confusion the defendant will still be liable for trademark infringement even if the plaintiff shows no instances of actual confusion.
The test for likelihood of confusion is whether a reasonably prudent consumer is likely to be confused as a result of the similarity of the marks. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (9th Cir. 1998) (internal citations omitted). The likelihood of confusion exists when there is a likelihood that an appreciable number of reasonably prudent consumers is likely to be misled or confused because of the similarity of the marks. McGregor-Doniger, Inc. v. Drizzle, Inc., 599 F.2d 1126, 1130 (2d Cir. 1979) (internal citations omitted). To sum up, there is a likelihood of confusion when there is a probability that an appreciable number of reasonably prudent consumers will be confused as to the source, affiliation, connection or sponsorship of goods or services because of the similarity of the two marks.
Federal courts in different federal circuits have come up with multi-factor tests in order to determine whether there is a likelihood of confusion or not. The test in the 9th Circuit, which includes the State of California, is the eight-factor Sleekcraft test pursuant to which the court shall consider the following factors to determine if there is a likelihood of confusion or not:
These factors are not requirements but are helpful guidelines for courts in order to determine whether there is a likelihood of confusion or not. Eclipse Ass’n, Ltd. v. Data General Corp., 894 F.2d 1114, 1118 (9th Cir. 1990). The application of the text shall be flexible, and there is no specific formula setting forth how the factors included in the text shall be considered. Nautilus Group, Inc. v. ICON Health and Fitness, Inc., 372 F.3d 1330, 1346 (Fed. Cir. 2004) (internal citations omitted). The important question is what the analysis as a whole reveals about the issue of likelihood of confusion. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir. 2002). This means that none of the factors is determinative but the analysis as a whole shall answer the question whether there is a likelihood of confusion or not.
It should be noted that the degree of similarity of marks necessary to show likelihood of confusion varies depending on the competitiveness of goods and services. The more similar the goods or services the less similar marks need to be in order to prove likelihood of confusion. Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 877 (internal citations omitted). Conversely, “… the greater the degree of similarity between the marks, the lesser the degree of similarity between the goods is necessary to support a finding of likelihood of confusion.” The Board of Regents, University of Texas System v. Southern Illinois Miners, LLC, 110 U.S.P.Q.2d 1182, 1189 (internal citations omitted). Hence, if the marks are very similar the court may find a likelihood of confusion even if the goods or services at issue are not very similar. To summarize, your trademark or service mark is being infringed if a use of another mark creates a likelihood of confusion among consumers. If the other mark is very similar to your trademark or service mark you might have a cause of action for trademark infringement even if the goods or services are not very similar. If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to one of our experienced business attorneys at (310) 943-1171.
Under California Vehicle Code 12500(a), a person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
VC 12500(a) driving without a valid license can be charged as either a California infraction or a California misdemeanor. The misdemeanor penalties for driving without a license can include:
In order for the court to prove that you are guilty of driving without a valid license, they must establish two elements:
Under California law, it is a requirement for drivers to carry liability insurance when operating a motor vehicle on a public road. If you got into an accident, due to the fault of another, while operating a motor vehicle without liability insurance, you likely fall under “Proposition 213”.Under California law, uninsured motorists involved in traffic collisions within the State of California, whether or not the collision was the cause by the uninsured motorist, they cannot recover general damages such as pain and suffering. KAASS Law may be able to help you either dismiss or reduce your VC 12500 charges to a less-serious infraction. If you were involved in a motorcycle accident you were both unlicensed and uninsured at the time of the collision, we further invite you to call our Los Angeles Motorcycle accident lawyer at (310) 943-1171 any time! Our law firm is dedicated to getting our clients the compensation they deserve. Get in touch with our law firm now or sign up online for a free consultation and case review. We speak English, French, Spanish, Russian, and Armenian. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Moreover, this considers to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, there is a rebuttable presumption of this matter. If a person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
For questions about your Los Angeles Uber accident case or any Uber or Lyft related accidents, we invite you to call our office and speak to our Los Angeles uber accident attorney for free consultation. We speak English, Spanish, Armenian, Russian, French, and Italian.
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 or inactions based on 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.
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.
It is important to find an experienced accident attorney that is experienced with accidents involving Prop 213. 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 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.