This program provides individuals who live in their vehicles with a safe space to park and sleep overnight.
Safe parking is available in the neighborhoods such as Reseda, East Hollywood, Echo Park, Downtown Los Angeles, Melrose Hill, Sawtelle, Westchester, Culver City, and West Los Angeles.
The program provides the following to those who qualify for the program:
To sign up to participate in this program, an individual must fill out a form called the interest form. This form asks general questions such as the applicant’s name, date of birth, gender, ethnicity, as well as the location preferred to be in. Once the interest form is complete, the applicant will also need to provide vehicle registration, insurance, and a driver’s license. This can be accomplished by filling out the vehicle form.
The primary eligibility for enrollment for Safe Parking are:
As mentioned, an individual interested in the Safe Parking Program also needs to fill out both an interest and vehicle form, which can be found here:
Safe Parking may be available to the following individuals:
California is one of many states that are considered car-dependent. The kind of offer of lending your vehicle to another person is quite common. However, such an innocent act may result in accidents and injuries, given the circumstances. A typical question always pops up when you're in this situation: am I liable for this, even though I wasn't the driver? The state of California also recognizes a legal doctrine called negligent entrustment. Applying to the law, this can potentially hold the vehicle owner liable for damages due to permitting someone else to drive their vehicle. At KAASS LAW, we understand and help resolve these complex cases with our expert team. The following will aim to shed light on negligent entrustment in California, and we can offer legal services, given the opportunity.
Negligent entrustment means that you can be liable and legally responsible if you lend your var to someone you knew or should have known potentially driving negligent and or recklessly. Usually negligence falls under the person that initiated the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
California Vehicle Code does not have any limitations with regards to the age of drivers, that's why it is easy to notice both young and old drivers on roads. However, senior-aged drivers can have more problems while driving and can cause more car accidents. The reasons for the above mentioned are very simple-the physical conditions of the elderly drivers do not let to drive more carefully. For example, a driver of a senior age can suffer from problems with eyesight, thus can fail to notice any marks and signs on the roads. Not hearing the traffic can also become a problem and lead to car accidents.
California law requires drivers that are 70 years or older to renew their drivers license.
As mentioned above, you must complete the driving license renewal process in person to allow the DMV to evaluate your condition before deciding. The DMV may require the elderly driver to undergo a medical evaluation to assess their physical and mental condition. The medical evaluation shall include:
Car accidents, unfortunately, happen every day and cause damages to both the vehicle leading to negative economic consequences to drivers but also their life and health. Car accidents are caused by different reasons such as hydroplane car accidents, accidents involving elderly drivers, and ordinary accidents happening because of the negligence of the drivers. One of the types of car accidents is defective tire accidents.
Manufacturing defects are related to such issues, which, arising during production, make the tire differ from particular specifications.
Design defects are considered to be in place if the tire doesn't perform as safely as it can be expected by an ordinary customer and place risk of danger on the latter.
In the case of the manufacturer, the designer does not provide instructions, safety warnings to the use of the tires and lead them to cause damages, it is considered that the tire had a warning defect.
Getting compensation for medical bills and expenses is the first thing that comes to anyone's mind after an suffering injuries from an auto accident. Usually, the at fault party responsible for the accident or the injuries should be liable for your medical expenses. However, they do not usually pay compensation immediately after the accident. To better understand the medical bill's compensation process, let's examine it part by part.
As discussed, the liable party or their insurer is responsible for your medical bills, but they typically don't compensate immediately. If you're waiting for a settlement or trial, your insurance company—private or government—can pay your bills. However, there are also common causes, when the injured party does not have health insurance.
The legal regulations allow giving discount or payment plans to uninsured parties or to any person "whose income does not exceed 350% of federal poverty level" Another option is "medical lien". It lets the healthcare provider receive payment from the personal injury case's judgment or settlement. This mechanism lets the patient pay after resolving the case. However, few hospitals or medical organizations will agree to this scheme, as they risk not receiving payment if the case fails. This scheme can also be risky for you as if you do not succeed with your case, you shall be liable for the remaining part of the expenses. If you have insurance but doubt whether you should use it or give a medical lien, it is recommended to use the insurance. If you use it, the medical help providers cannot charge you in full rate, exceeding your contract rate. Also, in the case of insurance, you have more options for healthcare providers to choose from. To sum up, choose your insurance unless you lack it or your insurance doesn't cover the services you need.
While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an drowning accident happens.
You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.
Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:
California law criminalizes the act of conducting "assault" and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury. Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.
Under Penal Code section 245.5 PC the victim is the "school employee". A victim qualifies as a school employee if they are a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under "school employees".
To be found guilty under PC 245.5, the prosecution must prove that:
Have you ever heard of card rooms; state-run lotteries? Have you ever wondered whether California considers horse race wagering legal? This article will provide an overview of existing gambling regulations.
Though there is no certain definition for gambling under California State Law, the practice shows that the following elements shall be present to qualify the actions as gambling:
The California State Constitution considers gambling illegal in California. However, some types of gambling are exceptions to the general rule. Particularly, California law permits:
The main legislative act regulating gambling in California is called Gambling Control Act. This act sets out the relevant licensing terms for the entities, which are involved in the gambling market. California Gambling Control Commission issues particular regulations for gaming licenses. Besides, it also issues licenses to owners, supervisors, players, and employees of gambling institutions. It is considered that licenses shall be renewed bi-annually and they may not be assigned or transferred in whole or in part under California Business and Profession Code. This means that a separate application for receiving a license must be submitted for there to be a change in corporate control of the licensed entity. California allows tribal casinos, and the state and the tribe negotiate their regulations. The regulations will cover revenue sharing details, licensing terms, and other related matters.
In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.
California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state.” At the end of a divorce, community property is generally split 50/50.
In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.
In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".
Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
CCPC 193.8 states that: "An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist: (1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished. (2) A petition was sustained, or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5. (3) The minor does not otherwise have a lawful right to possession of the vehicle."
Some possible defenses to negligent entrustment include:
Additionally, one can argue that the car owner was not aware that the driver (who allegedly caused the accident) was not a reasonably safe driver due to having a clean driving record and possessing a valid driver's license.
While you can't control the actions of every driver on the road, you can take steps to protect yourself from potential negligent entrustment claims:
If you have been injured in an accident caused by someone driving a vehicle they were negligently entrusted with, or if you are a vehicle owner facing a negligent entrustment claim, it is crucial to seek experienced legal counsel. At KAASS LAW, our skilled attorneys can:
The concept and doctrine of negligent entrustment show a big key in the responsibility of the vehicle owner. By understanding this legal concept and taking action towards safety, both vehicle owners and those injured by negligently entrusted vehicles can navigate the complexities of California law. Contact KAASS LAW today for a consultation to discuss your specific situation and learn how we can help. Alternatively, to know more about negligence, especially gross negligence in California, KAASS LAW can offer guidance.
The following medical conditions can be a reason to suspend your driving license:
The DMV also considers the medications elderly people use to treat illnesses, as their side effects can cause drowsiness and dizziness, impairing driving.
The common sources which DMV has to assess driving conditions of the elderly person can be:
In the event there are threatening physical or mental conditions, the DMV can ask you to submit a DMV driver medical evaluation regarding your medical history with your doctor. Another option is to ask for re-examination (including a driving performance test).
Pursuant to California Vehicle Code 14100, you can challenge the revocation at DMV administrative hearings. The period for such a request is 10 days after receiving the notice of revocation. If the hearing result is unsatisfactory and the license does not renew, the next step involves the department reviewing the case. The period for submitting for this review is 15 days after receiving the decision. In any case, you have the right to challenge the decision in court if neither the 14100 hearing nor the department review gives any result. The period is:
There are a number of steps older drivers can take to keep their license. First and foremost:
This will allow you to monitor your health and identify potential problems early. Older drivers are also advised to have their vision checked in a timely manner. Be sure to wear corrective lenses if necessary. In addition, it is important to avoid taking medications while driving that cause:
To successfully pass a DMV recertification, a driver should prepare in advance. You can take additional training at a driving school or take a few lessons with an instructor. It's also a good idea to study the current rules of the road and take practice tests.
In some cases, the DMV may impose restricted driving conditions instead of suspending a driver's license altogether. For example, a driver may only be allowed to drive during daylight hours. Such restrictions allow you to maintain your mobility while minimizing the risk to public safety. Contact KAASS LAW for advice and representation.
Experienced and professional legal assistance can help you to challenge the DMV decisions and renew your license-restoring your right of driving. We invite you to contact KAASS LAW at (310) 943-1171 for a free consultation on your case and further assistance.
As discussed above, if it is believed that the case of an accident arose out of a defective tire, the liable party of said accident may include:
Generally, to prove that the defect of a tire was the reason for the accident, an qualified expert would testify in the form of expert testimony. Common examples that the expert would need to testify to includes:
You shall also prove that you used the tire in a foreseeable manner and the defects occurred before your use of the vehicle. Expert's opinion shall also assist you with this evidence.
Family members are entitled to file such lawsuits and receive compensation. The family members having such rights are:
Other common losses
Compensation in a defective tire lawsuit can include the following:
The defendant can bring different arguments supporting his position, such as that the tires were affected not by his fault but by your negligent use. For this reason, it is essential to receive professional assistance and consult an experienced attorney.
If you or a loved one has been in a defective tire accident, contact our Los Angeles Personal Injury attorney at (310) 943-1171 for a free consultation and case review. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
Medical expenses after a car accident can include a wide range of services. For example, they may include not only the initial hospitalization, but also subsequent recovery:
In the case of serious injuries, there may also be long-term costs, including:
In a personal injury case, it is possible to seek compensation for anticipated future medical needs. To do this, you will need to provide a doctor's opinion as to the length and cost of treatment. For example, if the injured person will need surgery six months after the accident, his or her attorney can include that amount in the claim.
In such a case, the injured person has the right to file a civil lawsuit against the driver or other responsible parties personally. Alternatively, you can use your underinsured motorist coverage, if available. However, this can be difficult in practice if the defendant does not have enough assets to cover the claim.
The statute of limitations in California personal injury cases is two years from the date of the accident. If you miss this deadline, you may lose your right to compensation. It is important to start the process early in order to preserve all evidence and file a timely claim.
Insurance companies have subrogation rights for a personal injury claim. Subrogation right means that your insurance company can recover your medical expenses from the party who was liable for the injuries. Your insurer shall also have the right to sue the liable party on your behalf.
Claiming compensation for medical expenses is not an easy process. You still need a professional attorney to assist you with evaluations of your case, negotiations for a larger settlement. Professional legal assistance is crucial if you seek compensation for pre-existing injuries that worsened as a result of the accident.
The attorneys at KAASS LAW have extensive experience handling auto accident and medical expense cases. We can help you accurately calculate all of your costs and properly file a claim for compensation. Call us at (310) 943-1171 to schedule a free consultation and start protecting your rights.
Family members can file a lawsuit, such as:
The above-mentioned family members can sue if the accident does not kill the victim but leaves him unable to protect his rights.
While filing the lawsuit, you can seek compensation of:
In case you file a lawsuit for the wrongful death of a family member, you can seek compensation of:
In case you had a drowning accident, try to gather evidence, as:
In California, pool owners are required by law to keep their facilities safe. This means installing:
And other items required by law. For example, the California Swimming Pool Safety Act requires residential properties with swimming pools to install safety barriers. Failure to do so can make the owner liable for damages. Especially if the victim is a child. Failure to comply with safety standards may be considered a failure to exercise due care. This opens up the possibility of a lawsuit.
In legal terms, negligence means that the defendant failed to exercise reasonable care under the circumstances. In a drowning case, this could mean that:
Even if the victim was on private property without permission, the owner can be held liable. But only if it is proven that he or she knew of the danger and failed to take appropriate action.
If the drowning occurred at a municipal pool or on property managed by a government entity, special procedures may apply. In California, to file a lawsuit against a public entity, you must first file a government claim. Within six months of the accident. Failure to meet this deadline may result in the loss of your right to sue.
Even in case you signed a waiver for liabilities, or the defendant argued that there is the "assumption of risk"-an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation and case review by a Glendale personal injury attorney.
To be charged and convicted under this offense, the school employee must be performing their employment duties at the time of the offense. Thus, if the assault occurs in the evening while the teacher is walking in the park with his dog, the defendant cannot face charges under Penal Code section 245.5.
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can result in either a misdemeanor or a felony charge.
Penalties for a 245.5 PC conviction vary based on the type of weapon used during the assault.
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.
Defendants charged under section 245.5 may have several defenses. One such defense is lack of intent. If the defendant:
The defense can argue that the assault was not intentional. In addition, the defense of necessity may be used. If the defendant acted in response to an immediate threat to his or her health or life.
If the defendant accused of assaulting a school employee pleads guilty, or if there are mitigating circumstances, the defense may request a reduced sentence. This may include suggestions for alternative action. Such as:
It is important to note that the court's decision will largely depend on:
Punishment for the crime of assaulting a school employee can have a significant impact on the defendant's career. Especially if he or she works in education. A charge under Section 245.5 may result in:
And other professional consequences that may limit future employment opportunities.
It is important to contact an experienced attorney who specializes in criminal cases. A defense attorney will be able to:
If you or a loved one is facing charges under California Penal Code Section 245.5, do not delay in consulting with a qualified attorney.
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
Horse wagering, including pari-mutuel wagering, falls under California Horse Racing Law and the California Business and Professions Code. The Californian Lottery runs the only authorized lottery in the state of California.
Under Penal Code 330 PC it is a misdemeanor offense to:
The minimum age to gamble in California is 18 years, though some casinos have a minimum age of entry which is 21 years.
California does not separately regulate online gambling. Thus, there is no special licensing regime for online gambling.
Businesses and individuals engaged in gambling activities in California are subject to strict state regulation. The California Gambling Control Commission has the authority to impose administrative sanctions for violations of the Gambling Control Act. Such sanctions include:
Liability applies to both licensees and employees of gambling establishments. Individuals involved in illegal gambling activities may also be subject to criminal penalties. Under California Penal Code Section 330 PC, it is a misdemeanor to:
This offense is classified as a misdemeanor and may result in a fine, arrest, or other sanction as determined by the court.
It is also important to note that third parties, including landlords who provide the premises, can be held liable. The California Business and Professions Code considers advertising illegal gambling a misdemeanor. While advertising for legal gambling activities is not prohibited, it must comply with general advertising requirements. These include a prohibition against misleading information. Authorities may impose fines and take civil action if parties fail to meet these standards.
The California Gambling Control Commission, Horse Racing Board, and Lottery Commission have not issued separate acts regarding gambling advertisements. Thus, the California Business and Professions Code regulates gambling advertisements under its general advertising regime. If you or a loved one would like more information on California wagering and gambling laws we invite you to contact KAASS LAW (310) 943-1171 today. The sooner you come forward, the better chance you have of successfully resolving your case.
For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS LAW today at (310) 943-1171.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
If you are a creditor seeking to:
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.