4 Reasons Why Forming an LLC is the Right Decision

There are many advantages of incorporating a business in California, each business form hold different advantages and disadvantages.

Benefits of Incorporating a Business

While, there are many benefits of incorporating a business, choosing to register your business under the form of a Limited Liability Company, or "LLC" is one of the more common and better choices. Here are four (4) reasons why forming an LLC in California is the best decision:

1. Flexible Management Structure

An LLC can be organized in various ways. The beauty of an LLC is that the structure of the firm is virtually entirely up to founders' imagination! This is in stark contrast to the rigid, formal structure of a corporation.

2. No Mandatory Rules

Unlike a corporation, which mandates board meetings and shareholder votes along with other burdensome default rules, an LLC has virtually no mandatory rules. Rather, the statutes in your jurisdiction will provide default rules which can be contracted around in the Operating Agreement.

3. Limited Liability

An LLC has even more limited liability than a corporation or limited liability partnership! The founders can execute an Operating Agreement that vacates most of their fiduciary responsibility. This is extremely important as it shields owners from being personally financially responsible for the liabilities of the LLC should things go wrong. This means that creditors cannot go after the personal assets of the owners to pay business debts.

4. Flow-Through Taxation

Unlike a corporation which is subject to "double taxation" (i.e. a corporation pays taxes on its annual earnings while shareholders must also make tax payments on dividend payments), an LLC is eligible for flow-through (aka pass-through) taxation under IRS rules. A Flow-Through entity, such as an LLC, is not subject to taxation. Rather, taxes are only paid once the income passes to the owners. Ultimately, the beauty of an LLC is that it offers the limited liability of a corporation with the freedom and tax advantages of a partnership. Owners of an LLC are shielded from personal liability, avoid double-taxation, and have the flexibility to organize the LLC management structure in any way they see fit. Our Glendale business attorneys will help you make the right decision as each entity has its own significant consequences in matters pertaining to issues of liability, management, ownership, and control; business succession matters such as transfer, assignment, and dissolution; as well as business taxation. For further question regarding incorporating your business, feel free to contact our office at (310) 943-1172. Our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, 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 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 immigration attorneys 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.

Determining Fault in Multiple Vehicle Auto Accidents in California

Multiple vehicle auto accidents are fairly common on California's congested freeways, which begins with one driver rear ending another driver, resulting in a chain reaction that involves 3 or more vehicles. Alternatively, an accident may occur when a driver runs a red light and hits another car broadside, setting the stage for a multiple car pileup accident. Multi-vehicle car accidents create an added challenge for determining liability for injuries that vehicle occupants suffer. If you are involved in a multi car accident, it is vital you exchange insurance information with all the drivers involved, obtain witness contact information and contact the police to come to the scene and create a police report. It is also absolutely vital you take photographs of the scene, including skid marks, vehicle debris and property damage from multiple angles. If you suffer injury due to pile up accident in our area, you can contact our experienced Glendale auto accident attorney soon after the accident in order to ensure that all pertinent evidence is immediately identified and documented. If you or a loved one has been involved in a multi-car accident, we invite you to contact a KAASS Law car accident attorney in Glendale, CA for a consultation and case review. Our office will handle your car accident claim, set you up with health care professionals for any needed treatment. We don't charge you any upfront legal fees, as we charge a contingency fee, meaning you don't pay, unless we are able to recover money damages from the responsible parties.

Determining Fault in a Chain Reaction or Multi-Car Accident?

Determining fault in a multi-car accident is the biggest barrier to overcome in these types of accidents. From a factual perspective, determining causation can be tricky. In a case where a driver admits to being distracted and being the first car to rear-end another car in a line of cars, it may be appropriate to assign that driver 100% liability. Often times however, there are other factors at play including, bad weather conditions, driving to close to another vehicle, road construction, drunk driving, or aggressive driving. Thus, it is vital to speak with a car accident attorney that has experience with handling multi-car accident insurance claims.

Tailgating: Comparative Negligence in Multiple Vehicle Accident

When tailgating contributes to a multiple vehicle auto accident, all drivers who tailgated potentially shares some liability for causing injuries of occupants in vehicles that are ahead of the tailgating driver. The driver of the vehicle that collides with the car at the end of the chain likely has the greatest fault. On the other hand, if the driver of the car at the end had followed the next car at a greater distance, perhaps that driver's car would not have been pushed into the car that he or she was following. Chain reaction accidents or multi car accident in a "stop and go" traffic scenario also create issues of comparative negligence. Generally, drivers are not held responsible for following another vehicle too closely when the vehicles in traffic are stopped, but if the chain reaction collision occurs while the cars are in motion, the legal notion of "comparative negligence"comes into play. If some cars are in motion but others are not, sorting out responsibility becomes a difficult task. If you were involved in an chain reaction or multi-auto accident call or contact our Glendale personal injury attorneys for a consultation. We will fully review your case, answer any questions you may have, and explain the process as you move forward.

Multiple Vehicle Collision in California Video

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Video About Determining Fault in Multiple Vehicle Auto Accidents

Factors To Consider Before Buying a Existing Business in Los Angeles

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.

Importance of Receiving Accurate Business Valuation

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 business attorneys are expert economists 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 {meta.phoneFormatted} and schedule a consultation.

Five Common Business Valuation Methods

There are five (5) common business valuation methods, which include the following:

• Asset Valuation
• Relative Valuation
• Historical Earnings Valuation
• Future Maintainable Earnings Valuation
• Discount Cash Flow Valuation

California Business Purchase Agreement

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.

Do Your Due Diligence Before Buying a Existing Business

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.

Business and Contract Disputes Creating a Serious Problem?

Regardless of whether you own an business with a family member, a friend, or hold a position on the board of a large corporation, you know that business and contract disputes can often times cause major problems. Specifically, business owners that face contract disputes with other companies and even more so, between their own ownership structure. For instance, a business contract dispute may arise between two or more partners, when one partner fails to fulfill his responsibilities. Often times business owners do not anticipate disputes until they arise. As a result, income might be lost due to contract breaches; ownership might be in the limbo due to outside lawsuits and claims; and tensions amongst business owners may rise. Lastly, a California business that is facing a lawsuit must be represented by an attorney. As such, a business owner cannot represent themselves in pro per.

Each General Partner Has an Equal Right to Participate in The Management and Control of The Business

As a matter of course, each general partner has an equal right to take part in the management and control of the business. Disputes in the ordinary course of business are decided by a majority vote of the partners. While, disputes or disagreements of extraordinary matters or any amendments to the partnership agreement require the consent of all partners. Be that as it may, in an partnership of any size the partnership agreement will provide for certain electees to manage the partnership along the lines of a company board. Generally, unless otherwise provided in the partnership agreement, no one can become a partner of the business partnership without the consent of all partners. However, an existing partner may transfer partnership interests and assign his share of the profits and losses and right to receive distributions.

Business Dissolution Process

Businesses can dissolve the entire or part of a company by engaging in the "winding up" or "dissolution" process. The winding up process is subject to a strict legal rights of its partners, as well as creditors and claimants. Terminating a California business, often times involves a "liquidation process", where the company begins to wind-up affairs, pay debts, and dissolve. Furthermore, there are special procedures for dissolving corporations that are undergoing Chapter 7 bankruptcy, or have disposed of all assets, and not conducted any business for the last five years.

Winding-Up a California Corporation

During the winding-up process is subject to strict legal rights of the shareholders, thus must be both "just and equitable" Thus, to ensure that all issues are considered and addressed appropriately, its is recommend to that you consult with California corporate attorney prior to submitting termination documents to the California Secretary of State. If you wish to dissolve or terminate your corporation, we invite you to contact our Glendale business corporate lawyers and discuss the proper legal steps you must take in order to property terminate your California corporation. Under California's General Corporation law ("GCL") shareholders holding shares with at least 50 percent of the voting power can voluntary elect to dissolve the corporation. It is important that you review your articles of incorporation and bylaws, and speak to a experienced Glendale business lawyer, to ensure that you are following the proper dissolution procedures specifically for your corporation. If a all members have approved that dissolution, your corporation continues to exist only for the purpose of taking care of final matters. As such, all board members have full power to wind up and settle the affairs of the corporation, including paying all known corporation debts and liabilities, and then distributing remaining assets, if any, to persons entitled to those assets.

Before you file a lawsuit for breach of contract in Los Angeles Court there are a few requirements to prove. In order to be successful in a breach of contract lawsuit, the Plaintiff must prove the basic elements for breach of contract, including: Whether or not a valid contract existed.

What Are The Requirements for a Contract to Be Valid?

The four basic requirements of a valid contract include the following:

• Mutual Assent. In order for a contract to be valid, there must be "mutual assent" or "meeting of the minds" Parties to a contract must manifest by the use of words or conduct that they have agreed to enter into a contract. The basic method of proving "mutual assent" is by analyzing the offer and acceptance.
• Consideration. A valid contract must also include, "consideration", which basically means that each party to the contract must intentionally exchange a legal benefit for incur a legal detriment.
• Legality of Object. Courts will also analysis the legality of the contract. In order for a contract to be valid, the contract must not be criminal, tortious, or otherwise against public policy.
• Capacity. For a contract to be valid, the parties to the contract must have contractual capacity. For instance, minors, intoxicated persons, or incompetent persons have limited capacity to contract.

What is a Contract?

A contract is a binding agreement between two or more parties. Section 1 of the Restatement defines a contract as ‘‘a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.''

What is Considered an "Offer" in Contract Law?

An "offer" is a manifestation of present contractual intent, communicated to an identified offeree, containing definite and certain terms. The offer element is further analyzed objectively, rather than subjectively. In order other words, for Plaintiff to prove breach of contract, s/he must also prove that the parties intended to enter into a contract.

What Laws Govern or Apply to Contracts/Agreements?

Two laws govern contract law and depending on the type of transaction or agreement parties have entered into the Courts will determine under which law governs the contracts. The two laws which govern contracts law is common law contracts and the Uniform Commercial Code.

Common Law Contracts

Most contracts are governed by state common law, such as employment contracts, service contracts, or the sale of real property.

Uniform Commercial Code Article 2 of the UCC Governs Sales of goods

The uniform commercial code "UCC" governs contracts which involve merchants engaging in the sales of goods. UCC applies to:

• Sale the Transfer of Title from Seller to Buyer
• Tangible Goods or Personal Property

Breach of Contract or Interference with Contractual Duties

When a party has breached the terms of a contract or interfered with their contractual duties they can be held liable for tort or damages caused to the other party.

Statute of Limitation for Breach of Contract in California

The statute of limitation to bring suit for breach of contract in California depends on the type of contract the parties entered to. Breach of written contract differs from oral contracts.

• Breach of a written contract: Four years from the date the contract was broken.
• Breach of an oral contract: Two years from the date the contract was broken.

If you are involved in a business dispute or breach of contract matter we invite you to speak to our Glendale business attorney at KAASS Law today! Give us a call or get in touch with us at {meta.phoneFormatted} using the form below; our attorneys speak

California Uninsured "UM"/ Underinsured UIM Claims

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.

Underinsured Motorist "UIM" Coverage

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 Motorist "UM" Coverage

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.

Why is the Insurance Adjuster Denying my UM/UIM Claim?

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:

• The insurance adjuster may try to reduce the value of your claim by denying the cost of future medical care
• Insurance companies may try arguing that your injuries are the result of pre-existing medical conditions, rather than the accident
• The insurance company may try to reduce the value of your claim by contending that the amount of medical treatment you received was not reasonably necessary and or the medical expenses are ‘too high' for the type of accident that occurred
• An insurance company may try and argue that your physical damages are the result of old age, rather than the accident
• The insurance adjuster may try to devalue your damages with regards to general damages for your physical pain
• The insurance adjuster may try to devalue your damages with regards to emotional distress and disruption of lifestyle

Get Legal Help for Your Uninsured or Underinsured Accident Claim in California

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 no-obligation consultation, we are available 24/7. We also provide 24/7 accident assistance, call now at {meta.phoneFormatted}.

California Elder Care Abuse: Elder Abuse Protection Act

The Elder Abuse Protection Acts focuses on protecting older adults by punishing perpetrators who exploit, abuse, and harm vulnerable seniors.

What Is Elder Abuse?

Elder abuse can occur in various forms such as, physical, mental, emotional, financial and even sexual. Often, the abuse is physical or results from neglect. The law recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. Elder abuse can occur in cases involving nursing home negligence. Some of the type of injuries that may appear as:

• Unexplained injuries
• Bedsores, pressure sores and skin ulcers that don't heal, which are often times the most common type of negligence
• Septic shock
• Urinary tract infections
• Burns
• Bruises
• Unexplained infections and ineffective infection control
• Dehydration
• Malnutrition
• Rapid weight loss
• Clogged breathing tubes
• Medications errors
• Falls which are unexplained

Common Types of Physical Elder Abuse and Verbal Elder Abuse

Common types of physical abuse include any unwarranted or unwelcome physical touching including:

• Hitting
• Beating
• Slapping
• Punching
• Pinching
• Pushing
• Chocking
• Shoving
• Kicking
• Scratching
• Inappropriate use of drugs or restraints
• Forced feeding

Some common verbal elder abuse can include:

• Yelling
• Screaming
• Threatening verbal statements
• Name-calling
• Bullying
• Speaking in aggressive tone

California Rights of the Elderly in Nursing Homes?

California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act. The law recognizes that many elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. Elder is defined in the statutes as any person 65 years of age or older who is residing in California at the time of the alleged abuse. The term "abuse" is interpreted broadly and includes any of the following:

• physical abuse;
• neglect;
• fiduciary abuse; and
• abduction

California Elder Care Giver Negligence

Neglect means that the care giver acted unreasonably by failing to exercise that degree of skill or render that level of care for which a reasonable person would exercise or render under similar circumstances. Under the Elder Abuse Protection Act, you or a loved one are entitled to compensation for any type of abuse, negligence or recklessness on the part of the nursing home facilities caregivers. Further, you or a loved one are entitled to file for damages against each healthcare provider who was involved in the abuse. It is best to seek assistance from an experienced California nursing home attorney. Often times obtaining evidence of abuse and bringing charges against the company or corporation which operates the nursing home can be almost impossible without specialized and experienced legal representation. If you believe that a loved one may be subjected to elder abuse and wish to file a claim, it is imperative to act quickly. There is only a certain amount of time during which you can file a case. The time limits are complicated and strictly enforced by the courts. If you think you have a valid claim, consult with one of our Glendale elder care abuse attorney as soon as possible.

How an Glendale Elder Care Abuse Attorney Can Help

An Glendale elder care abuse attorney can help you review your case and explain the steps that must be taken in order to bring action against the person, nursing home, rehabilitation center, or elder care facility. Speak to one of our Los Angeles personal injury lawyers experienced with elder abuse and nursing home negligence cases. We offer a consultation and case review. Call our office at {meta.phoneFormatted}, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

What is The Welfare and Institutions Code Section 1560o?

The California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act and provides that: (a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons. (b) The Legislature further recognizes that a significant number of these persons are elderly. The Legislature desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment. (c) The Legislature further recognizes that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection. (d) The Legislature recognizes that most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. (e) The Legislature further recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. (f) The Legislature declares that this state shall foster and promote community services for the economic, social, and personal well-being of its citizens in order to protect those persons described in this section. (g) The Legislature further declares that uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse of elders and dependent adults and the appropriate role of local law enforcement is necessary in order to ensure that a minimum level of protection is provided to elders and dependent adults in each county.

The Immigration and Nationality Act ("INA") gives an opportunity to US citizens to bring their foreign fiancé(e)s to the United States to get married here. In order to obtain the K-1 fiancé(e) visa, the petitioning US citizen and his/her fiancé(e) must meet certain requirements. The Petitioner Must Be A US Citizen First of all, it should be noted that only US citizens can file K-1 petitions for their foreign fiancé(e)s. Lawful permanent residents cannot bring their fiancé(e)s to the US with a K-1 visa. The petitioning US citizen must submit a proof of his citizenship with the petition for alien fiancé(e). The acceptable evidence of US citizenship includes, but is not limited to, a copy of birth certificate issued by a US civil authority, a copy of certificate of naturalization, and a copy of unexpired US passport. The Petitioner And Fiancé(e) Must Intend To Marry After Fiancé(e)'s Entry To The United States The US citizen petitioner and his/her fiancé(e) must intend to marry within ninety (90) days after fiancé(e)'s entry to the US. Both the petitioner and his/her fiancé(e) shall submit statements of their intent to marry within ninety (90) days after fiancé(e)'s entry to the US. In addition to the statements, the petitioner shall submit any other evidence showing the mutual intention to marry. Once the petitioner and fiancé(e) marry within ninety (90) days after fiancé(e)'s entry to the US, the fiancé(e) may apply for adjustment of status to obtain his/her green card. If the petitioner and fiancé(e) fail to marry within ninety (90) days after fiancé(e)'s entry to the US, the fiancé(e) shall leave the country. The Petitioner And Fiancé(e) Must Have Met In Person Within Two Years Before Filing The Petition A US citizen can file a petition for alien fiancé(e) only if the petitioner and his/her fiancé(e) have met in person within two (2) years prior to filing the petition. The petitioner shall submit evidence of the meeting with his/her fiancé(e) with the petition. Such evidence may include photographs, airplane tickets, stamps in passports, receipts or anything else showing that the petitioner and fiancé(e) have met in person. The requirement of in person meeting can be waived only in two (2) circumstances: (1) if the petitioner can establish that the requirement to meet his/her fiancé(e) in person would result in extreme hardship to the petitioner; or (2) the requirement to meet the fiancé(e) in person would violate strict and long established customs of the petitioner's or fiancé(e)'s foreign culture or social practice. The Petitioner And Fiancé(e) Must Have Legal Capacity to Marry Both the petitioner and his/her fiancé(e) must be of legal age to marry. Additionally, if the petitioner and/or fiancé(e) have been married before, all prior marriages must be terminated. The petitioner shall submit proof that all previous marriages were legally terminated. Evidence of termination of previous marriages may include judgments of divorce or annulment of marriage or a death certificate issued by a civil authority. If the US citizen petitioner and his/her fiancé(e) meet the requirements outlined above, the US citizen can submit a petition for the fiancé(e). Once the petition is approved, the fiancé(e) can enter the US to marry the petitioner. KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information on immigration law 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. FOR A CONSULTATION PLEASE FILL OUT THE FORM BELOW FOR A CALL BACK FROM KAASS Law: Age-Out Protection for Children of US Citizens

Difference Between Wrongful Death & Survival Cause of Action

When a loved one dies due to the negligence of another party, California law allows for two different types of lawsuits that can be brought against the negligent party. A California wrongful death lawsuit may be filed by the representative of the deceased's estate, or by the decedent's surviving spouse, children or other dependent family members. While, a survival cause of action can be filed by the estate's personal representative, or if none has been appointed, by the decedent's successor-in-interest. A survival cause of action can only be brought if the decedent did not immediately die from his injuries. The survival statute allows one to "step into the shoes" of the deceased and recover the damages the deceased person would have been entitled to had they lived, including non-economic and economic damages, such as:

• Lost wages
• Medical expenses
• Pain & Suffering
• Punitive damages

What Damages are Recoverable Under California Wrongful Death Actions

In a California wrongful death action, plaintiffs are the surviving family members of the decedent and can seek to recover economic damages including, financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff; loss of gifts or benefits that plaintiff would have expected to receive from decedent; funeral and burial expenses reasonable value of household services that decedent would have provided to his or her loved ones. Additionally, the surviving family members may also seek non-economic damages including loss of decedent's love, companionship, loss of services, loss of support, comfort, care, assistance, protection, affection, society, and moral support; loss of the enjoyment of sexual relations; loss of decedent's training and guidance.

What Damages are Recoverable Under California Survival Cause of Action

As noted above, a survival cause of action in California can only be brought if the decedent did not immediately pass from the injuries sustained. As such, if the deceased lived for even a short period between the accident and death, considering to file suit under survival cause of action may be appropriate. The representative of decedent's estate may seek to recover damages including, "the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement". If you and your family are considering filing either a wrongful death or survival action lawsuit, or both if the circumstances permit, we invite you to contact one of our Los Angeles personal injury attorneys today for a consultation and case review. KAASS Law has successfully represented victims in wrongful death and survival cause of actions. This content is intended for educational purposes only. 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, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar

Effective January 1, 2018, new California marijuana laws to roll out. California will starts accepting online applications for temporary business permits for marijuana business owners. The Bureau of Cannabis Control's online application system will open in December and that the BCC will begin emailing temporary licenses to retailers before the new year. The licenses will become valid on Jan. 1. By New Year's Day, marijuana/cannabis business owners should be receiving an email from the state regarding the approval of the temporary marijuana business permits. Temporary marijuana business permits will be good for four (4) months. The purpose of giving business owners 4 months, is to give marijuana shop owners time to complete all other additional information needed to receive permanent licenses. Once approved, you will be able to immediately start selling cannabis to adult 21 and over with an valid ID. Prop 64 further opens the door for local governments to permit marijuana consumption at retailers and companies with a micro-business license, which combines a small cultivation site, distribution and retail.

California Quality Control Regulations for Pot

California law imposes quality control regulations for pot, which requires new testing procedures. For instance, prior to distributing marijuana products, cannabis distributors will be required to test samples for possible pesticides residue, and bacteria. Products must also be labeled with the weight, THC, and CBD content.

California Cannabis Sales Tax Effective January 2018

California cannabis sales tax taking effect January 2018. A 15% levy on all cannabis sales will be added on cannabis and medical marijuana products. Local governments are also adding taxes for sellers and growers which potentially could result in a 70% increase in the price of a small bag of good quality marijuana.

Specific California Marijuana Regulations Effective January 1, 2018

Some specific California marijuana regulations to go into effect January 1, 2018 including the following:

• Edible cannabis products must be produced with no more than 10 milligrams of THC serving size
• Edible cannabis products may not be more than 100 milligrams of THC for the total package
• Marijuana dispensaries and cannabis shop owners will ONLY be allowed to give free cannabis products to medical marijuana patients or their caregivers
• Annual marijuana licenses range from $800 for businesses that transport/deliver cannabis, while marijuana business shop owners who are engaging in multiple activities and earning more than $4.5 million a year the price for annual marijuana license can be up to $120,000
• Applications for special license to host cannabis events, such as festivals at fairgrounds.
• Marijuana businesses will only be allowed to advertise, however, limits the advertising ads in areas where at least 71.6 percent of the audience "is reasonably expected to be 21 years of age or older."

Restrictions Under California Proposition 64?

Some restriction under California Prop 64 effective January 1, 2018 include:

• Adults 21 and older to use marijuana
• May possess up to 28.5 grams of marijuana
• May grow up to six plants at their private home locked and not visible to the public.

If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, or how to obtain a marijuana license, KAASS Law invites you to contact our Los Angeles marijuana business attorneys for a consultation.