What is a Promissory Note?

A promissory note is a legally binding agreement in which the issuer promises in writing to pay a set amount of money to the payee at a determined point in the future. In effect, a promissory note is a fancy way of promising to pay someone back. It's a type of document that is found commonly in many aspects of financial transactions. Sometimes, promissory notes are also called loan agreements or IOUs.

When Are Promissory Notes Useful?

If you are loaning or borrowing money, a promissory note is extremely useful to establish because it clearly outlines the terms of the arrangement, including payment details, interest, late fees, collateral, and timeframes and deadlines. Another reason you would want to use a promissory note is that it is a legally enforceable document as it creates a legal obligation to repay the loan within the specified time. It can be used for mortgages, student loans, car loans, business and personal loans. In short, you'll want to use a promissory note if:

• You want to loan money to a friend or family member and want a signed agreement
• You want to borrow money from a family member or friend and you want to show them that you plan to repay the debt
• You are going to loan someone money and you want to charge interest
• You are borrowing money and you want to put up collateral to secure the loan

What to Include in a Promissory Note?

Crucially, a promissory note states all of the relevant terms of the loan. Some of the important information to include in a promissory note would be:

• Contact Information
  • The names and addresses of the lender and borrower
• The amount of money being lent
  • How payments will be made: lump sum, on demand, or installments
  • Interest rates, if applicable
• Frequency of payments
  • How often payments are to be made and in what amount or format
• Late Fee
  • Will the borrower be charged a late fee and if so, when and how much
• Collateral
  • If collateral will be used in the event of failure of payment, then you'll need to write a description of the property that will be taken as collateral
• Loan Sale
  • Can the lender sell the loan?
• Signatures of both parties

Tailor Your Promissory Note to Your Specific Transaction

It's worth noting that which information and details you need to include in your promissory note are going to vary depending on your specific transaction. For instance, a simple promissory note may be for a lump sum repayment on a certain date. Let's say you lent your friend some money and they agree to repay you by the beginning of next month. In that agreement, the full amount is due on that date, and there is no payment schedule to worry about. As for interest, there may or may not be interest involved in the transaction, depending on what agreement you both came to. A demand promissory note, on the other hand, requires repayment of the loan when the lender asks for the money back, however, typically a reasonable amount of notice is needed.

How to Collect a Debt on a Promissory Note?

Even with a promissory note, there is no guarantee that the person or entity will actually pay you back. However, with a promissory note, you do have several options and courses of actions that you can take to get your money back.

• Talk to them
  • Often, it's best to have a conversation with whoever owes you to figure out what is preventing them from repaying you. If you keep the lines of communication open, then you may be able to come to repayment arrangement
• Send them a letter
  • In the letter, include the original terms of the agreement and their signature to the note. Go on to remind them of the terms and request for them to follow through with their side of the arrangement. Sometimes, that kind of reminder is all that is needed.
• Document Everything
  • Compile a folder with any notes you have regarding the arrangement, the original note that was signed, and any other correspondence or attempts at communication that you may have made.
• Work with a debt collector
  • You can get a debt collector to collect the money for you and then they will take a percent of the amount. Or, alternatively, you can just sell the loan to the debt collector and then they will be responsible for it.
• File a lawsuit
  • If all else fails, you can always sue the borrower for the full amount of the debt they owe you.

Promissory Notes Video

/wp-content/uploads/2020/02/output_HD72022.mp4 We Can Help At KAASS Law, we understand accountability and mutual respect with business partners. It can be hard to mix friends and business but it's always a good idea to keep emotions out of business transactions. If you or a loved one need help writing a promissory note, or following up to get your payment from the promissory note, our Glendale business lawyers are here to help. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced business lawyers today. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}

California Penal Code Section 187 (a) defines murder as "the unlawful killing of a human being, or a fetus with malice aforethought." To prove murder, the following must be present:

• The defendant committed an act that resulted in the death of another person (or fetus)
• The defendant committed the act with malice aforethought
• The defendant killed without a reasonable excuse or justification.

Establishing Malice Aforethought

Under California murder law, Penal Code 187 (a), malice can be expressed or implied. Proof of malice is enough to establish the state of mind necessary for murder. The defendant acted with express malice if there was an unlawful intention to kill the victim.

Elements of Implied Malice

• The defendant deliberately committed an act
• The probable and natural consequences of the act were dangerous
• The act was willfully conducted with knowledge of the danger and conscious disregard for human or fetal life.

California First-Degree Murder

According to California's Penal Code a defendant can be convicted of first-degree murder if:

• The murder was committed either by use of a destructive device or explosive; or by lying in wait
• The crime was committed willfully, premeditatedly and deliberately
• A specifically enumerated felony was committed that resulted in death

Punishment for First-Degree Murder in California

According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder. In case the conviction is based on a "hate crime," the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.

Punishment for Second-Degree Murder in California

According to California Penal Code Section 187 the defendant faces 15 years-to-life in State prison for a second-degree murder. This sentence can increase to:

• 20-years-to-life if the defendant killed the victim by shooting a firearm out of a vehicle with the intent of causing serious injury
• 25-years-to-life if victim is a peace officer
• Life without the possibility of parole if victim is a peace officer and defendant specifically intended to kill the officer or inflict serious bodily injury on the officer or killed the officer using a deadly weapon or firearm.
• Life without the possibility of parole if the defendant has previously served a sentence for a murder conviction

California Felony Murder Rule

Felony murder occurs during the commission of inherently dangerous felony. Inherently dangerous felonies are felonies that are so dangerous to human life that the likelihood of death during the commission of the crime is very high. California's felony murder rule refers to both first- and second-degree murders. Actually it is not required that the defendant kill the victim in furtherance of the underlying felony. Any death that is reasonably connected to the felony is enough, regardless of whether it was intentional or accidental. So, for prosecution under the felony murder rule, the following elements must be shown:

• Defendant had intention to commit the underlying felony
• Defendant either committed or attempted to commit the underlying felony
• There was more than a mere coincidence between the time and place of the murder and the other felony.

List of Felonies Which Fall Under Felony Murder Rule

The list of such felonies includes but is not limited to the following: Burglary, Torture, Arson, Carjacking, Robbery, Rape, Kidnapping, Mayhem.

Get Help Defending Murder Charges from an Experienced Lawyer

Hire a dedicated Glendale criminal defense lawyer to provide you with the legal services you require! Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We invite you to get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} any time!

California Penal Code Section 550(a) covers and defines healthcare fraud, which sometimes is also referred to as health insurance fraud and medical billing fraud. Healthcare fraud is submission of false claims or disinformation of healthcare insurers about care or services that may or may not have been provided. Penal Code Section 550(a) lists a range of unlawful conduct and here are some examples that could lead to California health care fraud charges:

• Presenting fraudulent or false claim for the payment of an injury or loss
• Presenting several claims for the same injury or loss
• Participating in a vehicular collision or any other accident, for the purpose of presenting fraudulent or false claim.
• Presenting a fraudulent or false claim for the payments of a loss for destruction, damage, theft
• Causing a fraudulent or false claim for payment of a health care benefit.

What is Required to Convict a Person of Healthcare Fraud Penal Code 550(a)?

To convict a person in health care fraud, the prosecutor has to do prove his engagement in one of the unlawful behaviors described in Penal Code Section 550(a) and also two additional elements of the crime.

• Defendant knew that the claim was fraudulent or false
• Defendant intended to defraud the medical insurance program or insurance company

These types of crimes are usually committed by health care providers including chiropractors, physical therapists, nurses, nurse practitioners, dentists, and administrators. If convicted of health care fraud, professional licenses can be suspended or revoked.

Penalties for Penal Code Section 550(a)

In California penalties for health care fraud depend on the amount of the fraudulent claim. Health care fraud claims of $950 or less. In case the claim is $950 or less then the health care fraud is a misdemeanor.

Penalties for a Misdemeanor Medical Fraud Conviction

Penalties for misdemeanor medical and or health care fraud depend on the amount of the fraudulent claim, but may include the following:

• a fine of up to one thousand dollars and/or
• up to six months in a county jail.

Health Care Fraud Claims for More than $950

In case the fraud was more than $950, then the crime of health care fraud is considered a wobbler. The defendant can be charged with either a misdemeanor or a felony conviction. Penalties for a misdemeanor conviction are:

• up to one (1) year in county jail, and/or
• a fine of up to $10,000

Penalties for a Felony Medical Fraud Conviction

Penalties for felony medical and or health care fraud include the following:

• Probation with up to one year county jail,
• Two, three, or five years in county jail and/or
• Fine up to $50,000 or double the amount of the fraud whichever is larger

In case the charges involve more than one claim, then the key question is whether all the claims add up to more than $950 in twelve months period.

California Medical Fraud Defense Lawyer

Hire the most dedicated California medical fraud defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} at any time.

(b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which one or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in other actions, whether or not the class has been certified. (c) No temporary restraining order shall be granted without notice to the opposing party, unless both of the following requirements are satisfied: (1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will result to the applicant before the matter can be heard on notice. (2) The applicant or the applicant's attorney certifies one of the following to the court under oath: (A) That within a reasonable time prior to the application the applicant informed the opposing party or the opposing party's attorney at what time and where the application would be made. (B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing party's attorney, specifying the efforts made to contact them. (C) That for reasons specified the applicant should not be required to so inform the opposing party or the opposing party's attorney. (d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c): (1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than 15 days or, if good cause appears to the court, 22 days from the date the temporary restraining order is issued. (2) The party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application. The court may for good cause, on motion of the applicant or on its own motion, shorten the time required by this paragraph for service on the opposing party. (3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is not ready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolve the temporary restraining order. (4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or any shorter period requested by the opposing party, to enable the opposing party to meet the application for a preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary restraining order shall remain in effect until the date of the continued hearing. (5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the time required by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissued order shall be made returnable as provided by paragraph (1), with the time for hearing measured from the date of reissuance. No fee shall be charged for reissuing the order. (e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting of the preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing, the applicant shall not be entitled to any continuance on account thereof. On the day the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law. (f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear the order to show cause why a preliminary injunction should not be granted if the moving and supporting papers are served within the time required by Section 1005 and one of the following conditions is satisfied: (1) The order to show cause is issued without a temporary restraining order. (2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing within the time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining order fails to effect service within the time required by paragraph (2) of subdivision (d). (g) This section does not apply to an order issued under the Family Code. (h) As used in this section: (1) "Complaint" means a complaint or a cross-complaint. (2) "Court" means the court in which the action is pending.(Amended by Stats. 2000, Ch. 688, Sec. 4. Effective January 1, 2001.) You have the right to receive assistance from a restraining order lawyer regarding legal matters.

California law allows persons to recover damages for intentional fraud as well as negligent misrepresentations if certain elements are sufficiently plead and proved. There are specific elements that a party is required to prove in order to successfully recover damages suffered due to the fraud or misrepresentation. A false misrepresentation lawyer near you should be able to provide you with legal assistance for your situation.

What is Fraud?

Fraud is using deceit or dishonest means for the purpose of depriving another of money, property or a legal right.

What are the Different Types of Fraud?

Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts. Then the victim reasonably relied on and was harmed by the deceit. Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise. Then the victim must reasonably rely on and be harmed by the false promise. "An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.) Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment. Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true. Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation. The victim must reasonably rely on and be harmed by the false representation.

How to Prove Intentional Fraud in California?

In proving intentional fraud in California it requires all of the following elements be proved:

• misrepresentation (false representation, concealment, or nondisclosure);
• knowledge of falsity (or ‘scienter');
• intent to defraud, i.e., to induce reliance;
• justifiable reliance; and
• resulting damage."

"An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract."" (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)

How to Prove Negligent Misrepresentation in California?

Negligent misrepresentation often times referred to as constructive fraud requires that all of the following elements be proved:

• a misrepresentation of a past or existing material fact;
• without reasonable grounds for believing it to be true;
• with intent to induce another's reliance on the fact misrepresented;
• ignorance of the truth and justifiable reliance thereon by the party to whom the misrepresentation was directed; and
• damages

California Fraud and Misrepresentation Laws Video

Hire the Right Misrepresentation and Fraud Attorney

Our misrepresentation and fraud attorney in Los Angeles has experience in complex fraud and misrepresentation cases. If you are an individual victimized by a corporation's commercial deception we welcome you to call to us at {meta.phoneFormatted}. Our proven litigators and investigators at KAASS Law will help you with your corporate fraud case.

Independent Contractor Agreements are an effective way to clearly detail the scope of a project and services rendered, payment schedules and deadline expectations of both parties in a freelance arrangement. These types of agreements are legally binding and they serve the important purpose of specifying the details of a service so that both sides are shown to be aware of the agreement. This allows for both sides to be held accountable for their actions and their respective responsibilities. Independent Contractor Agreements are also sometimes referred to as Freelancer Contractor Agreements, Contract Labor Forms, or Independent Contractor Contracts, but they all amount to the same thing from a legal perspective. You'll want to utilize an Independent Contractor Agreement if:

• You are a freelance or independent contractor and you need to provide a contract for your client
• You are working with a freelance contractor and you need your agreements to be clearly outlined in a contract.

What's Different About an Independent Contractor Agreement?

By far, the most significant and noteworthy distinguishing factor about these types of contracts and agreements is that they are NOT for employees. It is instead specifically for drafting up an agreement between you–or your company–and an independent or freelance worker. An example of this would be paying a handyman to fix some stuff in the office, or hiring a freelance IT person to optimize your website or office space, or even taking on a consultant to get another expert opinion or counsel on a business move that you are considering. Importantly, all of these examples are regarding independent workers and because they are not your employees, the freelancers themselves are responsible for their taxes. However, since they are not your employees, you cannot have as much control over their actions. For instance, you can't stop them from taking on other clients while they are working with you, nor can you dictate their day-to-day schedules or tell them how to do their job. In other words, they have far more freedom than your employees because they don't express work for you, rather they work with you on a specific issue or situation.

Why You Really Should Have an Independent Contractor Agreement

The first and most obvious reason is that the agreement will help to protect your business and financial interests while you are doing work with a freelancer. The contract will detail exactly what work needs to get done, when it has to be completed by, and how much you are going to pay for that work. Another reason is that protects you from liability issues and helps to shield your personal assets. Also, should you ever go to court, you will have the signed agreement to easily show the judge what your expectations were for the service. On the other hand, if you are the freelancer, having the agreement can help you get paid properly should you end up in a disagreement with the client over the payment. You also appear far more professional by providing a contract for your clients to review and sign. Lastly, the agreement demonstrates your willingness and commitment to work and get your job done with high quality, which can be very reassuring to the client. As we alluded to, there are several key advantages to hiring an independent contractor, such as:

• Not having to pay their tax obligations
• Not having to offer health insurance or other related benefits
• Only needing to pay them for previously agreed upon work
• The ease of ending a contract compared to firing an employee
• Less paperwork and documentation overall
• Not having to micromanage their work

Do I Have Any Other Obligation if I Hire a Freelancer?

Here's the thing. If the person you have contracted to work for you is entirely self-employed, then you will need to make sure that they complete a W-9 Form and you will need to fill out a 1099-MISC form, both of which can be electronically downloaded from the IRS website. You'll want the W-9 form to gather your freelancer's contact information and tax ID number, while the 1099 form is how they will report income their unique tax return. You are required to do this if you pay them more than $600 in a fiscal year. Your deadline is to submit those documents to the IRS and the contract worker by January 31st on the following year from when you hired them. Bear in mind that the burden of proof is on you since the IRS typically assumes that someone is an employee, unless shown proof otherwise. Therefore, it is wise to keep all of those records and documentation in the event that the IRS asks for further proof that the contracted worker was not an employee of yours. This is for your own benefit as it results in your own protection from any audits or inquires from the IRS.

Freelance Independant Contract Agreements

Freelance workers are becoming increasingly commonplace and the future for most small business is one in which preference will probably be given to simply take on independent contractors and freelancers instead of a full team of employees. More and more small businesses are going along with this model of having only a few core employees and many other freelance workers for their business. This is a lucrative model, especially for smaller businesses, because it is far more cost efficient and flexible. Therefore, it is in your best interest to look and see what kinds of reviews your freelancer worker has prior to signing into an agreement with them; having an idea of what previous companies have said regarding their work ethic is like having references during an interview with an employee–it can definitely help you to make the right decision as to who to hire for the job. Furthermore, by building positive and friendly relations with freelancers, you are setting yourself up for many good working relations for years to come, especially since those workers may also have other freelancer friends that they can refer you to if you ever need some extra work done in a pinch.

California Contracts Lawyer: Where We Come Into the Picture

At KAASS Law, our Glendale business lawyers are all about building long-lasting and meaningful relations with our clients and their associates. We believe in the ever-changing and evolving models of the future of business and we are here to make sure our clients have the smoothest experiences going forward with their brands and ideas. Whether you are a business looking to hire some freelancers and independent contractors, or whether you are a freelance worker who is self-employed, we are here to guide you along your financial journey. We have years of experience with connecting the right people for the job, and always stand by our clients. If you are thinking of drafting up an Independent Contractor Agreement, we definitely do not want you to go through that process alone. Contract law is a very complex area of law and we can greatly simplify your business by helping you with your goals. We work with small businesses and freelancers alike to ensure that effective contracts and agreements are written and agreed upon. We invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced contract lawyers today and to see just how much we can help your business out. So that way, you can keep doing more of what you love: stress-free.

KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}

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.

California Penal Code Section 242 (PC-242) outlines the crime of battery as "any intentional and unlawful use of force or violence upon the person of another." The following elements must be established in order to prove a charge of battery:

• Defendant willfully and illegally touched another person in offensive or a harmful way (for example, grabbing another person's arm in anger or touching the private parts of another person would be considered battery);
• Defendant did not act in self-defense or in defense of someone else

Battery is often discussed in connection with the criminal offense of assault. Although battery and assault are considered two completely different offenses.

California Assault Penal Code 240

Assault is described in Penal Code Section 240 as an action that may impose physical harm or unwanted touching on someone else. While, on the other hand, pursuant to Penal Code 242 battery is the actual infliction of force or violence on someone else.

Actual Physical Contact is Not Necessary for Assault

In case of assault, any actual physical contact is not necessary to be present, whereas a battery cannot be accomplished without a touching of the victim. A person can be charged with battery even if no injury or pain is caused to the victim. The slightest touch is enough for a battery charge if it is done in an annoying, disrespectful or rude manner.

Defenses to California Criminal Battery Charge

You acted in self-defense or defense of another person: You cannot be convicted of battery in case you reasonably thought that you or someone else was in danger of bodily injury or death and you reasonably used force to defend against that danger. You did not act willfully or intentionally when committing the harmful touching: You cannot be found guilty of the offense, if the battery was the result of an accident or the outcome of events.

PC 242 Battery Penalties

Under California PC 242 simple battery is prosecuted as a misdemeanor. The potential penalties for a criminal battery conviction include:

• Up to six (6) months in county jail; and/or;
• A fine of up to two thousand dollars ($2

Battery and Related Offenses

Battery causing serious bodily injury under Penal Code Section 243(d) A defendant can be charged under California Penal Code section 243(d) if the victim of a battery suffers serious bodily injury. Battery under this section is also known as "aggravated battery." A serious bodily injury is any serious impairment of physical condition. Aggravated battery in California law is considered a wobbler and it may be charged as either a felony or a misdemeanor, depending on the specific circumstances of criminal offense. If convicted of a misdemeanor charge for this offense you can face up to one year in a California county jail. If it is charged as a felony you can face two, three, or four years in a California state prison.

Domestic Battery Under Penal Code Section 243(e)(1)

In case the victim of a battery is a family or household member you can be charged with domestic battery. Under Penal Code section 243(e)(1) you are considered guilty of domestic battery if alleged victim is a:

• Current or former spouse;
• Current or former boyfriend
• Cohabitant or former cohabitant;
• The parent of your child;
• A person with whom you have or used to have a dating relationship.

Domestic battery is considered a misdemeanor and is punishable by up to one year in a California county jail and/or a fine of up to $2,000. According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder. In case the conviction is based on a "hate crime," the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.

Get Help Defending PC 242 Charges from an Experienced Lawyer

Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on us to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} at any time!

KAASS Law fights hard to help victims involved in Uber and Lyft accidents, including both drivers and passengers, as well as third-party drivers and pedestrians who were injured, to get the compensation they deserve.

California Uber/Lyft Liability Insurance

Under California law, Transportation Network Companies, including Uber and Lyft, must provide primary third-party liability insurance. They must maintain $200,000 of excess liability coverage during "Period 1". Period 1 occurs when the Uber or Lyft app is on but still waiting for a passenger. Therefore, you'll still want rideshare insurance to cover you during Period 1 when your App is on driver mode. Period 2 Match Notification begins when you accept a ride request, as such Auto Liability Coverage and Uninsured/Underinsured Motorist Coverage, as well as Contingent Collision and Comprehensive Coverage, is in effect. Likewise, during period 3, when you're dropping off your passenger(s), the same coverage applies.

Period 1: Lyft Third Party Auto Liability

Lyft's third-party automobile liability policy will be your primary policy during Period 1. Lyft will also maintain $200,000 of excess liability coverage during Period 1. Period 1: The rideshare app is on, but you haven't been paired with a passenger. California law has the following minimum requirements.

• $50,000 bodily injury liability coverage per person injured in an accident
• $100,000 of bodily injury liability coverage per accident
• $30,000 of property damage liability coverage per accident

Periods 2 and 3: Uber/Lyft Auto Liability Insurance

Periods 2 and 3: Once you've been paired with a passenger and after they've entered your vehicle, the rideshare company, such as Uber or Lyft, are required to carry a $1 million liability insurance policy in California. This covers you and your passengers during Periods 2 and 3. Depending on the company, it may offer additional coverage during these periods as well.

• Uber provides drivers with $1 million of uninsured and underinsured motorist bodily injury coverage. It also provides comprehensive and collision coverage with a $1,000 deductible so long as the driver has collision coverage on their personal auto insurance policy.
• Lyft provides comprehensive and collision coverage in California, as long as the Lyft drivers have collision coverage on their personal auto insurance policy. Lyft's deductible is $2,500, which is what you'd have to pay out of pocket before it covers any damages.

Does Uber/Lyft Provide Rental Coverage?

If an Uber driver is involved in an accident with a passenger in the car, Uber and Lyft's insurance will provide liability and collision coverage. However, they often won't cover things like rental cars, lost wages, and medical expenses. Thus, It is in your best interest to consult with a Los Angeles Uber accident lawyer about your case before speaking with Uber or an insurance adjuster. With professional legal assistance, you will have more leverage in settlement negotiations with Uber and get the compensation you deserve.

Los Angeles Uber Accident Lawyers Can Help

A Los Angeles Uber accident lawyer can help Uber drivers recover damages for the following:

• Damage to your car: Property damage to your car as a result of the accident.
• Lost Wages: If your income is dependent upon driving for Uber or Lyft, recovering lost wages is especially essential because since you're a rideshare driver, you won't be able to work/make money until your car is repaired.
• Medical: Medical treatment due to an accident can be costly, and even at low speeds, injuries do occur. Therefore, you may .be entitled to medical treatment costs.
• Rental car: While you won't be able to drive Uber or Lyft using a rental car, you may still need a vehicle to get around while your car is being repaired.

Uber/Lyft Accident Attorneys Helping All Injured Victims

If you were involved in an Uber or Lyft accident in California, we invite you to hire our dedicated Los Angeles Uber and Lyft accident lawyer today. Our skilled Uber and Lyft accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies that are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a consultation with one of our rideshare lawyers, call KAASS Law today at {meta.phoneFormatted} or send us an email through our online appointment form.

California civil litigation proceedings help resolve private conflicts between people, businesses, and/or the government in Government Tort Claims actions. Litigation is one of the most fundamental aspects of law. It refers to the formal process of resolving legal disputes by filing or responding to complaints through the public court system.

Litigation Lawyers and Legal Processes

What most people tend to think of when they think about lawyers and courts is typically not very representative of what actually goes on. The classic Law and Order portrayal of law in Hollywood, albeit very immersive and dramatic, does not give a realistic overview of what the legal process entails, or how one goes about it.

California Litigation Process

A much more reasoned approach to understanding how the legal process works, would be to simply take a look at the process of taking legal action, or litigation. In any case, the process begins when someone files suit. Typically, the plaintiff begins this process when they file a formal complaint with the clerk of the court. At this point, the defendant must be notified that a lawsuit was filed against them, so as to give them the proper notice before a court date. The defendant must then figure out their strategy to deal with the lawsuit and so usually a lawyer or firm gets hired on to help with legal counsel and representation. Then, the court establishes personal jurisdiction and a location is finalized for the court that will have authority over the complaint.

The Discovery Process of Litigation

Bear in mind that most of this process is heavily bureaucratic and involves many back and forth between the two parties. To avoid some of the confusion, both parties must meet and discuss with each other the nature of the case. This is done to determine specific issues, points of disagreement, to broach the possibility of settlement, and to start making plans for discovery and disclosure. In fact, depending on the case, discovery and disclosure can very easily end up taking up a huge chunk of time because during this period, both parties must disclosure to one another the various pieces of information they are planning on submitting and using as evidence in court. If the case ends up having many different pieces of evidence, then the discovery and disclosure period will be very lengthy, and yet also very important too.

Evidence, Litigation, and Strategy

This period is one of the few in which both parties must be completely open and honest with one another, and therefore it marks an excellent opportunity for a good lawyer to get enough insight as to how the opposing side is going to approach the conflict. By seeing the evidence that the opposition plans to use against you, you can formulate a general picture of their plan so that you can begin countering it with yours. As such, this step in the legal litigation process is absolutely crucial for both sides.

California Pre-Trial Conference

Once both sides have had their turn to see the other side's evidence, the court will move to schedule an early pretrial conference. There, at the pretrial conference, both sides meet in a courtroom in front of a judge, who facilitates a discussion of the issues of the case. This discussion is important to have because some cases are not suited to go on trial since there may be a lack of material issue of dispute or disagreement between the parties. Other cases are just simply ambiguous and some clarification is needed for the judge to determine what the key problems are and whether or not those issues can be resolved through trial. As such, the judge will ask questions to both sides so as to clarify the actual points of contention for each party.

Litigation, Motions, and Discovery

After that, the defendant has the ability to file motions and answers, the first of which aims to dismiss or otherwise discredit the plaintiff's accusations and the latter of which acts as a response to the initial complaint made by the plaintiff. Either way, these motions can be absolutely crucial to the success of the defendant in court because they can make huge strides by eliminating several avenues of argumentation that the plaintiff or prosecutor may use in court. Past this period, both parties once again disclose documentation and the discovery process moves forward; both parties now have another opportunity to file for more motions and finally the court will hold one last pre-trial conference. After all of that has been said and done, the court conducts the trial.

California Civil Trial Proceedings

During the trial is when most, if not all, of the action that you see on TV actually takes place. As you can see, there is a lot more to the story that happens leading up to the day of trial and even during the trial the proceedings take place in an organized manner. At the end of the trial, the court decides upon and files its judgment. Once this takes place, post-trial proceedings, such as appeals, can be made. If either party chooses to appeal, they have another opportunity to present their case, which may or may not sway the final decision. Appeals are considered on the basis of briefs or oral arguments which to serve to demonstrate why the judgment that was rendered was unjust or inadequate, as well as to propose another judgment that the court can implement instead.

End of Trial and Final Judgement Verdict Rendered

Finally, the last ruling or verdict is made, which is typically by a jury, and judgment is enforced. This means that whatever the court decides must get carried out and at this point the litigation process finally concludes. This coverage and overview of the litigation process aims to illuminate the various steps, proceedings, and protocols that go into the work that gets put into any given lawsuit case. Folks who work in the legal world all must understand and abide by the legal process and as such litigation is the cornerstone of how our society enforces laws and renders justice. At

California Civil Litigation Lawyers

KAASS Law's civil litigation lawyers are well-aware have litigated and tried numerous cases in various areas of law. We believe that going the extra mile to educate and raise awareness will always pay dividends in the end. As such, we are always available to answer and to clarify any questions or concerns our clients may have regarding their case, and it is also why we do pro bono work. If you have any questions concerning a legal matter, feel free to reach out to us at {meta.phoneFormatted} to speak to our experienced litigators today. We will give you the insight, confidence, and security you need to win your case.

California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:

• The owner of the property entrusted his property to the defendant;
• The owner did so because he trusted the defendant;
• The defendant illegally converted or used the entrusted property for his own benefit and;
• Upon converting the property the defendant intended to deprive the owner of the property's use

Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To "entrust" means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn't belong to him his action are considered fraudulent. There must be a clear intent to deprive the property's true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.

Embezzlement Commonly Involves Employee Theft or Employee Fraud

Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That's why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.

Defenses to Penal Code 503 Embezzlement

Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:

• Defendant took the ownership of the property openly or publicly without using surreptitious methods;
• Defendant didn't take the property because the property owner owed you a debt

Lack of criminal intent: Embezzlement, like all theft crimes, requires "specific intent," so if you took property accidentally or then this defense can apply. False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.

Penalties for Penal Code 503 Embezzlement

Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theft or petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.

California Penalties for Grand Theft Embezzlement

You will face the penalties for grand theft embezzlement if the:

• Property valued more than $950
• Property was a motor vehicle
• Property was a firearm

In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.

Penalties for Misdemeanor Grand Theft Embezzlement

Penalties for misdemeanor grand theft embezzlement in California include:

• Up to one year in a county jail
• Fines up to one thousand dollars
• Misdemeanor (summary) probation

Penalties for Felony Grand theft Embezzlement

Penalties for felony grand theft embezzlement in California include:

• Either 16 months, two or three years in a county jail; and/or
• A fine of up to ten thousand dollars; and/or
• Felony (formal) probation

California Sentencing for Grand Theft Embezzlement

California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.

• One year for property valued more than $65,000
• Two years for property valued more $200,000
• Three years for property valued more $1,300,000
• Four years for property valued more $3,200,000

Petty Theft Embezzlement Penalties

In California law petty theft embezzlement is a misdemeanor offense, punishable by:

• Up to 6 months in a County jail;
• A fine up to $1,000
• Misdemeanor Probation.

Get Help from a California Embezzlement Defense Lawyer

Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}at any time!