KAASS Law
Call Us 24/7

Blog

Read More

  • How to Open a Pharmacy in California

    How Does One Legally Open an Independent Pharmacy in the State of California?

    Let's look into the requirements of legally opening a pharmacy in California set forth by state law.

    California Business and Professions Code Section 4110

    Business and Professions Code Section 4110 states, "No person shall conduct a pharmacy in the State of California unless he or she has obtained a license from the board. A license shall be required for each pharmacy owned or operated by a specific person. A separate license shall be required for each of the premises of any person operating a pharmacy in more than one location. The license shall be renewed annually."

    This license can be granted to an individual, firm, corporation, or any other entity that seeks to open a pharmacy. The application process will require that one send in financial information and criminal history.

    California Business and Professions Code Section 4113

    In accordance with BPC section 4113, the pharmacy must designate a pharmacist-in-charge. The pharmacist-in-charge is a licensed pharmacist in the state of California who has been designated approval from the California State Board of Pharmacy. They are responsible for ensuring that the pharmacy follows all laws and regulations.

    California Business and Professions Code Section 4150

    It is important to note that once these requirements are fulfilled, pharmacies in California may not operate as a traditional corporation or LLC. Instead, they must register as a professional corporation in accordance with the California Corporations Code Section 4150 and get approval from the secretary of state.

    Due to the fact that pharmacies in California are classified as professional corporations, they are subject to more extensive licensing requirements than traditional businesses. A pharmacy must register itself with the California State Board of Pharmacy, and designate a pharmacist-in-charge, who is responsible for ensuring that they follow all laws and regulations associated with operating a pharmacy.

    This section also specifies information involved with pharmacy shareholders. With some exceptions, shareholders and directors of the pharmacy must be licensed pharmacists. The section states, "Each shareholder, director, and officer of a pharmacy corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person [to practice pharmacy]" Therefore, shares cannot be sold to someone without a pharmacy license in California unless they are an assistance secretary or assistant treasurer.

    Read More

  • The Resolution of Necessity

    What is a Resolution of Necessity (RON)?

    A resolution of necessity (RON) is a formal document adopted by the California Transportation Commission. An RON provides Caltrans authority to proceed with a condemnation action in order to acquire privately owned property for public purposes. Condemnation is the legal proceeding that exercises the authority of the eminent domain. According to the California Code of Civil Procedure, a public entity might not always begin an eminent domain proceeding until its governing body has adopted a necessity resolution that fulfills the demands of the article of the law. The right-of-way required for the State Highway System is obtained at fair market value through acquisition. Caltrans may request a condemnation action from the California Transportation Commission under California Streets and Highway Code, Section 102, and under California Code of Civil Procedure, Section 1245.230, if Caltrans can not achieve an agreement with a property owner on the value or quantity of land to be obtained. A necessity resolution would authorize Caltrans to take condemnation action to obtain assets.

    California Code of Civil Procedure: Section 1245.230

    California Code of Civil Procedure Section 1245.230 provides that a necessity resolution can only be implemented if:
    • The project for which the property is to be purchased is deemed necessary;
    • The estate is deemed necessary for the public interest;
    • The project is situated where it will give the biggest public advantage at the least personal detriment; and
    • An offer has been made to buy the property
    The organization must also hold a government hearing to address the resolution of necessity and the suggested eminent domain action after meeting these four criteria. The agency must notify the present owners of the property of the hearing. Property owners may attend the hearing themselves or seek representation of an eminent domain lawyer from California.

    The Review Standard for Resolution of Necessity

    Most eminent professionals of the domain can rapidly state the fundamental rule on results for a Necessity Resolution. Under section 1245.250 of the Code of Civil Procedure, subdivision (a), the findings of public use by a public agency, and the need to establish those things in a conclusive manner. This means that the proprietor of the estate may not usually dispute this finding once the company concludes that the project is planned and placed in a position that is best compliant with the largest public good and least personal injury. But there might be a twist that is rarely mentioned. If the findings of the agency are influenced or affected by gross discretionary abuse, it will not apply the conclusive presumption of section 1245.250, subdivision (a) (CCP 1245.225, subdivision b). Are you in need of additional information involved with the resolution of necessity? Our legal team at KAASS Law is ready to answer any questions that you may have. You may get in touch with us by giving us a call at {meta.phoneFormatted} or by filling out the form below. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law.
    Read More

  • Purchasing a Home in California

    Thinking About Purchasing a Home in California?

    Before purchasing a home in California, here are some things smart buyers, such as yourself, should be aware of.

    Know What You Are Getting Involved In Before Buying a Home

    According to California Civil Code §§ 1102.3, 1102.6, "before executing the residential sales contract, the seller or their broker is required to deliver the statutory real estate transfer disclosure statement to the buyer. This contains a checklist to give notice of problems or potential problems with the property."

    In other words, the seller must come clean about any known issue about the condition of the house, which would affect whether you would purchase the property.

    Home Buyers Must Be Aware

    According to California case law, although a seller and seller's agent/broker must discuss factual conditions, they have no duty to explain the extent or implication of such disclosures. Pagano v. Krohn (1997) 60 Cal.App.4th 1.

    It's important to get a professional home inspection by a licensed and trusted home inspector. Consider inspecting areas such as the plumbing, roofing, fireplace, swimming pool, and in some cases even getting a boundary survey. Do not cut corners for inspections during the inspection period because the law does not favor buyers who do not do their due diligence before purchasing real property.

    Take the time to understand all documents and only rely on statements you are sure of. Although purchasing a home for the first time can be scary, knowing your legal rights will better help make the experience better.

    Read More

  • California Penal Code 647(e): "Squatter" Laws in California

    California Penal Code section 647(e) criminalizes anyone, "Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it."

    What Is "Squatting" and What Makes It a Criminal Offense in California?

    "Squatting" refers to the act of illegally taking shelter on private or public property without any permission. It is also known as, "illegal lodging." The crime itself requires these 2 elements to be satisfied:

    • You illegally lodged on private or public property
    • You did so without the permission of the owner

    Illegally lodging in the eyes of the law can be done in a few ways, all of which are suggestive that you have stayed or intend to stay on a property that is not yours for an extended period of time. They include:

    • Setting up a form of shelter (tents, cardboard boxes)
    • Sleeping on public or private property
    • Placing your personal belonging on the property

    It is also required that a squatter does so without consent by a property owner in order to be in violation of the law. This can be directly expressed by the owner (i.e. they tell squatters that it's fine for them to stay on their property) but it can also be implied. Implied consent encompasses actions or inaction taken by the property owner that implies permission for squatters to lodge there. Some examples include:

    • An owner of a restaurant knows that a homeless person often sleeps in his parking lot so he brings him leftover food at the end of nights
    • Multiple people sleep in their cars in a large parking lot at night, and for years, no property owner or peace officer has ever suggested they need to leave

    What Are the Punishments for Squatting?

    Squatting is considered a misdemeanor in California. The punishments may include the following:]

    • Up to 1 year in a county jail
    • A maximum fine of $1,000

    Often, being charged with squatting will also constitute a violation of PC 602, trespassing. Since squatting is the crime of staying or planning to stay on a property that isn't your own, usually the people who commit this crime have entered the premises illegally. Trespassing is a misdemeanor offense that carries the same punishments as squatting.

    How Can I Defend Myself if I Am Charged With Illegally Squatting?

    There are several legitimate defenses you can use if you are charged with criminally squatting. Some of these include:

    • You did not plan to stay on the property for an extended period of time
    • Nothing about you being on the property indicated that you would stay for an extended period of time
    • You had permission to squat on the premises]

    Illegal lodging requires that you do something to indicate that you plan to stay on someone else's property for an extended period of time. Perhaps this was the case, but you didn't actually plan on staying long.

    EX: A man gets off his flight at an airport and waits at a nearby parking lot at night for his taxi to arrive. He is carrying a large number of belongings in his luggage, and he is somewhat disheveled from being on a long flight. A property owner in the parking lot sees the suspicious-looking man with several belongings sitting in his parking lot and calls the police, who arrest him for squatting.

    While carrying belongings is a sign of a squatter, the man did so for reasons other than trying to lodge in the parking lot, so he would not be in violation of the law.

    It is also possible that you did not do anything at all to indicate your intention to stay on the property for an extended period. Homeless individuals who are breaking the law may be charged with squatting just due to their appearance, which is not an adequate basis for the crime. If you didn't do something specific that indicates your intent to illegally lodge, you cannot be considered a squatter.

    Lastly, the idea of permission to squat can be a grey area because you don't have to receive direct permission to stay on someone's property. "Implied permission," is when the property owner's actions or inaction constitute a form of permission. A property owner who frequently lets squatters sleep in his parking lot cannot have them arrested out of the blue.

    Read More

  • Penal Code §191.5 Gross Vehicular Manslaughter While Intoxicated (DUI)

    California Penal Code Section 191.5 PC Gross Vehicular Manslaughter While Intoxicated (DUI)

    Gross vehicular manslaughter while intoxicated is considered to be a felony under section 191.5 of California Penal Code (PC §191.5).

    What are the Elements the Prosecutor Must Prove to Be Found Guilty of Gross Vehicular Manslaughter While Intoxicated?

    To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:

  • A human being is unlawfully killed in the driving of a vehicle;
  • The killing is committed without malice aforethought;
  • The driver of the vehicle is intoxicated in the sense of §§ 23140, 23152, or 23153 of the Vehicle Code (alcohol or drug influence);
  • The killing is the proximate result of an unlawful act, which does not amount a felony or the killing is the proximate result of a lawful act that has the potential to cause death; and
  • The acts described in the previous point are committed through gross negligence

    • In other words, we may speak of gross vehicular homicide when the driver being under the influence of alcohol or drugs has killed another person without an intent to kill, but the driver has manifested gross recklessness in that situation.

    An Example of Gross Vehicular Manslaughter While Intoxicated

    Suppose driver X is drunk. He tries to make a drift in the motorway. Suddenly the vehicle goes out of his control and flips over. As a result of the accident a passenger dies.

    What Is the Penalty for Gross Vehicular Manslaughter?

    The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.

    Legal Defense Against an Accusation of Gross Vehicular Manslaughter

    For the conviction of an accused under this crime, the prosecutor has to prove all the circumstances mentioned above.

    Unlike points 1 to 4, which can be proved by exhibits and expert conclusions, point 5 has a subjective side. So the tactic of legal defense may be constructed over this factor- whether the accused acted negligently? If yes, whether the negligence was gross or not.

    What Does Gross Negligence Mean?

    In the Black's Law Dictionary, the legal concept of ‘gross negligence' is described as a "lack of slight diligence or care".

    Thus in every concrete case question is whether the slight amount of diligence or care was sufficient in the given situation to prevent the accident. If the required diligence or care was beyond slight, then it amounts to another felony (vehicular manslaughter) leading to a relatively lenient penalty.

    Read More

  • Loitering to Solicit the Purchase of Alcohol PC 303

    California Penal Code Section 303 (PC 303)

    California Penal Code section 303 states the following: "It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting."

    What Constitutes the Criminal Act of Loitering to Solicit the Purchase of Alcohol?

    A violation of Penal Code section 303 requires 2 parts:

  • The defendant loitered in a place that sells alcohol for the purposes of consuming it on the premises.
  • The defendant was loitering with the purpose of soliciting patrons or other bystanders to buy alcohol for them.

    • "Loitering" can be defined as staying in a place with no legal reason to be doing so. This can take place in both public and private property.

    It is important to note that the first element requires that the area the loitering took place to be one where alcohol can be consumed on the premises. Liquor stores are a good example of somewhere that would not qualify. While people may loiter on the premises of a liquor store and ask for others to buy them alcohol, because they do not actually permit drinking on the premises, this would not be sufficient to violate PC 303.

    The second element requires that the defendant ask others to buy them or give them alcohol. This is fairly straightforward. It is important to note that the law does not necessarily require that the defendant solicit the purchase of alcohol from the place that they loiter, just that they ask in some form for others to buy them alcohol.

    What Are Some Examples of Violating PC 303?

    As mentioned before, it is required that the defendant loiters in a place where alcohol is meant to be consumed on the premises. One may think that the main example of a PC 303 violation is an individual under the age of 21 asking people outside of a liquor store/grocery store to buy them alcohol, however, this is not the case, given that these stores almost always do not permit drinking on the premises. Here are some examples that would constitute a crime under PC 303:

    How Can I Defend Myself If Accused of Loitering to Solicit the Purchase of Alcohol?

    There are plenty of defenses to allegations of violating PC 303 because the crime is often misunderstood to include more offenses than it actually does. Here are common defenses against loitering to solicit the purchase of alcohol:

    In order to be charged with a violation of PC 303, you must have been loitering. This means that even if you blatantly solicited alcohol in a place that sells it and allows drinking on the premises, if you had a legal reason to be on the premises (meaning you weren't loitering), you would not be violating the statute in question. Here is an example:

    Other defenses include that you did not solicit the purchase of alcohol or you did so in an area that does not permit alcohol consumption on its premises. Say someone bought you a drink without you asking, and you accepted it. Even if you were loitering, you did not actually solicit the purchase of alcohol, you merely accepted the offer from someone else.

    Also, as previously stated, soliciting alcohol on the premises of a liquor store or supermarket would not qualify as a violation of PC 303, because these locations do not permit the consumption of alcohol on their premises.

    Read More

  • Legally Opening a Marijuana Dispensary in California

    How Does One Legally Open a Marijuana Dispensary in California?

    Business and Professions Code 26051.5 (section a2) requires that one seeking a license to sell or grow marijuana must provide documentation of compliance with local ordinances, and proof of the legal right to operate on the proposed premises.

    The process of opening a cannabis dispensary can vary by municipality. Some still completely ban the sale of cannabis, and many others limit the number of dispensaries that can operate in a given area. Generally speaking, any local licensing will typically charge a fee and require one to submit the following:

    • A comprehensive business plan regarding finances, security, safety, and other various operations.
    • A community assessment plan that describes how one's business will affect the community in a positive way.
    • Proof of compliance with local zoning laws, which can be obtained from the city's community development department or similar organization.
    • Criminal history and background check.

    Business and Professions Code 26051.5 (section a6) requires that anyone who seeks to license a dispensary must have a seller's permit. This is required for all businesses that take part in the sale of any goods. A cannabis tax permit is only required in operations that participate in the distribution of cannabis. For dispensaries that solely retail cannabis, this permit is not required.

    Once the preparation for applying is done, an applicant must decide to get an A or C license. A licenses permit the sale of cannabis for adult use, while M licenses permit the sale for medical use. These have the same application requirements. Business and Professions Code 26051.5 lists all of the required documentation to licensing a cannabis dispensary. The requirements are:

    • Pass a background check and provide fingerprints for criminal history.
    • Documentation of the right to legally occupy and operate on the premises, which includes a statement of consent from the landowner.
    • All local licenses required by the municipality that the dispensary will operate in.
    • Valid seller's permit ID number, and a cannabis tax permit if required.
    • A detailed description of all business, financial, security, and safety operations.
    • A diagram of the premises, with a description of where all operations will take place.
    • Proof of compliance with the California environmental quality act.
    • Proof of compliance with Business and Professions Code 26054, which prohibits cannabis-related businesses from operating near schools and child care centers.
    • Applicants with 20 or more employees must provide documentation of a labor peace agreement. Any dispensary must enter into a labor peace agreement within 60 days of hiring its 20th employee.
    • All licensing fees. These can vary with different levels of expected profit. They range from a few thousand dollars to over one hundred thousand.
    Read More

  • Contempt of Court California PC 166

    Contempt of Court: California PC 166

    In California, it is a crime to purposefully and intentionally violate a court order. California Penal Code Section 166 (PC 166) refers to a wide range of behaviors that are essentially disrespectful to the court and the court process. Here is the list of unlawful actions mentioned in the Penal Code.

    • Court proceeding interruption in the direct view of the judge using disorderly, rude, or contemptuous behavior.
    • Trial or hearing interruption overseen by a referee using disorderly, rude, or contemptuous behavior.
    • Intentional and willful violation of a gang injunction order
    • Making noise or otherwise disturbing the peace in a way that directly interrupts court proceedings.
    • Intentional and willful disobedience of the written terms of a California or out-of-state court order.
    • Publication of a grossly false or inaccurate report of a court proceeding.
    • Intentional and willful resistance to a lawful court order.
    • Refusal to be sworn as a witness or to comply with the judge's requests during any court proceeding.
    • Presenting unauthorized statements in mitigation or aggravation to a sentencing judge.

    Elements of PC 166 Contempt of Court Crimes in California

    Prosecutor must establish the following elements for convicting the defendant of contempt of court:

    • Court issued a lawful written order to the defendant
    • Defendant was aware of the court order
    • Defendant had the ability to follow the court order
    • Defendant deliberately violated the court order

    Legal Defenses for California Penal Code Section 166 Charges

    • Defendant did not mean to be in contempt and violate the court order
    • Defendant was not aware of the court order
    • Defendant did not have the ability to follow the court order
    • The court order was issued unlawfully
    • Defendant was falsely accused;

    Penalties for Violating a Court Order

    In California violation of PC Section166 is usually a misdemeanor offense. This means that in case the defendant is convicted for contempt of court he can be sentenced to:

    • Up to six months in a county jail
    • A Fine up to $1,000
    • Misdemeanor probation

    Aggravating Factors for Contempt of Court

    Though there are certain violations that can result in more serious criminal penalties. The charges for contempt of court can be aggravated in case any of the following take place:

    • Defendant violated an order of protection in a domestic violence case
    • Defendant violated an order of protection in an elder abuse case
    • Defendant had a prior conviction for stalking and violating an order of protection
    • Defendant own or possess a gun or firearm in violation of an order of protection
    • Defendant had prior convictions for violating a court order.

    In case the defendant is found guilty in contempt of court and at least one of the above mentioned aggravating factors is present he can face:

    • Up to one year in a county jail
    • Up to three years in California state prison;
    • A fine up to $10,000
    • Additional criminal charges.

    Read More

    • Contact Us Now

    We'll Fight For Your Compensation

    Let us help you find the best legal solution to protect your rights. Schedule your free consultation today - we're always here for you.

    By submitting this form, you consent to be contacted by phone and/or email regarding your inquiry. Contacting us does not create an attorney-client relationship. Do not send any confidential or private information until an attorney-client relationship has been established.

    or
    (844) 522-7758[email protected]

    By submitting this form, you consent to be contacted by phone and/or email regarding your inquiry. Contacting us does not create an attorney-client relationship. Do not send any confidential or private information until an attorney-client relationship has been established.

    or
    (844) 522-7758[email protected]