What is a Judgment Lien in California?

A judgment lien on real property is a legal form or document in money created by registering an abstract of a money judgment with the county registrar in a business office. Anything like jewels, arts, antiques, and other valuables can apply to real property or to the personal property of the debtor.

How to Create a Judgment Lien?

The lien judgment is regulated by the rule of law in California. When the title search discloses a judgment lien, that implies that in the district of the debtor (property owner), the judgment creditor has registered a Judgment Abstract.

How to Obtain a Judgment Lien in California?

To get the debtor's judgment on California's property, a creditor must mail or take the Abstract of Judgement to the county registrar's office of any of California's counties, in which the debtor is known to have a property currently owned, or plans in future.

An abstract of judgment is a written overview of a judgment, which indicates the cash that the losing party pays the individual who won the auction, the interest rate to be paid on the sum of the judgment, the cost of the court, and any special orders which it has to follow.

Whether the lien is to be attached to something like personal property, a creditor must file with the California Secretary of State the Abstract of Judgment notice. The lender may also notify the debtor of an examination.

What is The Duration of a Judgment Lien in California

A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. It can not be renewed for 5 years after the lien has been renewed. However, make sure the lien is renewed in California every 10 years before the estate decision ends.

Moreover, a creditor must remember that when it comes to the capacity to collect under judgment lien, there are several variables that are taken into account. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.

How is a Judgment Lien Satisfied in California?

If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract.

What Products Make Up the Cosmetic Industry?

What Are the Responsibilities of the Food and Drug Administration?

What Are the Responsibilities of the Fair Packaging and Labeling Act?

What Makes Cosmetics Defective?

Can Companies Be Held Accountable for a Defective Cosmetic Product?

California Products Liability Attorney

In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name but there are exceptions. First, the surviving spouse would need a certified copy of your spouse's death certificate and certificates of marriage to show that you married the deceased.

Does a Surviving Spouse Automatically Inherit Everything in California?

California is a community property state, as such upon the death of a spouse, the surviving spouse is entitled to one-half of the community property. Pursuant to California Family Code section 760, community property is defined as "all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in the state." At the end of a divorce, community property is generally split 50/50.

What Happens If My Spouse Dies Without a Will or Trust in California?

In California, if a spouse dies intestate, meaning there is no will or trust, then surviving spouses may inherit half of the community property, as well as, one-half of the deceased spouse's separate property.

Can You Disinherit a Spouse in California?

In California you generally cannot disinherit a spouse unless, your spouse waived such rights to inherit from you in a valid, signed agreement, known as a "pre-marital agreement".

California Probate Attorney

For more information regarding the rights of a surviving spouse or probate in California, we invite you to contact a California probate attorney at KAASS Law today at {meta.phoneFormatted}.

What is Road Debris?

Road debris is the term used to describe objects that end up on the road that do not belong there. Road debris can result from any number of sources, both vehicular and non-vehicular. Examples of road debris include:

• Tire that fell off of a truck
• Cardboard box
• Tree branch
• Mattress
• Loose/broken car part

Road debris is hazardous to drivers, cyclists, and even pedestrians. Accidents caused by road debris usually happen when a driver hits the object itself, or when a driver swerves to avoid the object and hits another vehicle or another object.

How is Fault Determined for Road Debris Accident?

A few questions to ask that can help determine who is at fault for a road debris accident are:

• What type of debris is it?
• Where is it?
• How did it get there?
• How long has it been there?
• Who's jurisdiction is the road?
• Did the road hazard cause the damages?

When an object falls off of a vehicle and into the road, the driver often does not notice and immediately drives away, making it difficult to assign blame to the party who dumped the debris.

In some cases, the government can be held responsible for the accident. If the public entity in charge of that road had proper notice of the road hazard, and had ample time to take measures to protect against the hazard and failed to do so, then they may be at fault.

How Can I Avoid a Road Debris Accident?

To avoid a road debris accident, one should always:

• Stay alert while driving
• Look ahead on the road
• Use turn signals when changing lanes to avoid a road hazard
• Keep a safe distance from the car in front of you
• Adhere to all other traffic safety rules

What Should I Do if I was Involved in a Road Debris Accident?

If you or a loved one has been injured in a road debris accident, we invite you to contact our office at {meta.phoneFormatted} for a consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.

Vehicle Identification Number also referred to as VIN, is used to permanently identify the vehicle on the road. It can be both a motor number, a serial number, or other distinguishing information. Its main purpose is a registration of the motor vehicle in the Department of Motor Vehicles, DMV, or its tracking.

VIN is usually placed both in visible places on the motor vehicle, such as on a metal plate which is attached to the dashboard of the vehicle, as well as the engine frame or other hidden places. Under California Law, it is considered a crime to intentionally or knowingly alter or destroy a vehicle identification number (VIN) and or misrepresent or hide the identity of the vehicle for the purpose of selling or transferring it.

Vehicle Code section 10802 Tampering with a Vehicle Identification Number (VIN)

California Law criminalizes several actions that aim to hide or destroy VIN for different purposes. This article will examine California Vehicle Code section 10802 tampering with a Vehicle Identification Number (VIN).

What Actions are Prohibited Under Vehicle Code Section 10802?

To charge the defendant for violation of VC section 10802, the prosecutor shall prove beyond a reasonable doubt that the following actions have been committed with the VIN:

The defendant (1) knowingly altered, destroyed, disguised, falsified, forged, removed, defaced, or counterfeited a VIN; (2) with the intent to: misrepresent the identity of, or prevent the identification of a motor vehicle or motor vehicle part; (3) for the purpose of: transfer, sale, import or export.

What are the Penalties for a Vehicle Code 10802 Conviction?

California Vehicle Code section 10802 is known as a "wobbler offense", as such, it can either a be charged as a misdemeanor or a felony. Penalties for a misdemeanor Vehicle Code section 10802 conviction will differ from a felony VC 10802 conviction.

Penalties for a Misdemeanor Vehicle Code section 10802 Conviction

A misdemeanor Vehicle Code section 10802 conviction carries the following penalties:

• imprisonment in a county jail for a term up to one year; and/or
• a fine in the amount of up to $1000

Penalties for a Felony Vehicle Code section 10802 Conviction

A felony Vehicle Code section 10802 conviction carries the following penalties:

• imprisonment in a county jail for a term of 16 month, two year, or three years; and/or
• a fine in the amount of up to $25000

The type of conviction is generally decided based on the facts of the case and the history of the offender.

What Are the Possible Defenses for a Vehicle Code Section 10802 Offense

Possible defenses for a vehicle code section 10802 offense may be

• You Defaced the VIN Accidentally

For example, you wished to replace your dashboard and accidentally damaged the VIN. This technique can be used as a defense method as there has been no intent or purpose to commit the violation described in section 10802.

• Someone Has Previously Changed the VIN Prior to You Acquiring the Vehicle

• You Didn't Alter the VIN so That it Could be Sold

For example, you tried to hide the stolen car, by damaging its VIN, though you did not have the purpose to export or to sell the car to a third party.

Experienced Criminal Defense Attorney in Glendale

If you or a loved one has been charged with VC 10802 we invite you to contact our Glendale criminal defense attorney today at {meta.phoneFormatted}, for a consultation and case review.

What is the American Rescue Plan Act of 2021?

This bill was passed on March 6, 2021 and provides relief to address the continued impact COVID-19 has had on the economy, public health, individuals, and businesses.

What will the American Rescue Plan Act Provide?

The American Rescue Plan Act of 2021 will provide funding for individuals and entities, including but not limited to, schools and institutions of higher education, small businesses, and emergency rental and homeowner assistance.

The Act will also provide an extension on unemployment benefits, expand and otherwise modify certain tax credits, including the child tax credit and the earned income tax credit.

What is the Child Tax Credit?

This credit is for parents who have children under the age of 17 years old. Taxpayers can claim a child tax credit of up to $2,000 for each child under the age of 17 years old who is an American citizen. The credit is reduced by 5% of adjusted gross income over $200,000 for a single parent and $400,000 for married couples.

What is the Earned Income Tax Credit?

The earned income tax credit is a way to support working parents who are either of low or moderate income. Working parents can get a credit equal to a percentage of their earnings for up to a maximum credit. In 2019, this credit could be up to $6,557 and $6,660 in 2020. However, once the credit reaches its maximum, the credit will lower with each additional dollar of income made until no credit is available.

In What Way Specifically Will the American Rescue Plan Act Effect Taxes?

As mentioned, the American Rescue Plan Act of 2021 alters existing tax policies. For example, the child tax credit will be increased from $2,000 to up to $3,600 per child that is under the age of 6 years old. Also, those who have children ages 6 to 17 years old and low tax bills can expect a tax credit of $3,000 per child. This is a new system that will pay a portion of the child tax credit in advance over the last 6 months of the year.

Additionally, tax credit will be extended for single individuals who make more than $75,000 and married individuals who make more than $150,000. The existing credit tops out for single individuals making more than $200,000 and married individuals making more than $400,000.

The legislation also effects the tax credits that parents receive to subsidize the cost of child care this year. Currently, the credit is worth 20% to 35% of eligible expenses with a maximum value of $2,100 for two or more qualifying individuals. The stimulus bill increases that amount to $4,000 for one qualifying individual or $8,000 for two or more.

What Types of Garage Door Accidents Can Occur?

• Getting hit with a falling garage door;
• Body part getting stuck between moving parts
• Suffocation from getting stuck under a closing garage door
• Lacerations from broken glass of a garage door

What Types of Injuries can be Caused by a Garage Door Accident?

• Lacerations on face/body
• Head trauma/concussion
• Internal organ damage
• Suffocation and lung damage
• Broken bones

Who can be Liable in a Garage Door Accident?

• Property owner or tenant
• Garage door seller
• Garage door manufacturer
• Garage door designer
• Garage door installer

What Damages can I be Compensated for in a Garage Door Accident?

• Medical bills
• Physical therapy
• Lost income and/or earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

What Should I do if I Was Injured in a Garage Door Accident?

According to California Health and Safety Code Section 120290 it a crime to willfully transmitting a communicable, infectious, or contagious disease. According to California Health and Safety Code Section 120290(a)(2), it is illegal to ignore the instructions of a health professional regarding transmitting an infectious disease.

How to Prove the Negligence?

One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that

• Defendant knew or should have known that he was infected with a sexually transmitted disease
• Defendant owed the plaintiff the duty to disclose this information
• Defendant infected the plaintiff with a sexually transmitted disease
• Defendant's action caused harm to the plaintiff

The keystone of a negligence claim is that the defendant owed the plaintiff the duty to disclose him the information about STD so that the plaintiff could make a decision about his wish or lack to be exposed to the disease. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn't occur. Usually, damages in this situation are based on the mental anguish and emotional distress.

Battery Cause of Action for Transmission of STD in California

A battery cause of action for transmission of a sexually transmitted disease involves the defendant's intentional, unconsented and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Moreover, it is not necessary that the defendant had a specific intent to transmit the STD – going forward with sexual contact with the knowledge that transmission could occur is enough. For a civil battery claim, the victim must prove that the defendant has actual knowledge that he is infected with an STD, or is likely to have one.

How to Prove the Fraud in California?

In order to prove fraud, the plaintiff must establish the following:

• Defendant knew that he had a sexually transmitted disease.
• Defendant hide, concealed, or otherwise failed in his duty to disclose that knowledge with the intention to have sexual intercourse
• Plaintiff contracted the disease as a result of sexual intercourse

Accordingly, a person who knowingly and intentionally fails to disclose knowledge of his sexually transmitted disease to a sexual partner can be held liable for any injuries sustained by the partner.

Intentional Infliction of Emotional Distress

A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. Frequently, a claim for intentional infliction of emotional distress for transmitting an STD is brought along with another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.

What is The Liability for Disclosing Another Person's STD?

Generally, disclosure of another person's HIV status is strictly prohibited, with narrow exceptions like court cases and medical procedures and. A violation of the statute can provide grounds for a civil lawsuit.

What Types of Damages a Plaintiff Can Recover?

In civil lawsuits, the plaintiff may be entitled to the following damages, including:

• The medical costs to treat the condition and costs related to receiving psychological counseling after being infected by an STD
• Pain and suffering
• Emotional distress and mental anguish
• A jury may also award punitive damages to deter similar conduct in the future.

If you have been infected with a sexually transmitted disease and have questions about whether or not someone else may be held liable for the transmission of your infection contact KAASS Law today at {meta.phoneFormatted}.

In order to prevent the commitment of new possible crimes in custodial facilities, California Law criminalizes actions of bringing contraband to those facilities.

Particularly, Penal Code 4373.5 PC Bringing Contraband Into a Jail or a Prison states that bringing into a state prison, prison farm, prison camp, and other institutions, where prisoners are held under custody, in any manner, shape, form, dispenser, container instrument for injection without having authority to do so under the rules of the custodial facility, is considered a felony.

What is "Contraband" as Defined in Penal Code 4373.5?

Contraband, under Penal code section 4373.5 PC, are alcoholic beverages and drugs other than controlled substances.

Examples of such drugs can be cough and cold medicines, pain relievers, cough suppressants, etc, as well as medication prescribed to treat different medical conditions, such as infections, diabetes.

What is Essential to Consider While Criminalizing Actions Under PC Section 4373.5?

The main element of the crime is the intent of the person to commit it, in other words, the person shall knowingly bring the contraband to the jail. Let's consider this example. You bring clothes to the jail, however before you reach the place, someone drops off a small bottle of vodka into the box with clothes. In case you can prove that you were not aware of how the bottle of vodka can appear in her box with clothes, you can be released from punishment.

It shall also be considered that prohibitions and sanctions shall be clearly posted near and outside of the detention facilities.

Example of a Penal Code section 4373.5 PC Charge

Let's consider the following scenario. You bring ibuprofen to your friend because you are aware that only this pain reliever is effective for him. Then, when charged for violation of Penal Code section 4373.5 PC, you claim that you were not aware that law prohibits bringing to jail this drug and you only had the intent to help your friend. It is impossible to rely on the fact of not knowing the law because the rule with its sanctions was written outside the jail.

Penalties for Penal Code Section 4373.5 PC Conviction

The violation of the relevant section is charged as a felony under California Law. It is punishable in state prison for 16 months or 2 years or 4 years, depending on the circumstances, as well as the criminal history of the person committing the violation. The judge can also award with a felony or formal probation.

Other Related Offenses

Another related offense is the violation of section 4573.6 of the California Penal Code. The section stands for bringing controlled substances to the prison, jail, any detention facility knowingly.

What is a Considered a Controlled Substance?

US "Controlled Substances Act" regulates the manufacture, possession of such controlled drugs. Examples of these are heroin, cocaine, or drugs similar to them. If the violation is charged as a felony and is punishable by imprisonment for up to 4 years in county jail.

Los Angeles Criminal Defense Attorney

If you or someone you know have been charged with Penal Code section 4373.5 PC Bringing Contraband Into a Jail or a Prison, it is critical that you consult with a Los Angeles Criminal Defense Attorney.

For more information about Bringing Contraband Into a Jail or a Prison and to schedule your consultation, contact Los Angeles Criminal Defense Attorney at KAASS Law at {meta.phoneFormatted}. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.