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Different Types of California Driver's Licenses
Is it Illegal to be an Unlicensed Driver in California?
Yes, driving without a license not only can result in a fine but also a jail sentence. As per the California Department of Motor Vehicles, it is illegal for anyone with a suspended or revoked driving privilege to drive a car. It is also, illegal to ride a motorcycle without a California license.What Other Penalties Apply to an Unlicensed Driver?
Other penalties for being an unlicensed driver include impounding the vehicle for up to 30 days. Impounding a vehicle essentially is when an individual's vehicle is placed in a lot or towing yard at which point the individual must pay a fee to get their vehicle back.How Old Must a Driver be to Drive an Interstate Commercial Vehicle?
A driver must be at least 21 years old to be an interstate commercial vehicle driver. Further, as per the California Department of Motor Vehicles, the driver must be at least 21 years old to transport hazardous materials or waste. An interstate carrier is a vehicle that provides transportation services across state borders.What Are the Classes for California Driver's Licenses?
A driver may have any one of the following classes of driver's licenses: Class A, Class B, Class C, Class MI, or Class MI.What Vehicles Qualify for a Class A Driver's License?
Class A is for any combination of vehicles being towed has a Gross Vehicle Weight (GVW) rating of more than 10,000 pounds. For example, Class A can be for any trailer bus or any vehicle under Class B or Class C. Further, Class A can be for any vehicle towing more than one vehicle.What Vehicles Qualify for a Class B Driver's License?
Class B is any single vehicle with a GVW rating of more than 26,000 pounds. Further, Class B also applies to any single vehicle with 3 or more axles. The exception is any single 3-axle vehicle weighing less than 6,000 pounds. Additionally, buses as well farm labor vehicles also qualify for a Class B driver's license. Lastly, vehicles that are covered under Class C also qualify for a Class B driver's license.What Vehicles Qualify for a Class C Driver's License?
Class C is typically the most common class for a driver's license. Vehicles under Class C include any 2-axle vehicle with a GVW rating of 26,000 pounds or less. Additionally this applies to vehicles towing a trailer with a GVW rating of 10,000 pounds or less. Additionally, any 3-axle vehicle weighing 6,000 pounds or less also qualifies for a Class C driver's license as well as any 2-axle vehicle weighing 4,000 pounds or more.What Vehicles Qualify for a Class MI License?
This driver's license in fact is not for vehicles but rather for any 2-wheel motorcycles or motor-driven cycles and can be included on Class A, B, or C license upon completion of the exam.What Vehicles Qualify for a Class M2 License?
This driver's license is also not for vehicles but rather for any motorized bicycle or moped and can be included on Class A, B, or C license upon completion of the exam.Get Legal Help
Experienced and professional legal assistance can help you with any issues related to your driver's license. We invite you to contact KAASS Law firm at {meta.phoneFormatted} for a consultation on your case. - Read More
Voluntary Dissolution of a Corporation in California
How to Dissolve a Corporation in California?
The corporate existence of a corporation registered with the State of California can be ceased in two ways:- Involuntary dissolution;
- Voluntary dissolution.
What are the Laws Covering the Issue of Voluntary Dissolution of a Corporation in California?
The Corporations Code of California, chapter 19, sections 1900-1907, covers the legal regulations pertaining to the procedure of voluntary dissolution. These rules help an interested person to comply with the requirements of the law in the process of voluntary dissolution.Who is Entitled to Dissolve a Corporation?
In general, the voluntary dissolution may be initiated by:- The shareholders of the corporation;
- The board of directors.
- It has issued no shares;
- It has been adjudicated bankrupt;
- It has disposed of all of its assets and has not conducted any business for a period of 5 years immediately preceding the adoption of the resolution electing to dissolve the corporation.
What are the Next Steps for Voluntary Dissolution?
Winding Up
Once the resolution on a voluntary dissolution is in place, the corporation steps into the stage known as "winding up". This is aimed at finalizing the debt-clearance process. It assumes paying outstanding debts and discharging pending liabilities. Afterwards, the corporation resolves the issue of distributing the remaining assets to the shareholders entitled thereto.Notification
The corporation is required to notify its creditors about commencing dissolution enabling them to submit their claims to the corporation. Such notification shall include all the relevant information necessary for sending claims, for instance the mailing address, the deadlines for submission etc.Certificate of Dissolution
Further, you need to file a certificate of dissolution with the Secretary of State (SOS). The certificate of dissolution shall include the following information:- a statement that the corporation has elected to wind up and dissolve;
- a statement that the resolution was made by shareholders representing at least 50% of the voting power;
- an assurance that all the debts are paid in full with no deficiency, as well as the corporation does not incur any liability;
- a statement that the corporation's assets have been distributed properly;
- a statement affirming that a final franchise tax return for the corporation has been filed or will be filed
Get Help for Voluntary Dissolution for a California Corporation
If you need to initiate and finalize the process of a voluntary dissolution of your corporation, we invite you to contact an attorney at KAASS Law at {meta.phoneFormatted} and speak to our Glendale business attorney to assist with the process. - Read More
Issues with a Breathalyzer Test
Breathalyzer Test
When police officers pull a driver over for suspicion of drunk driving, the breathalyzer is one of the most common tools used to determine whether the driver was in fact driving under the influence. Essentially, a driver is told to blow into the breathalyzer which then determines the blood alcohol content of that driver. Unfortunately, using a breathalyzer may result in false positives due to a number of factors that can throw the machine off. Some of the more common factors are included below.Metabolism and Breathalyzer Test
Your metabolism rate can also adversely affect a breathalyzer reading. For example, if your metabolism is slow, then your body may take longer to absorb the alcohol, and the breathalyzer reading may appear to be higher than the actual amount of alcohol in your blood stream.Residual Alcohol in the Mouth
The breathalyzer is made to detect alcohol in the mouth. Unfortunately, the machine cannot tell the difference as to when that alcohol was consumed. Thus, traces of alcohol in the mouth, absorbed from food in between the teeth or even mouthwash may show a higher reading of blood alcohol content.Driver has Health Issues
Certain health issues of a driver may throw a breathalyzer test off and show a false high blood alcohol content. For example, a driver who suffers from diabetes and experiencing hyperglycemia, which is when someone has high blood sugar, may be detected by the breathalyzer resulting in a false high blood alcohol content.Breathalyzer Machine Malfunction
Breathalyzer must be properly maintained in order to produce accurate results. This means that breathalyzers must constantly be recalibrated. Thus, should a police officer fail to calibrate the machine, false high blood alcohol content may result.Glendale DUI Attorney
If you have been charged with a DUI, contact our office at (310) 341-711 for a consultation. Our DUI attorneys will help determine your case and whether you have any feasible defenses. - Read More
Media Liability Insurance for Content Creators Explained
In an age where technology continues to develop, liabilities for professionals and businesses evolve as well. Many businesses, such as Youtube content creators and other media and advertising professionals, are purchasing cyber liability insurance to protect themselves.What is Media Liability Insurance?
Media liability insurance is an insurance policy that protects media-related businesses. This includes publishers, broadcasters, advertising agencies, content creators, and video or film producers. It offers broad protection to help policyholders with the costly damages resulting from a variety of media-related claims.What Does Media Liability Insurance Cover?
The term "media" is a broad term. As such, media liability insurance should be customized to fit the content creators' needs. Media liability policies are designed to protect the insured from common media and entertainment-related liability risks, which can include, depending on the policy:- Copyright infringement
- Plagiarism
- Verbal or product disparagement
- Breach of implied contract
- Breach of a license agreement and/or breach of the product placement agreement
- Unauthorized use of material, trademark, or names
- Invasion of privacy
- Defamation
- Libel
- Slander
Other Media Liability Insurance Coverages
Other media liability insurance policies may also protect subsidiaries, directors, officers, and business employees. The cost of defending a liability claim can be financially devastating for any organization. Agents need to review all the nuances of their client's organization(s) to ensure that the coverage they can offer is broad enough to cover all necessary entities without leaving any gaps in coverage.Other Policies for Media and Advertising Businesses
Advertising agencies, social media companies, publishers, and other media and advertising professionals should also consider other covereages including:- General liability insurance: A general liability policy can cover expenses related to third-party bodily injury or property damage, including medical bills and legal costs.
- Media liability insurance: Media liability insurance is also referred to as professional liability insurance. This policy protects media and advertising professionals against lawsuits related to advertising injuries.
Los Angeles Business Litigation Attorneys
If you are a content creator and have been served with a lawsuit for works that you have published, we invite you to contact our Los Angeles business litigation attorneys at {meta.phoneFormatted} today. - Read More
Formal vs. Informal Diversion in California
What is a Formal Diversion?
In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. Should the defendant successfully complete the terms of the probation, the defendant's charges are dismissed. However, the defendant may have to plead guilty to the crime they have been accused of.What is an Informal Diversion?
Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant will be required to fulfill obligations within their probationary period. Should the defendant fulfill their obligations, the case will be dismissed.What Crimes Qualify for Formal Diversion?
Formal diversion is an option for non-violent misdemeanor crimes such as petty theft, trespassing, or disorderly conduct. Typically, formal diversion is available if the following are present:- The defendant is charged with a non-violent offense;
- The defendant has not been convicted of a drug crime in the past;
- The defendant has not been convicted of a felony crime within the past 5 years.
Do Formal Diversions Affect Professional Licenses?
For those who hold a professional license, this is where it gets tricky. Essentially, formal diversion may affect an individual who holds a professional license. Depending on the nature of the professional license and crime(s) involved, pleading to a criminal offense is enough to trigger disciplinary action against the professional. For purposes of a professional license, it is better to be convicted of another misdemeanor offense that does not trigger disciplinary action taken by the professional board. For example, pleading to an accessory after the fact rather than to a crime involving moral turpitude.Who Qualifies as a Professional Licensure?
Doctors, lawyers, nurses, or therapist are just some examples of occupations that have professional licenses. Essentially, these professions require individuals to take and pass state-approved tests before they are allowed to practice their profession in the state of California.Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with a crime and has a professional license, contact our Los Angeles criminal defense attorneys at {meta.phoneFormatted} for a consultation. Our attorneys will provide you with legal assistance your case requires. - Read More
Creating a Tenancy in Common in California
What is a Tenancy in Common?
Tenancy in common is established when two or more individuals place their names on the deed to the property and therefore own the property together. A tenant can own unequal shares and can have different ownership interests. Owning property via a tenancy in common has grown in popularity due to property price increases.
What Does Type of Property can a Tenancy in Common Apply to?
Tenancy in common can apply to office buildings, undeveloped land, office space, or a house.
What are Space Assignment Co-Ownership Tenancy in Common?
Property can be held as a space assignment co-ownership tenancy in common. Essentially, these are similar to condominiums in that an individual assigns houses, apartments, rooms, officers, stores, or storage spaces to each owner. Additionally, particular tenants in this configuration have rights created in a contract that are signed by all co-owners.
A space assignment co-ownership tenancy in common can be more popular because local condominium conversion restrictions do not apply to tenancy in common conversions.
Is a Tenancy in Common Conversion Legal Everywhere?
In the state of California, a space assignment co-ownership tenancy in common may be formed for any building, whether it be commercial or residential. Furthermore, the location of the building, its zoning, size, layout, age, unit mix, or construction do not matter for regulatory purposes.
What are the Tenants in Common Rights and Liabilities?
The following is a list of the rights and liabilities that tenants in common have:
Transfer Ownership Rights in Tenants in Common Property Ownership
Each tenant in common has the right to transfer their ownership interest to a third party. Essentially, the tenant in common can sell, gift, or mortgage their share. Should the other tenants in common be negatively affected by this transfer, the owners must all agree to the transfer.
Income from Property Rights in Tenants in Common Property Ownership
Each tenant in common has a right to share the income produced from the property. Thus, each tenant in common may receive the income that is proportional to their share of ownership interest they have on the property.
Property Expenses Responsibility in Tenants in Common Property Ownership
Each tenant in common shares responsibility of the property expenses. This responsibility is based on the percentage of ownership interest each tenant in common owns. To use an example to demonstrate, if a tenant in common has 60% ownership, they will pay 60% of the expenses.
Creditors Interest in Tenants Common Property Ownership
Should a creditor gain an interest in the property, all owners of the tenancy in common may be forced to sell the property. However, the other tenants in common can be compensated for the sale of the property based on the percentage of their ownership interest.
How Do You Terminate a Tenancy in Common?
A co-owner can terminate the tenancy in common by selling, conveying, or transferring their interest in the property to a third party.
California Real Estate Attorney
If you or someone you know is thinking of creating a tenancy in common, please contact our California real estate attorney at {meta.phoneFormatted} for a consultation. Our attorneys will provide the legal assistance you need to help create a tenancy in common for you.
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Defamation: Suing for Harm to Reputation in California
It is a common issue both for ordinary citizens and public figures, as well as companies to suffer harm to their reputation. California law allows them to sue for compensation of such damages. The law classifies the damages to reputation into several groups, which include:
- defamation (libel or slander)
- invasion of privacy laws, which includes disclosure of private facts of the person
- business/commercial disparagement
Libel & Slander: How is Defamation Regulated Under California Law?
Defamation is the spread of false statements, which is done to cause damage to one's reputation. Slander is the disclosure of such statements verbally and libel is such disclosure, which is done in writing.
What are the Elements for Defamation?
The elements a plaintiff must establish to successfully sue a third party for defamation are the following:
- An intentional publication of a statement of fact;
- That was a false statement;
- That is unprivileged;
- That has a natural tendency to injure or which causes "special damage"; and
- The defendant's fault in publishing the statement amounted to at least negligence
What is the Difference Between Defamation "Per Se" and Defamation "Per Quod"?
Under California law defamation is "per se" is statements that are damaging on its face without the need of further explanations. An example of defamation per se includes for instance a false accusation that someone committed a crime or is unfit to practice in their particular profession.
In case defamation is "per quod", the victim shall prove that the spread of a false statement causes damages. Examples of such damages can include lost profits, employment, negative consequences, a decrease of customers for a business, etc.
What is Public Disclosure of Private Facts?
Under California law, public disclosure of private facts is a form of invasion of privacy. To get compensation for damages, the plaintiff must prove the following:
- the fact, which was disclosed, was private;
- the fact was disclosed to third parties;
- such disclosure can be "offensive for a reasonable person";
- such disclosure "was not of legitimate concern".
An example of public disclosure of private facts include publishing statements of your best friend's diagnosis or some intimate content to public media without his/her consent.
The existence of a "private act" is decided on a case-by-case basis based on what an ordinary person can consider private and protected information and the disclosure of which can be offensive.
Physical persons have the right to sue for such kind of harm in one year from the date of disclosure.
What is Business Disparagement?
Business disparagement is referred to:
- making negative and false statements regarding business;
- the statements can cause financial harm to the business.
For example, a supermarket publishes information in a public newspaper that its competitor's products do not comply with the applicable governmental standards.
Statue of Limitation for Business Disparagement
A corporation has 2 years to file an action for compensation of disparagement after the statements' publishing and dissemination.
The plaintiff shall prove the existence of the following elements to seek compensation of damages:
- the published statements are not true;
- the statements are communicated to third parties;
- they resulted in causing harm to the business;
- the statements were disrespectful and were related to the name and/or products of the business;
- the person who was engaged in the dissemination of such statements knew that it was false but disregarded it as if it was true.
The dissemination of such statements can be conducted both orally and in writing. The loss of income in case of business disparagement can be proved by showing invoices, tax returns, bank account statements of the company.
For harm to reputation victims mostly recover such damages as:
- loss of income (business income) whether direct or indirect
- the amounts which were spent on restoration of damages caused to reputation.
Get in Touch with a California Defamation Attorney
If your or a loved one's believe that you have suffered defamation by a third party we invite you to contact our Los Angeles Personal Injury attorneys at {meta.phoneFormatted} for a consultation.
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Accident Claims Against DUI Drivers
Driving under the influence of drugs and alcohol is forbidden by California Vehicle Code. It is considered that the driver is intoxicated-is under the influence of drugs or alcohol if that harms the driving abilities of the driver.
If you have a driving accident by the fault of the DUI driver, you are entitled to seek compensation for damages as well as filing a civil lawsuit against the at fault party.
What is the Ground for the Driver to be Held Liable for the DUI Car Accident?
Any driver has a duty of care towards other drivers and pedestrians. This duty is also the basis of all restrictions under California law regarding intoxicated driving. Thus, if this duty of care is violated and one is injured because of such violation, the driver can be held liable.
Furthermore, the DUI driver may be liable under the "negligence per se" legal theroy. In other words, if the driver violates a statute, for example, drives under influence of alcohol or drugs, drives with excessed BAC, etc, and, as the result of these violations a car accident happens, the driver shall be held liable for the injuries caused to the victim.
To seek compensation for damages for DUI accidents, you shall prove that the driver was drunk or under the influence of drugs at the time of the accident, and this fact acted as a direct reason for the accident to happen.
It shall also be noted that you do not need to wait for the drunk driver to be convicted, to be able to file a civil lawsuit. If you can present evidence supporting your damages caused because of the car DUI accident, you can ask for compensation and not wait for the driver to be convicted.
What Damages Can be Recovered by the Civil Lawsuit?
You can seek compensation for the following damages caused to you as the result of a DUI accident:
- compensation for medical expenses spent on physical and psychological recovery;
- lost ability to work and lost wages;
- loss of body parts,
- Pain and suffering
To receive the compensation, you shall prove that you suffered from the mentioned damages and shall show the direct link between the negligence of the driver and your damages.
Are DUI Drivers Covered Under Their Auto Insurance Policy?
Most insurance policies can recover compensatory damages if the policyholder driver injures someone while being drunk. In case the driver does not have insurance or the aggregate policy doesn't cover the damages, you shall sue the driver directly to receive compensation.
Los Angeles DUI Accident Attorney
If you or a loved one has been in an accident with a DUI driver, contact our Los Angeles Personal Injury attorneys at {meta.phoneFormatted} for a consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
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What is a 1031 Exchange in California?
In California if a person wants to sell an investment property and wishes to buy another one, he/she should be aware of the 1031 tax-deferred exchange. This procedure allows the owner of investment property to sell the property and purchase like-kind property while deferring capital gains taxWhat is a 1031 Exchange?
The name of 1031 exchange gets from the U.S. Internal Revenue Code Section 1031 according to which a person can avoid paying capital gains taxes when selling an investment property and reinvest the proceeds from the sale in a property or properties of like kind and equal or higher value. According to the Internal Revenue Code Section 1.1031, no loss or gain is recognized in case the property held for productive use in a business or trade for investment is exchanged exclusively for the property of a like-kind to be held either for productive use in a business or a trade or for investment.Types of Real Estate Exchanges in California
There are several types of real estate exchange when you wish to participate in a 1031 exchange- Simultaneous exchange
- Delayed exchange
- Construction or improvement exchange
- Reverse exchange
Simultaneous 1031 Exchange
One type is a simultaneous exchange when a 1031 exchange happens on the same day. This type of exchange can take place in two separate ways:- The first way is where a person swaps deeds with the owner of the other investment property
- The second way is a three-party exchange. This occurs when the transaction between a person and the owner of the other investment property is enabled by a third party called a Qualified Intermediary, who handles the entire exchange.
Delayed Exchange: 1031 Exchange
The most common type of 1031 exchange is called a delayed exchange. 1031 Exchange occurs when a person sells a property, receives the money, and buys the property after a delay, which could be from one day to several months before getting the replacement property. A person has 45 days to identify a new property and 180 days to close the transaction In the event, a property investor fails to buy a replacement property within the time limits, the property investor will have to pay capital gains on the proceeds from the property sale.Improvement or Construction Exchange
This is a type of exchange that allows the person to make improvements to the property before the actual exchange happens. In this case, the property is placed with a capable intermediary for 180 days and within this period a person can use the exchange equity to make the required improvements. However, there are three separate requirements that you must meet But in case a person wants all gains to be free from taxes he must follow these rules:- all exchange equity must be spent as a down payment or by making construction and improvements to the property within 180 days.
- The taxpayer must get the same property that was identified on the 45th day
- The property must be at an equal or greater value once it is given back to the taxpayer
Reverse Exchange
This type of exchange allows the person to find and purchase an investment property before selling his own investment property. This helps the person to wait to sell his property until the market value of the property increases. In this case, the transaction mainly occurs with 100 percent cash. A person has 45 days to determine which one of his investment properties will be relinquished and after that he 135 days to complete the sale. For more information regarding 1031 exchange or investment proeprties we invite you to contact our real estate attorney at {meta.phoneFormatted} today. - Read More
Different Types of Easements in California
An easement is defined as a right for a person or an entity to use a part of real estate that they don't actually own for a specific purpose.Types of Easement in California
There are four types of easements that can be applicable to your property, including:- Express easements
- Implied easement by existing use
- Easement by necessity
- Prescriptive easements.
Express Easement
Express easement is created either through a reservation or a grant. In case of a granted easement, the landowner provides a person or the entity with the ability to use the land for right of way purposes. In the case of a reserved easement, the land is sold from one person to another, but the original owner reserves an easement for his benefit.Implied Easement by Existing Use
Implied easements exists where an area of land is divided into two parts and one part was used for the benefit of the second one before the land was divided. An implied easement doesn't need to be in writing, unlike express easements.Easement by Necessity
Easement by necessity occurs when use of the land is unconditionally necessary. Easement by necessity doesn't require preexisting use of the land. In case someone's property is blocked in, he may need to use a portion of another person's property to reach the street.Prescriptive Easement
A prescriptive easement can be granted when one person continued to use a portion of another person's land for a specific period of time. A prescriptive easement may still be granted, even if the owner didn't give his permission to use his landScope of the Easement
Scope of the easement refers to how the easement can be used which is determined by the type of easement.- The scope of express easements are limited to the terms of the easement
- The scope of an implied easement is determined by existing use is limited to how the land was used before that easement existed.
- An easement by necessity is limited in scope by the degree of necessity.
- The scope of a prescriptive easement is typically limited by the term how the land was initially used.
Real Estate Attorney
For more information regarding easements, land use, property rights, and or development laws, we invite you to contact our real estate attorney today at {meta.phoneFormatted}.