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What is a Corporation Within The California Jurisdiction?
The first step in starting a business is to gain a business formation. In general, there are four types of business formation in Californian. They include:- Sole proprietorship;
- Partnerships;
- Limited Liability Companies;
- Corporations
What Is the General Definition of a Corporation?
A corporation is an organization through which a business is conducted. It is a legal entity incorporated in certain jurisdictions by its founders. Like a physical person, a corporation has its rights and obligations. However, the latter shall not be attributed to the owner(s) of a corporation, since they are distinct from each other.What are the Characteristics of a Corporation?
Corporations as a rule have several of distinctive characteristics that altogether separate them from the other types of legal entities and help to obtain certain rights and obligations. Many specialists in the field of corporate/business law distinguish characteristics of corporations that overlap one with the other. Many lawyers believe that the central attributes of the corporations are:- Perpetual existence,
- legal personality/identity
- limited liability.
Perpetual Existence
In most states, it has become a conventional practice when the companies are incorporated without having a temporary existence limitation and only in exceptional cases do the founders/shareholders of the companies decide to have an ending date. If the shareholders decide, at the moment of registration, that the company should have a specified ending date, then the defined date shall be considered as an automated end of the corporation if prescribed in the charter of the company. However, in the prevailing number of cases, the founders of the corporations do not specify an ending date, which means that the corporation can have an ending date only if:- It is declared bankrupt and then liquidated;
- The founders decide to liquidate the company accompanied by the court decision.
What is the Aim of Perpetual Existence?
The characteristic of perpetual existence of the corporation gives the shareholders a sense of comfort meaning that the corporation is easily manageable, safer and a stable place to make investments, expect returns without having to worry about the sudden changes. Likewise, this characteristic eliminates any extra expenses the corporation may have taken for the regular updates/addendums in the state registration body. Alternatively, corporations can carry the information as initially prescribed in the charter without spending additional efforts to file any other documents.Legal Personality with Respect to The Business Entity Formation
A legal personality in the case of companies is decided by the specific types of business organizations, which own separate property and assets (tangible, intangible) and the liability of the latter extends to the assets and investments it committed. The legal persons can acquire and exercise property and non-property rights, carry on responsibilities, act as plaintiffs and/or defendants in courts.Limited Liability Company
Limited liability is a fundamental doctrine of corporate law. There are many benefits of a limited liability company. The rule of limited liability implies that the investors who make contributions to the equity capital of the company/corporation bear the risks only to the extent of the initial investments and the assets the company possesses. For example, if A and B persons, each owning 50% of the shares in the company, jointly organized, invested 200$ in total to the charter capital of the company, then each of them risks only 100$ and not more than the investment if no other assets are transferred under the property entitlement of the company.Get in Touch with a Corporate Attorney
If you need help in forming a corporation in California we invite you to contact our Los Angeles Business lawyer at {meta.phoneFormatted}. - Read More
Reimbursement for Medical Expenses After an Accident
Getting compensation for medical bills and expenses is the first thing that comes to anyone's mind after an suffering injuries from an auto accident. Usually, the at fault party responsible for the accident or the injuries should be liable for your medical expenses. However, they do not usually pay compensation immediately after the accident. To better understand the medical bill's compensation process, let's examine it part by part.How Get Reimbursement for Medical Bills Following an Auto Accident?
As already discussed, the responsible party to pay for your medical bills is the liable party or the insurer, who in common practice do not compensate at once. Thus, if you are waiting for a settlement or for the case to go to trial, you can get your bills paid by your insurance company- private insurance obtained through an employer or government insurances, etc. However, there are also common causes, when the injured party does not have health insurance.What to Do if You Don't Have Health Insurance and You Were Involved in an Accident and Need Medical Treatment?
The legal regulations allow giving discount or payment plans to uninsured parties or to any person "whose income does not exceed 350% of federal poverty level" Another option is "medical lien". It allows the health care provider to receive payment of medical bills from the judgment or settlement of the personal injury case. This mechanism allows the patient to pay after the case is resolved. However, you'll not find many hospitals or medical organizations, who will agree to work by this scheme, as there is always the risk that the case will not be successful and they cannot get paid back. This scheme can also be risky for you as if you do not succeed with your case, you shall be liable for the remaining part of the expenses. If you have insurance but doubt whether you should use it or give a medical lien, it is recommended to use the insurance. If you use it, the medical help providers cannot charge you in full rate, exceeding your contract rate. Also, in the case of insurance, you have more options for healthcare providers to choose from. To sum up, choose your insurance unless you do not have it or the services you seek to receive are not covered by the insurance you have.How to Pay the Health Insurer Back?
Insurance companies have subrogation rights for a personal injury claim. Subrogation right means that your insurance company can recover your medical expenses from the party who was liable for the injuries. Your insurer shall also have the right to sue the liable party on your behalf.How to Claim Compensation for Your Medical Expenses Due to an Auto Accident?
Claiming compensation for medical expenses is not an easy process. You still need a professional attorney to assist you with evaluations of your case, negotiations for a larger settlement. Professional legal assistance is more essential if you seek compensation for pre-existing injuries, that is- the injuries that you had before the accident but which got worse as the result of it. If you or a loved one have been injured in an auto accident and want to claim compensation for the medical expenses, we invite you to contact our office at {meta.phoneFormatted} for a consultation with a Los Angeles personal injury attorney. Our attorneys will help you to proceed accordingly. - Read More
How to Get Compensation for Stairway Accident Injury
Have you ever thought that there are special requirements for building stairs or stairwells? Almost everyone has slipped on stairs and even fell, some of us have got serious injuries and some of us, fortunately, don't break any bones. Is it possible to get compensation for being damaged in a stairway accident or what has happened is only your fault?Who is Responsible for a Stairway Accident?
As mentioned already, there are special requirements for stairs under California Residential Code. These requirements concern the width and height of such stairs, tread depth, slip resistance, etc. This means that if such requirements have not been met by the constructor or the stairs haven't been maintained clean and in good repair by the house owner, such circumstances can lead to the latter's responsibility for the occurred accidents. Thus, the stair accident claims shall be based on negligence or product liability of:- the construction companies;
- property owners;
- designers or architects.
1. Manufacturers/Sellers/Constructors Liability for Stairway Injury
If the requirements to the stair haven't been maintained and the injury has been caused as the result of defective stair surfaces, defective rails, the manufacturer/seller shall be liable for such defects and the injuries caused in their result under product liability laws. In other words, under such laws, the liability arises for anyone, who:- constructs stairways;
- manufactures stairways;
- designs stairways,
- sells or distributes stairways
What are the Elements That the Plaintiff Must Prove for Liability to Attach?
In order for liability to attach on a stairway manufacture, designer, seller, distributor or contractor the Plaintiff must prove the following elements:- the defendant was the manufacturer/designer/seller of stairways;
- the defendant owed a duty of care to the injured party which was breached;
- the stairway was defective after leaving the possession of the stairway manufacture, designer or seller; and
- the accident occurred due to the defects of stairs and not the negligence of the plaintiff
Stairway Accidents Caused by a Constructor's Employee
Often times, it can be more problematic to recover damages from an employee of a company, rather than the construction company itself. However, the corresponding legal regulations provide the possibility to recover damages from the employers for negligence of the employees, because the employer shall be vicariously liable for such actions. It is just essential to prove that the negligent employee while constructing the stairs, was acting within the scope of his employment.2. Liability of the Property Owner of the Defective Stairway
Can a property owner be liable for the damages to the victim? Yes, a property owner has a duty of care for keeping the property in a safe condition. Duty of care is shown by either fixing the issues with the stairway or at least warning the persons about the problems. Thus, if such actions have not been conducted and as a result, an accident took place, the property owner will be held liable for compensating the damages. Generally, such compensation shall be covered by the owner's insurance policy, however, if the policy is not enough, the owner shall pay "from his own pockets". The following factors are often taken into account for determining the owner's liability:- the likelihood and seriousness of injury because of the defects of the stairs;
- the degree of control over the property and the burden to take measures to avoid the risks of the accident;
- direct cause of injury by the owner's negligence
What Remedies are Available for Stairway Accidents?
A injured party in a stairway slip and fall accident has a number of remedies. An injured party is entitled to compensation for the following expenses:- out of pocket expenses;
- compensation for medical and ambulance expenses;
- compensation for temporary or permanent loss of earning capacity;
- compensation for funeral or burial expenses as well as loss of financial support in case of a wrongful death lawsuit filed by a surviving family member for a dead victim of stairway accidents.
Los Angeles Premises Liability Attorney
If you or your loved one had a stairway accident, contact our Los Angeles premises liability attorneys today at {meta.phoneFormatted} for a constellation and case review. - Read More
Can you Sue For Injuries Sustained in a Horse-Riding Accident
In California, you can sue for injuries sustained in a horse-riding equestrian accident. An injured party may be entitled to damages, such as medical expenses and pain and suffering.
Who is Liable for a Horse-Riding Accident?
Liability for an injury sustained in a horse-riding accident may attach to:
- horse trainer;
- the property owner where the accident occurred;
- the horse owner;
- the riding club;
- the company that made defective riding equipment (products liability)
- the company that operates the horse-riding/horse-back riding service and/or
- other riders, etc.
Common Causes of Horseback Riding and Equestrian Accidents
Common causes of action in horseback riding and equestrian accidents include the following:
General Negligence: Often times horseback riding accidents and injuries occurs due to the equestrian club and or riding agency's negligent actions. Common negligent action on part of the equestrian club includes failure to the instructor to train new riders, failing to properly train a horse, or failure to properly fasten saddles and girths to the horse.
Product Liability Claim: Horseback riders can sustain injuries due to the use of defective riding equipment such as defective saddles, defective riding helmets, defective girth, and bridles. In order to succeed on a product liability claim, the plaintiff must prove that the existence of a defect in the product substantially increased the risk of harm to the end-user. A plaintiff may prove the existence of a defect in a product in 3 ways. (1) Defect in the manufacturing process of the product; (2) Defect in the product's initial design; and (3) Failure to warn.
Premises Liability: Injuries sustained in horse-riding accidents can be caused by defective riding trail conditions including. Under premises liability, owners and operators of the property/land are liable for any injuries caused by known and knowable dangers.
What Compensation is Available in a Horse-Riding Accident
If someone was injured in a horse-riding accident, they may seek compensation for the following:
- Medical expenses incurred resulting from the accident;
- All future medical and rehabilitation expenses;
- Lost wages and salaries including loss of future income;
- Non-economic damage, such as pain and suffering
The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.
Personal Injury Attorney
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Growing Marijuana in California
California is a state that has been at the forefront of the marijuana legalization movement. The passing of Proposition 64 has led to some new changes that may impact those who grow marijuana there. If you are looking to grow marijuana and have been wondering what your options are now, read on.Is it Legal to Grow Marijuana?
Yes, it is legal to grow marijuana in the state of California as per the passing of Proposition 64.What is Proposition 64?
Proposition 64 is formerly known as the Control, Regulate, and Tax Adult Use of Marijuana Act. Per Proposition 64, adults ages 21 years or older may possess and grow a specified amount of marijuana for recreational use only. Under Prop 64, individuals are only allowed to grow up to only six (6) marijuana plants for recreational use. It is important to keep in mind, however, that possession of recreational marijuana is still a crime if it violates the Health and Safety Code Section.What is One of the Health and Safety Code Sections Associated with Proposition 64?
Health and Safety Code 11358 HS is one of the associated codes associated with growing marijuana. Specifically, this code section defines the crime of illegal cultivation of marijuana if someone aged between 18 to 20 years old cultivates marijuana. This crime is considered an infraction that is punishable by a maximum fine of $100. An infraction is a violation of the law but is it is not considered to be a crime, unlike a felony or misdemeanor.What are the Restrictions Associated with Growing Marijuana?
Some of the restrictions associated with growing marijuana pertain to the individual's age who decides to grow marijuana. As previously mentioned, individuals aged between 18 to 20 years old may be cited with an infraction. Additionally, an individual is not permitted to grow more than six (6) hash plants. This would lead to county jail time of up to six (6) months as well as possibly being fined up to $500. Further, an individual must grow the hash plant indoors or on the premises of their own private property, lock the space efficiently, and grow the plants in an area that is not visible from a public place.California Marijuana Cultivation Attorney
If you or someone you know is interested in growing marijuana for recreational use, contact our KAASS Law firm at {meta.phoneFormatted}. Our attorneys can provide you with a consultation on your case and provide legal assistance to make sure you are in compliance. - Read More
Common Carrier Liability in California
What is a Common Carrier?
A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example of a common carrier is Uber or Lyft services.What are the Responsibilities of Common Carriers?
A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead.What Are Some Examples of Common Carrier Responsibilities?
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of common carrier responsibilities include:- Treating passengers with civility.
- Providing a safe vehicle that is fit for the duties set forth to perform.
- Warning passengers of known dangers that exist in the type of vehicle they are operating.
- Giving passengers proper accommodations including a place for the disabled or elderly to sit.
- Driving in a safe manner.
- Screening and ensuring proper training for their employees.
Can a Common Carrier be Held Liable for the Passenger's Injuries?
A common carrier can be held liable for injuries sustained by a passenger. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver's control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.Uber/Lyft Accident Attorneys
If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at {meta.phoneFormatted}. Our attorneys can provide you with any sort of legal assistance you require. - Read More
Hydroplaning Auto Accidents in California
While, many people may enjoy rainy weather, rainy weather also becomes a problem for drivers and often times lead to traffic accidents. Particularly, rainy weather is a reason for most hydroplaning accidents.What is a Hydroplaning Auto Accident?
Hydroplaning is a term describing "sliding and skidding" of a vehicle across a wet surface. It also means the contact of vehicle's tires with more water, which makes them be displaced and lose their traction. This causes drivers to lose control over the brakes of the vehicle.Are Hydroplaning Accidents Only Caused by Water or Rainy Weather Conditions?
The main cause of the accidents is bad weather. However, there is also another reason for such accidents. They can be caused also by mechanical reasons. Particularly, poor tire tread or poor tire pressure can lead to failure to keep control over the car. Among such factors, a driver's negligence can cause car accidents. Particularly, it is prohibited to exceed the spread of a vehicle in case of bad weather conditions, and failure to slow down can lead to a hydroplane accident. However, others can also be responsible for the accident, which is a ground for the driver to seek compensation for damages.Other Negligent Parties in Hydroplane Accidents
Other than the negligent party, hydroplane accidents can often times be caused due to the the defects in road conditions. As such, the government may also be an at-fault party in hydroplane accidents if there was a defect in the road. The government is required to design and construct the roads in a way to maintain safety and exclude dangerous road incidents. In the event you believe that a hydroplane accident was caused by defective road conditions, you must file a California government tort claim within 6 months of the accident with the approprate government agency. Other drivers' negligence can also lead to the occurrence of hydroplane accidents.What Should I Do If I was Involved in a Hydroplane Auto Accident?
Cases involving dangerous roads are specific and complex. It can be very challenging to prove that the cause of your accident was the badly constructed road. In other words, it can be difficult, but at the same time essential to prove the direct link between your accident and negligence of, for instance, governmental bodies. Collecting evidence after an auto accident is important. As such, you should do the following:- inspect the road, take photos and videos
- collect details of witnesses of the accident, if any
- engage experts and investigators to explore the causes and reasons of the accident and provide a professional overview and conclusion
What Compensation Can be Expected for Injuries Due to a Hydroplane Auto Accident?
The compensation is usually evaluated based on the impact of the accident on your health and financial conditions. In the event you suffered injuries due to a hydroplane car accident, you can expect to receive compensation for:- medical expenses, which you had for recovery from damages caused because of the accident
- loss of wages because of inability to work for a certain period
- lifetime medical care in case there has been a catastrophic accident
- other expenses related to the repair of the car.
Seek Help from an Auto Accident Attorney If You Were Injured in a Hydroplaning Accident
If you or a loved one have been injured in a hydroplaning car accident, we invite you to contact our office at {meta.phoneFormatted} for a consultation with a Los Angeles auto accident attorney today. Our attorneys will help you determine the liable party and proceed accordingly. - Read More
Filing a Lawsuit for Drowning Accident in California
While a swimming pool is one of the best places to enjoy your weekend, it can become a risk for you and also the owner of the pool if an accident happens.Is it Possible to Sue for Drowning Accidents in California?
You can file a lawsuit for the drowning accident in case the swimming pool does not comply with the safety requirements of the state or in case the lifeguards were negligent and, as the result of such negligence, the accident happened. The owner of the pool can also be liable in case the lifeguard it hired was not qualified for the performance of job duties.What Does the Plaintiff Have to Prove in a Drowning Accident?
Upon filing a lawsuit for negligence arising out of a drowning accident in California the Plaintiff is required to prove the following:- the defendant had duty to the plaintiff;
- the defendant breached the duty of care;
- actual cause for the injury meaning the defendant conduct was as a substantial factor in causing damages (for example lack of supervision in children's pool) or proximate cause for the injury the owner of the pool was negligent to use or maintain the pool and its property and because of that negligence, the defendant was harmed (lack of warning signs in the pool); and
- plaintiff suffered damages
Who can File a Lawsuit if Someone Dies Due to a Drowning Accident?
Family members are entitled to file a lawsuit, such as:- spouse of the victim, also the domestic partner;
- children and grandchildren of the victim;
- parent of the victim, in case the latter was a child.
What Remedies are Available for Drowning Accident?
While filing the lawsuit, you can seek compensation of:- the medical expenses;
- lost earning capacity and lost wages because of the accident;
- compensation for pain and suffering
- burial and funeral expenses;
- compensation of lost earnings of the victim, etc.
- names and contacts details of the witnesses, who were present in the swimming pool during the accident;
- keep all your medical records to prove the amount of medical expenses you spent on your recovery.
Get Help for a Drowning Injury or Drowning Death Accident
Even in case you signed a waiver for liabilities, or the defendant argued that there is the "assumption of risk" - an inherent risk present while swimming, you can still expect to receive compensation if you have an experienced attorney. We invite you to contact KAASS Law firm at {meta.phoneFormatted} for a consultation and case review by a Glendale personal injury attorney. - Read More
Penal Code 21810 PC Possession of Brass Knuckles
Penal Code 21810 PC is a California law that prohibits the possession of brass knuckles. Penal Code section 21810 PC and may result in jail time and/ or significant fines.What is a Brass Knuckle?
A Brass knuckle is an instrument, made from metal with finger holes through which one's fingers can be inserted. Such as rings with spikes on their outer surface and ball bearings inside those holes.Penal Code Section 21810 PC
Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles, or brass knuckles ("BKs"). 21810 PC is a wobbler offense. This means that the prosecutors can elect to file the charge as either a misdemeanor or a felony.Penalties for a Misdemeanor Penal Code Section 21810 PC Violation
Penalties for a misdemeanor 21810 PC violation is punishable by:- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000
Penalties for a Felony Penal Code Section 21810 PC Violation
Penalties for a PC 21810 violation is punishable by:- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.
Other Related Offenses
There are three related offenses to brass knuckles. These include:- Penal Code 20710 PC Shobi-Zue – any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shobi-zue is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
- Penal Code 20610 PC Lipstick Case Knife– any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any lipstick case knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
- Penal Code 22410 PC Shurikens -any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shuriken is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. A shuriken is also known as a "Shur", "throwing star", or "ninja star"
Los Angeles Criminal Defense Attorney
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Bankruptcy Reorganizations and Arrangements in California
What is Bankruptcy Reorganization?
Bankruptcy reorganization occurs when a corporation is unable to pay its outstanding debts or a company's passives exceed actives. As such, bankruptcy proceedings are likely to be initiate. These proceedings are conducted by a bankruptcy court. In the framework of bankruptcy reorganization, the insolvent corporation is given a chance to draft and submit a reorganization plan to the court. The latter is aimed at the financial recovery of a corporation. If the given reorganization plan is approved by the court, the corporation can continue its business activity since the payment of debts impeding corporate operations is adjourned.What Should a Reorganization Plan Include?
The reorganization plan must include all the necessary measures deemed necessary to decrease costs and increase the income of the corporation. The measures may refer to:- Changes in ownership of shares;
- Financial restructuring;
- Merger and acquisitions;
- Recapitalization;
- Substitution of management.
What If a Reorganization Plan Is Not Rejected?
If a reorganization plan is rejected by the court, the corporation is doomed to liquidation. That said, its assets will be sold to satisfy the claims of the creditors.Who Undertakes the Responsibility for Carrying out a Reorganizations Plan?
Pursuant to Corporation Code of California section 1400 of the trustee or trustees of a corporation appointed in the reorganization proceeding are vested the authority to exercise a reorganization plan or court orders without further consent by the corporation board or shareholders.What Kind of Powers Do Trustees of a Corporation Have?
The powers of trustees, among other things, may include:- Alteration or amendment of bylaws;
- Constituting or reconstituting the board;
- Substituting directors and officers;
- Changing capital stock;
- Authorizing to issue bonds;
- Electing to wind up and dissolve the corporation.
Dissolving a Corporation
If the reorganization does not succeed, or the trustees have elected to dissolve, the corporation should elect to "wind up" the corporation. As such, the trustees would file a certificate of dissolution with the Secretary of State.What Requisites Are There for the Certificate of Dissolution?
The trustees sign and verify the certificate of dissolution when the corporation has been completely wound up. It shall state the following:- Corporation's name;
- The identification of the court in which the order for relief was entered;
- Court's file number for the matter;
- An order confirming a reorganization plan has been entered in that case;
- The undersigned has been appointed by the court as a trustee;
- The shares of the corporation have been canceled pursuant to the terms of the plan;
- The assets of the corporation have been distributed pursuant to the terms of the plan;
- The corporation is dissolved.
Get in Touch with a Los Angeles Corporate Attorney
If you need help in the bankruptcy reorganization and arrangements process in California we invite you to contact our Los Angeles business lawyer at {meta.phoneFormatted}.