California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
November 19, 2015 By Law Firm of Rivers J. Morrell, III
Given the most recent very public admission by Charlie Sheen, it might be helpful to explain the legal ramifications. HIV is an STD (a Sexually Transmitted Disease). Herpes, Gonorrhea, HPV (Human Papilloma Virus), Syphilis, and Hepatitis are also all STDs. In California, and in many other states, it is a crime to willfully infect another person with an STD.
November 10, 2015 By Napolin Law Firm
Even car accidents that cause only minor damage to vehicles can cause significant bodily harm. When injury does arise from another person's negligent act, it is critical that medical attention and documentation. But who is going to pay for all those doctor bills? More importantly, when are they going to pay? Lawsuits take time to prosecute and can leave doctor bills piling up! Fortunately, many doctors will provide treatment on a lien basis.
Representing yourself or your company in an audit initiated by the Internal Revenue Service (“IRS”) is likely to be an exercise in futility. The IRS employs highly skilled revenue agents who will seek to take advantage of taxpayers who, understandably, are not knowledgeable on the rights and powers of the IRS.
In part because of the high levels of noncompliance with foreign tax reporting requirements (oftentimes out of innocent ignorance), the IRS has developed voluntary disclosure programs that allow taxpayers to come forward, correct their past mistakes, pay past-due taxes, and pay a set penalty (or, in some circumstances, pay no penalty).
The IRS collection process is a series of actions that the IRS can take to collect taxes that taxpayers owe if they do not voluntarily pay them. Generally, a taxpayer is required to pay a tax along with filing a tax return. The IRS will assess a taxpayer’s delinquent tax obligation if the taxpayer fails to pay a tax obligation when due. Subsequently, the IRS will send a notice and demand for payment to the taxpayer.
October 18, 2015 By Napolin Law Firm
A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
October 18, 2015 By Goldbach Law Group
Sometimes bad things can happen and will influence your life and job; things that will require your full dedication and attention; and things that will require you to leave your job for a certain period of time. Many people are worried when it comes to this situation not knowing that in many cases they are protected by the law and that they will not lose their job.
October 10, 2015 By Napolin Law Firm
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
October 9, 2015 By Law Offices of Mark Litwak & Associates
Errors and Omissions Insurance (also known as E&O Insurance) is malpractice insurance for filmmakers. These policies protect against claims of defamation, invasion of privacy, infringement of the right of publicity, idea and story theft, copyright infringement, plagiarism, piracy, and the unauthorized use of names and trademarks. Some policies cover unfair competition and failure to provide screen credit.
Partnership disputes distract business owners from the central focus of their company: profitable operations.
There are four primary steps an attorney or law firm should consider when approaching the resolution of a legal dispute in California.
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
October 4, 2015 By Law Office of Carlo Borja
A beneficiary of an approved I-140 petition for the first, second or third preference category may retain the priority date of the approved petition for any subsequently filed first, second or third category employment-based petition.
September 7, 2015 By The Law Office of Russell S. Babcock
Much of my practice deals with defending individuals who import methamphetamine into the United States. Anyone who has practiced federal criminal law knows that the penalties are daunting. In many case a defendant would receive less time for attempting to escape and running over and seriously injuring a custom’s agent than for the charge of importation of methamphetamine.
September 4, 2015 By Law Office of Andrew Bouvier-Brown
A California criminal defense attorney explains prostitution laws and how you can fight the charges. Learn more about prostitution defenses here.
August 16, 2015 By Rappoport Development Consulting Services LLC
The City of Los Angeles estimates there are over ten thousand miles of damaged sidewalks within the city limits, 40% of the damage caused by street trees. Many of the tree were planted in city parkways. After generations of neglect, the mounting number of complaints and payouts for litigation has forced the City to address the problem. Who is responsible for repair and maintenance caused by the trees and how will the City proceed?
August 11, 2015 By Goldbach Law Group
Financial or white collar crimes typically involve some form of deceit, maneuver or the abuse of a position of trust. It involve activities that defraud people of their money which affect private individuals, companies, organizations and nations.
H-1B lotteries to choose professional employees? Is this the best we can do?
On May 12, 2014, the Department of Homeland Security (DHS) published a proposed regulation which would, for the first time, permit certain H-4 spouses of H-1B professionals to apply for Employment Authorization Documents (EADs).
On June 5, the DHS Secretary announced the process for persons who have received work permits (EADs) under the Deferred Action for Childhood Arrivals (DACA) programs to renew their DACA status and work permits for another 2 years. Also, we describe the process by which persons in DACA status can obtain green cards.
In response to Congress’ failure to fix our broken immigration system, President Obama has promised to take action regarding immigration before the end of the summer.
On November 20, 2014, President Obama announced his long-awaited changes to our broken immigration system. None of the changes will take place immediately, and some hoped-for changes like recapture of lost EB numbers and counting only principals toward the 140,000 EB cap were not included in the new policy.
Fantastic news for those in the EB-3 category.
On January 13, a bipartisan group of Senators introduced the Immigration Innovation (“I-Squared”) Act of 2015.
In 2014, when over 172,000 petitions were filed for 85,000 visas, immigration lawyers had the following advice for the H-1B lottery losers.
Recently, the Defense Department greatly expanded a program which allows certain persons holding temporary visas to bypass the green card process and apply directly for US citizenship.
On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.
The June 2015 Visa Bulletin contains a bit of good news for persons in certain employment-based (EB) categories. However, for others, like Chinese investors, the news is mostly bad. For Filipino professionals and Mexicans and Filipinos in some of the family-based (FB) categories, the news is downright ugly.
August 5, 2015 By Fulcrum Inquiry
The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.
August 5, 2015 By King Aminpour Law Firm
No one ever thinks they will be the victim of an injury inducing car accident; however, every year over 2 million people are injured in car accidents in the United States. If you are the victim of a car accident, it can be scary and confusing trying to figure out the next steps you should take.
July 29, 2015 By King Aminpour Law Firm
What you may not know after you have been involved in an accident is the it is not only your insurance companies job, but also the job of the responsible party's insurance company to give you the least possible amount of compensation for you property damages, injuries, wage loss, and any other associated expenses. You, like many other may not know the depth of costs the company is liable to cover after an accident. An experienced accident lawyer can help you get the settlement that you deserve.
July 29, 2015 By The Law Offices of Jual F. Reyes
Prior to January 1, 2015, employers were not required to offer employees paid sick leave in California. However, with the passage of the Healthy Families Act of 2014, an employee is now entitled to paid sick leave. Beginning on July 1, 2015, an employee who works for an employer for 30 days or more within a calendar year from the beginning of employment is entitled to paid sick leave.
California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation. It is not appropriate for a seller to simply list a property “as-is.”
Most entrepreneurs and new business owners are working on tight budget and simply want to spend the least amount of time and money selecting a business entity and getting to work. After all, isn’t it as simple as downloading a few forms, filling in the blanks and submitting the corporate documents to the Secretary of State? Why would the owners of a new company want to spend the money to consult with an attorney?
There are definitely reasons to consider filing a breach of contract lawsuit even though you intend to find another path to resolve the situation. Filing the lawsuit puts the breaching party on notice that you are serious about holding them accountable, and may strengthen their resolve to cooperate to find a positive solution to the breach.
July 21, 2015 By The Law Offices of R. Sebastian Gibson
Until fairly recently, Prohibition-era laws have governed the liquor industry in California. As a result of amendments to these laws, craft breweries are now allowed to offer tastings and sell beer to customers. At present, however, distilleries of liquor can hold tastings, selling quarter-ounce samples, but still cannot make a direct sale of larger amounts to their customers. That is about to change if the Craft Distiller’s Act of 2015, AB 1295 passes and is signed into law.
July 20, 2015 By Harvey I. Stern, Attorney At Law
An introduction to the different types of property easements, how to determine their location on a parcel of land, and what is required of the property owner.
July 5, 2015 By The Law Offices of R. Sebastian Gibson
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
June 22, 2015 By Michael Ross, Attorney at Law
There is an unmistakable trend revealing itself in growing numbers of new cases: the “Instant Internet Lawyer.” This term refers to a growing corps of do-it-yourself amateur attorneys who believe that a few hours of web research, aided and abetted perhaps with discussions with total strangers on blogs, they are qualified to handle their own legal matters. Internet or no Internet, the old rule still applies: a person who handles his or her own legal matter has a fool for a client.
June 15, 2015 By The Law Offices of Jual F. Reyes
Dogs are a very important part of life in California and can bring companionship and joy in a person’s life. However, some dogs can also be dangerous and aggressive at any moment.
June 13, 2015 By The Law Offices of Jual F. Reyes
Sex discrimination and harassment are prohibited in the California workplace under the Fair Employment and Housing Act (FEHA).
June 10, 2015 By The Law Offices of R. Sebastian Gibson
In certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.
June 9, 2015 By The Law Offices of R. Sebastian Gibson
Few people realize Legionnaires’ Disease can occur in nearly any location. The first reported outbreak of Legionnaires’ Disease outbreak was at a Legionnaires Convention at a hotel in Philadelphia in 1976. Since then, outbreaks have been traced in California and other states to building water systems, spas and pools, fountains, and ventilation and cooling systems in hospitals, nursing homes, apartment complexes, shopping centers, fitness centers, dental offices, and individual homes.
June 8, 2015 By The Law Offices of R. Sebastian Gibson
Each year, nearly 1.3 million children are reported missing. Fortunately, most missing children are returned home in a short period of time. In any missing child case, you must act quickly. The first 48 hours are crucial. You must move quickly and decisively. Rather than hiring an attorney to coordinate your search, save your resources. If later, you need advice on specific points of law, you may want to consider using a lawyer to advise you only in a limited role.
May 18, 2015 By The Law Offices of Jual F. Reyes
One of the most common forms of workplace harassment in California takes the form of sexual harassment. Like any other form of harassment, it is prohibited in the workplace pursuant to the California Fair Employment and Housing Act (FEHA). Sexual harassment is defined as any unwanted sexual advances and offensive behavior that are sexual in nature.
May 12, 2015 By Matt Dickstein, Business Attorney
Here is the flow of issues when a shareholder is removed from a business: Termination of employment → Buy-back of shares → Non-competition → Claims for unfair oppression. Let’s start at the beginning, which is the end of employment.
April 30, 2015 By The Law Office of Russell S. Babcock
The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.
April 17, 2015 By Lem Garcia Law
Almost half of all car accidents in Los Angeles involve a hit and run driver. Don't be a victim and shoulder the damages on your own. Learn how to protect yourself.
April 16, 2015 By Hanecak, P.C.
If you or someone you love is planning their estate, it can be a difficult and complicated process trying to wade through all the legal rules and regulations that pertain to writing your will and related documents. Setting up wills and trusts can be especially difficult because the task is often mixed in with a variety of issues such as ill health, complicated family histories, and other emotional dilemmas, which are commonly faced toward the end of a lifetime.
April 14, 2015 By King Aminpour Law Firm
A personal injury lawyer is someone who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.