California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
Receiving stolen property happens when someone purchases or obtains possession of an item that was acquired by the seller or “giver” by theft (i.e. burglary, embezzlement, shoplifting, robbery), fraud or any other unlawful means. Our office has seen this charge arise from purchases allegedly from pawn shops, garage sales and swap meets.
Our office often receives phone calls from folks aware that “a warrant was issued” and they are anxious to know what do to next, as they fear police may execute it on them at any time. Our first reaction to such a question is to clarify what type of warrant (arrest, bench, search or complaint) is involved and second, how they became aware of the warrant.
The process of forming a will and carrying it through can be a complex process that requires proper handling to help ensure ease and assurance that is will be carried out as intended. A will is a legal document that is used to distribute the estate of a deceased individual in the manner they stated.
A search conducted without prior approval by a judge (in the form of a warrant) is unreasonable under the Fourth Amendment to the U.S. Constitution with the exception of a few situations. Such exceptions arise quite frequently in day-to-day police investigations. Arizona v. Gant (2009) 556 U.S. 332, 338.
Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.
Most injuries are of employees covered by workers’ comp so there are no damages suits for you.
Your estate plan is intended to be an individual, and highly personal, set of documents. Your estate plan decides some of the most important issues and makes some of the most important determinations that you will make in your lifetime. When you sit down with your estate planning attorney to work on your estate plan,be prepared for some questions that may make you rather uncomfortable.
The federal estate tax is applicable to everyone as an individual, so each person is afforded an individual exemption. The current amount of the estate tax exclusion is $5.12 million. So, a husband and wife would each have $5.12 million for a total of $10.24 million that could be passed along to their heirs before the estate tax becomes applicable.
Grand theft auto, also referred to as “GTA,” vehicle theft and / or just auto theft, is the unauthorized taking of another’s car with the intent to permanently deprive the owner of the car. It may be by force, trick or false pretenses. Sometimes, the suspect takes the car to a “chop shop” to have the car disassembled for money or the suspect intentionally fails to return a rental car.
An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.
This article gives a very brief overview of how a physician leaves or closes a medical practice. The physician can’t just walk away – leaving or closing a medical practice is more complex than you think. In this article I try to give both sides of the story, that is, the perspectives of both the individual physician and the group practice.
In this article I discuss how a non-licensed person can work with a medical practice, including the use of an administrative / management service company. Here is my conclusion up-front: A non-licensed person can work with a medical practice so long as there is NO ownership in the practice, where ownership includes not only stock in a medical corporation but also a share in revenues.
Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this article, I discuss some advanced lease provisions that medical practices frequently need. For a basic explanation of commercial leases, refer to my article Understanding Commercial Leases.
This article gives a quick overview of buying and selling a medical practice. I discuss the deal from due diligence, through deal terms, to the definitive deal documents. Finding the Deal - The first step is to find a deal. Talk to people in the industry. Find out if a physician is looking to sell and retire, or if an up-and-coming associate is looking to buy.
The specifics of divorce cases and all of the related issues change depending on what state you live in. For this reason, it is best to be informed regarding the law and requirements of your state before beginning the process of ending a marriage or domestic partnership.
Joyriding is a temporary taking of a car or motorcycle (Vehicle Code § 10851), bicycle (Penal Code § 499b(a)), or boat (Penal Code § 499b(b)), without the owner’s permission. The taking is generally thought to be for enjoyment only and is often committed by juvenile males. When the use of the vehicle, bike or boat is no longer enjoyable, the user returns or intends to return the item to the owner. Sometimes, the vehicle, bike or boat runs out of gas before it can be returned.
It is common in domestic violence cases, as well as certain theft cases and certainly gang-related cases, that the unavailability of a witness for trial can mean a dismissal or defense verdict. For example, when a wife or girlfriend is the only witness to defendant’s conduct and she cannot or will not appear at trial, the prosecution may dismiss the case. Our office has experienced this many times on first day of trial, to our client’s relief.
Unemployment insurance fraud is the receipt of unemployment benefits to which one is not entitled, or assisting one in such receipt. It is a particularly prevalent crime in today’s tough economy with numerous underemployed workers. Workers who may have been unemployed for some period of time, only find work at lower pay than expected, continue to receive unemployment benefits when they are simultaneously receiving pay.
One of the more common offenses our clients face, usually in conjunction with other offenses such as DUI or speeding, is without a valid license, a violation of California Vehicle Code § 12500(a), or driving on a suspended or revoked license, a violation of Vehicle Code § 14601.
It is well-established law that warrantless searches of a home are “presumptively unreasonable” under the Fourth Amendment. Payton v. New York (1980) 445 U.S. 573, 586. However, it is also well-established law that law enforcement arresting someone in a house may perform a quick and limited “protective sweep,” warrantless search for their own safety when there is a reasonable suspicion that the house may contain a dangerous person.
Recent Census Bureau statistics are indicating that people who have been divorced are not remarrying with the same frequency that they did in the past. There are a number of different reasons for this and financial considerations would certainly be among them.
Car accidents may just seem to be simple fender benders but there are times when they result in serious and life-altering situations. In the State of California, for example, car accidents are quite common as thousands of Californians get injured and get killed each year due to such mishaps.
Our office has heard many clients report that they were pulled over because the police officer told them they had illegal tinted windows. The client usually suggests that the police officers had a hunch that our client was DUI, on probation, had drugs in the car or was wanted for an unsolved crime. The tinted windows, in other words, were just a pretext for the police to set up our client for a search, an arrest and much bigger charges than just illegal tinted windows.
There is not a day that passes that the San Jose Police does not arrest and charge individuals on a DUI or DUI-related charge, whether on the 101 or on city streets. There is a high level of alert for drivers who are operating their vehicles while under the influence of drugs or alcohol.
There are four types of conduct that can be prosecuted as forgery under Penal Code § 470. Each is considered a serious crime and a crime of moral turpitude that can have immigration consequences. First, one can be prosecuted for signing someone else’s name without that person’s authorization. The most common context of this is trying to cash someone else’s check to you by signing the account holder’s signature on the check.
In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).
The “me” generation is rapidly becoming the “sandwich” generation. If the term is foreign to you, don’t feel left out. It is simply a new term that is being used to describe people born in the 50’s and 60’s who are suddenly feeling as though they are being “sandwiched” between the needs of aging parents and young adult children.
The document known as the Last Will is what may come to mind when you think about estate planning without really looking into the subject very deeply. Of course you can indeed use a Last Will to direct the transfer of assets to your heirs, but is this the right choice for you?
You may think that the simplest solution for stating your final wishes is the execution of a last will. In fact, depending on the circumstances your desire for simplicity may not be best served by the utilization of a last will as a vehicle of asset transfer.
You've been injured in a car accident that wasn't your fault. Do you really need the services of a skilled San Francisco auto accidents attorney, or should you just let the insurance company handle it? The fact is, insurance companies will drag out a claim as long as they possibly can, and even when they do settle your claim, you can bet it won't be for the full amount you deserve.
California's temperate climate lends itself to the outdoors, which means like much of the rest of the U.S., many families and individuals have dogs. San Jose dog bite accident attorneys know that while most breeds are calm and docile, others are aggressive and prone to attack.
San Francisco, San Jose and Pleasanton personal injury lawyers work not only to protect the legal rights of those injured due to someone else's negligence, they also use their legal skill and experience to secure full compensation for costs associated with the victim's injuries.
San Francisco defective products attorneys know that by law, manufacturers and designers of products are responsible for ensuring those products are safe when used properly by consumers. However, each year thousands of people are injured due to defective or malfunctioning products, or those that are inadequately labeled.
San Jose Slip and Fall Accident Lawyers Seek Fair Compensation for Those Injured on Dangerous Properties
You may not believe it's necessary to speak with a San Jose slip and fall accident lawyer if you've suffered an injury after slipping on a dangerous surface; after all, the insurance will fairly compensate you, right? Not usually. In fact, insurance companies use numerous tactics to protect their own profits. They may offer you a low-ball settlement, or delay paying your claim for months.
In case the name doesn‘t ring any bells offhand, Stieg Larsson is the author of the awarding winning novel turned movie, The Girl with the Dragon Tattoo. Larsson was a Swedish journalistic all his life who turned novelist literally months prior to his death. Ultimately, his estate was valued at upwards of $50 million and climbing; however, his lifelong partner didn’t receive a dime as a result of Larsson’s lack of an estate plan.
Most of us have heard all the dire warnings about the future of the Social Security retirement program. Some analysts tell us that the program will cease to exist within just a few short years. Others tell us that beneficiaries are certain to see reductions in benefit checks while still others tell us not to worry--a solution is just around the corner.
Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check. It happens every day, to the tune of millions of dollars in California alone. Even attempting to tender a check with insufficient funds is a crime. The payee does not need to receive the check and attempt to cash or deposit it.
Be it a car accident, motorcycle accident, truck accident, bicycle accident or any other type of automobile accident, the automobile accident attorneys are always there to lend you a helping hand. Have you ever given it a thought that who helps you the most when you face an accident resulting in severe injuries and huge losses? Of course, many of you will say – doctor.
Many people are surprised to hear that Medicare will not pay for residence in an assisted living community or a nursing home. This is a pretty bad news because simply writing a check would be painful at best, and impossible at worst.
There are individuals who are naturally more exposed to potential legal actions than others, and for these people asset protection should be a priority. You have to act in advance to preserve your assets because your hands are tied once a suit is initiated.
The mention of embezzlement conjures up images of an untrustworthy accountant methodically stealing small amounts of cash over a long period of time, adding up to thousands of dollars, or an employee at a cash register dropping a few dollars here and there into his or her pants pockets. Sadly it seems the most common type of embezzlement recently is by caretakers stealing from an elderly person.
Property damage liability provides coverage for amounts you become legally responsible for paying another person as a result of damage to that person’s vehicle or other property in an accident that was all or partially your fault. You will be covered only up to the amount of coverage, or “policy limit,” that you purchase. Again, the higher the coverage, the higher the premiums.
In the workplace, there are several different types of discrimination which employees could have to deal with. From age to pregnancy to religion to gender, employees could receive lower wages, be passed over for promotions, or be wrongfully terminated based on these issues.
If you or a loved one was injured in a water-related accident, you should seek the help of a personal injury attorney. Also, familiarize yourself with water safety tips this summer to prevent more accidents from occurring. Tragic accidents can happen anywhere, at any time, to anyone. But some places are more dangerous than others.
At about 2:00 a.m. on January 26, 2010, Margarito Iboa had a fire going on in his backyard. The Lancaster Fire Department arrived at his house. While firefighters attempted to extinguish the fire, coming from a 10 to 12 floor high mound of trash, Iboa yelled expletives at them and moved fire hoses a round, apparently in an attempt to disrupt their work.
Examples of medical malpractice caused by doctors or hospitals include medication errors, surgical mistakes, misdiagnosis, ordering the wrong tests, misinterpreting the results of a test, misinterpreting a patient’s medical chart or misreading equipment monitoring a patient.
Many Americans love to own pet dogs but nobody wants to deal with lawsuits when their dog attacks an individual. In the United States, pursuant to various tort laws, a dog owner whose pet bites a person may be held legally liable for the incident.
In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”
Be it a car accident, a motorcycle accident or any other automobile accident, it always results in damages and loss. However, we are lucky to have a law which has framed accident benefits. There is no place in the world which is free of risks for human beings. On the other hand, there are certain places in the world which have greater chance of putting humans into some sort of harm. One such place is road.
Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.