California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
According to California labor law, the IRS has developed a checklist to distinguish between an independent contractor vs. full time. Understand this list to avoid any conflict between employee or contractor distinctions.
Private employers may generally terminate or deny employment unless they discriminate on the basis of race, national origin, alienage, age, sex, or disability. The FEHA is the California law that prohibits such employment discrimination. Federal laws define protected disability differently than the FEHA. In a California state court, an obese employee who files a disability claim must prove that their obesity resulted from a physiological condition.
High risk pregnancies include premature delivery, multiple births, pregnancy induced hypertension (PIH), preeclampsia, vaginal birth after cesarean (VBAC), older women who are pregnant, a large infant, and other factors. Even though a woman may be in a high risk category, this does not excuse a doctor or medical professional for negligence.
Federal Conviction Reversed for Assault Because Federal Officer Not Aware Defendant Threw Rock at Him
On June 18, 2009, Enrique Acosta-Sierra threw a baseball-size piece of concrete at U.S. Custom and Border Protection Officer Abram Lopez. Acosta-Sierra missed, although he was only seven or eight feet away. Officer Lopez only became aware of the attempted battery (assault) when the concrete hit the metal gate behind him and made a loud noise.
Seven Years to Life Sentence for Dissuading a Witness for Benefit of a Gang Reversed Because Force Threatened
Michael Valles was fatally shot at a tattoo parlor in Stanislaus County in 2004. Felix Lopez was charged with violating Penal Code § 187, murder, as well as four other counts associated with the crime, including attempting to dissuade a witness from testifying (Penal Code § 136.31(a)(2) and active participation in a street gang (Penal Code § 186.22(a)).
Every Los Angeles motorcyclist should know how the tort law gives them protection from unnecessary expenses in case they get involved in an accident. Under the said law, motorcycle accident victims may be entitled to damages in case they get involved in an accident that was caused by another party. Definition of Torts: In order for riders to fully appreciate and understand the tort law, it is essential to define “torts.”
Investing always involves a degree of risk taking and not all investment losses are due to investment fraud. There are cases however, where investors have lost substantial amounts of money because of brokerage firms, stockbrokers, or financial advisors violating the securities laws.
There are certain benefit programs that senior citizens often rely on such as Medi-Cal that have upper resource limits. You cannot qualify for the program as a way to pay for long-term care if you have countable assets that exceed a certain amount. As a result, Medi-Cal planning can include giving away resources to your children and/or grandchildren as a way to stay within the limits. After all, they would be inheriting these resources anyway after you pass away.
Although you may have lost your favorite niece or nephew in a car crash or other accident in California, you can't file even file an amicus brief in a wrongful-death suit because you are a second-level relative, unless you can prove that you were the primary caregiver of the victim. The way the the system works in California. Not only is the time limit short in filing wrongful-death actions, but the degree of relationship to the deceased is the key.
Two major types of birth injuries can occur as a result of medical malpractice, these include a traumatic brain injury and a lack of oxygen to the brain of the infant. If a birth injury is the result of medical malpractice, you may have a medical malpractice lawsuit. A birth injury or birth defect can be one of the most difficult and stressful situations a family may encounter.
Los Angeles car accidents are not all caused by drivers’ negligence as there are times wherein the car manufacturers are at fault. There are many causes of traffic crashes in Los Angeles and they include defective car parts. Under the tort law, a person who gets injured as a result of using defective product may be entitled to personal injury damages.
Does the Law Against Carrying a Dirk or Dagger Violate My Constitutional Right to Bear Arms for Self Defense?
On September 28, 2010, a security guard removed Kenyatta Quinn Mitchell from the San Diego trolley because Mitchell did not have a ticket to ride the trolley. Another guard came to assist and noticed that Mitchell had a concealed knife sticking out from under his sweat shirt. The police were then summoned to the scene. They arrived and found Mitchell with an eleven inch knife.
The activities of an informant are glamorized in movies and on television as dangerous, exciting, and dramatic. The informant can be the key witness everyone relies upon, so they are respected as powerful. Police appreciate this image of an informant, so it is not uncommon for police to appeal to this sense of adventure in saying, “Give us three and we’ll set you free.”
Taxes are a controversial subject, but most people would probably agree that a tax that takes more of the assets in question than it leaves behind to the rightful owners is questionable. However, this is the situation those in the estate planning community are faced with in 2013 with regard to the federal estate tax.
Statistics show that more than 4 million people in the State of California have disability. This means that a relatively large number of workers in the state are suffering from certain types of medical condition. According to Disabled-World.com, an independent health and disability news source, about 856,000 workers in the state are disabled. Hence, it could be said that disabled people in California play a vital role in the development of the state’s workforce.
A Placentia woman has succumbed to injuries sustained in a massive six-car pileup car accident on Interstate 15 in Yermo on Friday, September, 1, 2012 according to the Desert Dispatch. Grace Imai, 74, was traveling northbound on I-15 Friday with her husband when they were rear-ended by another vehicle. The ensuing collision led to a multi-car pileup in which six vehicles were eventually involved.
If one is charged with mayhem, or aggravated mayhem, it is not unusual for the rhetorical question of, “what is mayhem?” to be asked. After all, “mayhem” is not a word often used nowadays.
Where do you draw the line when it comes to a tax rate? This is an ongoing question that is always being debated among lawmakers. However, even the most zealous pro-tax advocates may have to concede that a tax that consumes the majority of the resources in question is a bit excessive. This will be the case with the federal estate tax in 2013, assuming the laws that are in place as of this writing remain in effect.
In recent decades, the likelihood of an arrest leading to a conviction has generally risen. Some defendants think that they can "beat the system" on their own. Those who have been through the criminal court system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic and to avert the impact of a criminal conviction.
Drunk drivers account for a large number of accidents that cause injuries and deaths in the U.S. Vehicle operators have a duty of care to drive in such a manner as to not cause harm to other vehicle occupants. It is always best to refrain from mixing drinking and driving, AND have a designated driver take over, take a taxi, or some other solution.
California Penal Code § 647(b) prohibits one from willfully engaging in a sexual act in exchange for money or other goods or services (typically drugs). This seemingly broad definition does not include pimping and pandering, which are separately addressed (Penal Code § 266 and 266i) or indecent exposure (Penal Code § 314). The scope of § 647(b) includes both the prostitute and the customer, also known as a “john.”
Slip and fall accidents are the second leading cause of injuries in the United States, just behind road accidents. According to the Centers for Disease Control and Prevention (CDC), millions of Americans get involved and injured in slip and fall accidents. Because of the frequency of such accidents, it is necessary for all Los Angeles citizens to know the medical and legal rudiments involved in slip and fall incidents.
In this article I explain shareholder buy-sell agreements for veterinarians and veterinary corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the veterinarian / shareholders, specifically their death, loss of license, disability and dispute.
In this article, I first discuss when a veterinarian is a contractor as opposed to an employee. Second, I look at the essential terms of a veterinarian employment contract and a veterinarian independent contractor agreement. Is you is, or is you ain’t, a contractor? From time to time, to generate revenue, the IRS and CA EDD will audit your veterinary practice.
In my last article, I ask the threshold question, Should you incorporate your veterinary practice? In this Article #2, I give you a legal compliance checklist for your veterinary corporation. Incorporating a veterinary practice can feel overwhelming. There are so many unknowns to cause you anxiety. I write this checklist to fill in the unknown. This checklist gives you a bird’s eye view of legal compliance for your start-up veterinary corporation.
In part one of this series, I answer the question, should you incorporate your veterinary practice? What are the costs and benefits of forming a veterinary corporation?
If you face a jail sentence, but also have enormous responsibilities at work and / or for your family, i.e. child care or an elderly parent, house arrest may be something you should request as an alternative to jail. House arrest is specifically provided for at Penal Code § 1203.016, where it is called “home detention.”
Hospital malpractice and doctor malpractice is an alarming problem that results in hundreds of thousands of patients losing their lives each year in the United States and medication errors which results in over 1.5 million Americans being injured as well. When doctors or hospitals are negligent with the medical care they provide to their patients, serious injuries or death can occur.
Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?
A common question our office often hears is whether the prosecutor will dismiss or drop the case if the victim refuses to testify at trial or even refuses to appear at trial. Indeed, there are cases where this has occurred, but such cases are actually rather rare. It is important to note from the outset that this article excludes application to probation violation hearings, which have different rules concerning unavailable witnesses. People v. Stanphill (2009) 170 Cal.App.4th 61.
Statistics indicate that a significant percentage of people who are reaching their 60’s are not financially prepared for retirement. Indeed,there are no guarantees, and you have to plan ahead intelligently and pragmatically if you want to be able to retire in relative comfort.
Retirement should be looked at as an expense that you must prepare for well in advance. As the baby boomer generation reaches retirement age,statistics are indicating that a very significant percentage of these individuals are never going to be able to retire due to a lack of preparation.
California is undeniably a hotspot for auto accidents. According to available statistics for 2006, out of the total 46,642 fatal car accidents in the country, more than 4,200 happened in California – making it the deadliest among U.S. states in terms of traffic accidents. Meanwhile, there are various causes of fatal car crashes in the Golden State, and knowing them can help citizens save their own and their loved ones’ lives.
The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
Birth asphyxia and birth hypoxia happens if a baby doesn’t receive an adequate supply of oxygen before, during, or immediately following birth. Depending on the amount of oxygen the infant is deprived of, how long the event lasts, and how promptly and effectively the medical staff takes corrective action to repair the problem will determine the extent of damage to the baby’s brain.
As its name implies, at a felony preliminary hearing setting conference, a date is set for the preliminary hearing in the case. Yet that is only one of many important things that may happen at such a seemingly simple, single-purpose hearing. More importantly, the prosecutor and the defense attorney may negotiate, or attempt to negotiate, a plea bargain that would resolve the case (also referred to as “reaching a disposition”).
Skechers Work Shape-Ups were heavily marketed to workers as an easy and safe way to “shape up while you work.” The nonslip version of the toning shoes were especially marketed to nurses who spend most of their work day on their feet on an average workday of 12 hours.
Over the past couple years, the Skechers Shape-Ups have been linked to a number of serious injuries ranging from traumatic brain injuries to ligament sprains and ankle strains. Plantar fasciitis is one type of injury consumers repeatedly report in connection to the Shape-Ups toning shoes.
It is not uncommon in many serious cases for a defendant being accused of a serious crime to “pack the courtroom” with friends and family. The presence of friends and family is to show support for the defendant, both to the defendant and court, including the judge and the prosecutor. When the defendant is in custody and he or she sees the support, the defendant feels better.
Under Vehicle Code § 10852, it is illegal to tamper with a vehicle. The text of 10852 reads, “[n]o prison shall either individually or in association with one on more persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner.”
While much effort has gone into bringing public awareness to the prevalence of child abuse over the last few decades, the frequency with which the elderly are also abused is just beginning to come to light. In many ways the elderly can be considered as vulnerable as a child, making them an easy target. The elderly are often victims of physical or emotional abuse; however, unlike children, the elderly are also prime targets for another type of abuse – financial abuse.
The busy roads of this city often witness car accidents, motorcycle accidents or other automobile accidents that lead to the situation of seeking help from the Automobile Accident Attorneys in Los Angeles or from the law firms. Severe and catastrophic injuries often appear after the serious accidents and when it is a place like Los Angeles, which contains a huge population and a number of vehicles on road, than it is not surprising to hear about the accident news, almost every day.
Personal injury settlements are awarded to victims of negligence-related accidents such as slip and fall mishaps. Pursuant to tort law, when a person’s negligence caused harm or injury to another individual, he or she may be required to provide compensations to the victim. In case the case is not brought to court, the liable parties and victims may opt to agree to settle the case. This is common in many injury accidents such as slip and fall accidents.
Procrastination is a big problem when it comes to estate planning, and truth be told making final arrangements is indeed a unique endeavor. Passing away is without question the last thing on your list of things to do. It's easy to put estate planning on the back burner because it can seem like you will always have time to take care of it later.
Trespass means many things to many people. To one person, it means walking into an area posted with signs that state, “No Trespassing.” To others, it means walking into a business, loitering for a long time and then leaving without making a purchase. To others, it may be a homeless person living for several days, or even weeks, at an empty foreclosed upon house without permission.
Skechers is currently facing dozens of lawsuits filed by consumers who suffered injuries, allegedly, as a result of wearing the Skechers Shape-Ups. With more than 250 reports of adverse events have been filed by Skechers Shape-Ups consumers, the toning shoes are the cause for a variety of different types of injuries including:
Spinal fusion is a surgical technique used to treat fractured or broken vertebrae. Typically, supplementary bone tissue is harvested from other areas of the body and used to stimulate bone growth in the damaged area, and fuse the vertebrae. This procedure immobilizes the spinal joints and eliminates the pain and discomfort caused by the abnormal motion of faulty vertebrae.
For one who is unfamiliar with California’s criminal courts, the charge of disturbing the peace may conjure up thoughts of a homeless man shouting obscenities at passing cars on a busy street. It may conjure up ideas that the charge is for someone who plays his stereo too loud at a party, disturbing neighbors late at night. It may also be two folks arguing too loud in a restaurant.
False imprisonment prohibits wrongful restraining, confining or detaining a person without that person’s consent (Penal Code § 236). The most common context of this that our office sees is when someone transports someone in a car, against their will, usually during an argument after the person asks to be let out of the car.
Generally speaking, there are 2 basic components to every crime: the criminal act (actus reus) and the criminal intent (mens rea). Thus, the prosecution must prove not only that the defendant committed an act prohibited by the law, but that he/she also had the intent to commit the criminal act beyond a reasonable doubt for the defendant to be adjudged guilty.
Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job.