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Category: General Legal Information

Categories
General Legal Information

California Statute of Limitations: Am I Too Late to Sue?

California Statute of Limitations

California Statute of LimitationsLast updated May 26, 2017.

It’s not always an easy decision to file a lawsuit. Suing takes time and money, and the outcome isn’t guaranteed. However, you don’t want to take too long to decide — you only have a limited amount of time to file a claim. That time is called the “statute of limitations,” and you no longer have the right to sue once it runs. Let’s take a closer look at the California statute of limitations for some common types of claims.

Personal Injury: DUIs, Dangerous Drugs, and More

A personal injury claim arises whenever someone else injures you, either intentionally or unintentionally. You might want to sue over injuries that you got in a car accident, for example, or for injuries caused by someone or something attacking you. Or you may slip and fall and receive a traumatic brain injury. In California, you have 2 years from the time of the injury to file a claim. Cal. Civ. Proc. Code § 335.1.

Sometimes, you don’t know that you’re injured right away. For example, imagine you work in manufacturing and are exposed over the course of many years to a dangerous chemical. You may not even know you’ve been injured until after you retire. In that case, the statute of limitations runs from the time you either knew or should have known about the injury. In practice, that usually means you have 2 years from the time your injury is diagnosed.

Property Damage

If someone damages your property — your home, your car, or other personal belongings — you have 3 years from the date the property was damaged. This statute also applies if someone steals from you, crashes into your car, or trespasses on your property and causes damage. Cal. Civ. Proc. Code § 338.

Medical Malpractice Claims

If you want to sue a doctor, hospital, or other healthcare provider for medical malpractice, you have 3 years from the date of the injury or 1 year from the date you discover the injury, whichever is earlier. Cal. Civ. Proc. Code § 340.5. For example, say you have surgery to remove your appendix and the surgeon accidentally damages a nearby organ. If complications develop so you know about the injury right away, you have 1 year in which to file a claim. If you don’t discover the damage until 4 years after the surgery, it’s too late to sue.

Note that if you want to file a medical malpractice claim, you have to give the party you’re suing at least 90 days’ notice before you file. If you give them notice with less than 90 days left on the statute of limitations, the statute of limitations will be extended to 90 days after you give notice. For example, if you give notice that you’re going to sue and you only have 30 days left on the statute of limitations, that statute will be extended by 60 days so you have time to file. Cal. Civ. Proc. Code § 364(a).

Breach of Written Contracts

Many legal claims will depend on a written contract — the purchase of a car, an agreement for freelance work, the lease on your apartment, etc. In general, the California statute of limitations for a written contract is 4 years from the time the contract is breached. Cal. Civ. Proc. Code § 337.

For example, imagine you’re a caterer and you had a written agreement to cater a wedding. According to the contract, you’ll be paid the Sunday after the wedding. Then, Sunday rolls around and you don’t get paid. The contract is breached, and you have 4 years from that Sunday to file a claim. Of course, you’d probably just remind the person to pay you first rather than go to court, but you have 4 years from that Sunday to file a lawsuit if they refuse.

There are a couple of exceptions to the rule for written contracts. Most notably, you have 6 years to file a claim related to bonds, notes, or debentures issued by a corporation and 10 years to sue over bonds or coupons issued by the government, as long as they’re not secured by real property. Cal. Civ. Proc. Code § 336(a), 337.5.

See also: Contract Litigation Attorney Referral Service

Breach of Oral Contracts

An oral contract is any agreement that isn’t set down in writing. In California, you have 2 years from the date the contract is broken to sue. Cal. Civ. Proc. Code § 339.

California Statute of Limitations: Exceptions

These are the general rules for some common types of claims, but there are exceptions. For example, the statute of limitations in many cases doesn’t start to run until the plaintiff (the injured party) turns 18. The statute also may be postponed or extended if one party is in jail or out of state. Check out more information on the California statute of limitations as published by the California Courts on claims against government agencies, plus libel and slander here.

If you think you have the right to file a claim, the best thing you can do is go for a consultation with an experienced local attorney to learn about what statute of limitations will apply in your particular case. That way, you know how much time you have to make a decision and you won’t miss out on the opportunity to file a claim if you decide it’s right for you.

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General Legal Information

Where Is My Car Title? (And Why Does It Matter?)

A call came in the other day from a woman – let’s call her Jan – who had purchased a used car from a car dealer and after four months had not received her registration. Jan had been pulled over and told that the registration was expired and that she was NOT the car’s owner – the car title was still missing.

Jan had her purchase contract, finance agreement, and copies of the payment coupons from the bank. She had called the bank, but they told her it wasn’t their problem and she’d have to continue to make payments. She called the Department of Motor Vehicles and discovered that the registration could not be transferred to her because the prior lienholder hadn’t been paid. What did that mean for Jan? What were her options?

Where Was The Car Title?

The car title is the legal document that certifies that you’re the true owner of the vehicle. If you’ve taken out a loan to pay for the car, the finance company (the “lienholder”) will also be listed on the title until you pay it off. You’ll need to have that title in order to register your car in California, and you have to register in order to drive. In other words, you can’t use the car without the title. That’s what happened to Jan – she was driving an unregistered vehicle because she didn’t have the title she needed to get it registered.

When a car is sold and it still has a lien on it (meaning the auto loan isn’t paid off), the lienholder has to sign off on transferring the title to the new owner. Typically, they’ll only do that once they’ve received payment for the loan. It seems that whoever owned the car before Jan hadn’t fully paid off the loan, so that person’s finance company refused to transfer the title.

What Happens To Jan?

Under California law the seller, here the car dealer, “warrants” that it has the ability to deliver good title. The failure to do so is a breach of that warranty. In other words, car sellers automatically make a promise to buyers that they can transfer the title. If that doesn’t happen, the seller has failed to keep up its end of the bargain. The buyer has the right to sue and force the dealer to either deliver the title by paying off the old finance company or refund the buyer’s money and pay off the buyer’s finance company. In some cases, the dealer may even be required to pay the buyer’s legal fees.

So, Jan can sue the dealer. She can also sue the finance company, as the holder of the sales contract. Since the car was purchased from the dealer and the finance contract was later sold by the dealer to the finance company, the finance company becomes the “holder in due course”. As the holder of the note Jan can, according to California Civil Code § 2983.5, assert all of the same rights she has against the dealer AND the finance company. In other words, the finance company’s right to collect the payment is only as good as the original right of the car dealer to collect. Since the dealer could not deliver title to the car it has no right to collect any monies.

After the lawsuit(s), she’ll either end up with the title and the car or with a full refund. However, lawsuits can take a long time and in the meantime, Jan can’t drive her unregistered car. What can she do?

Unfortunately, not much. Once she sues the finance company, she may be able to ask the court to allow her to stop making payments while the case is decided. If she needs to drive, she may have to either borrow or rent a car. Depending on the circumstances, she may be able to sue the finance company and dealer for the cost of driving a rental car while she couldn’t use the car she purchased.

What Should I Do If I Have Car Title Problems?

Your first step should be to file a complaint with the Department of Motor Vehicles Investigation Division. This Division is responsible for protecting the public from fraud and investigating title issues. Then you should gather all of the documentation for the purchase and see an attorney for a consultation. Your attorney will be able to help you determine what’s holding up your car title and what your options are for getting it quickly.

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General Legal Information

FREE Legal Town Hall For Residents Affected By SoCal Gas Leak

You’ve probably already heard about the SoCal Gas Leak near Porter Ranch – methane and other gases have been leaking from SoCal’s Aliso Canyon storage facility since mid-October. Thousands of residents have been relocated already and many more are complaining of feeling sick due to the constant fumes, suffering headaches, vomiting, dizziness, nausea, and more. Experts suggest that the leak may not be plugged until at least February.

In the meantime, dozens of residents and at least one state agency have already filed lawsuits against SoCal. These suits involve a variety of allegations, including that SoCal Gas knew about the Porter Ranch gas leak, that it could have prevented it from happening in the first place, that it failed to act to protect the affected residents in a timely manner, that the leak injured members of the public, and more.

Know Your Rights

So what are your options if you’ve been affected by the Aliso Canyon gas leak?

Councilperson Mitchell Englander is working with the SFVBA, the Korean American Bar Association, and City Attorney Mike Feuer’s office to plan free town hall meetings and legal clinics for the communities affected by this leak. The first will be held this Tuesday, February 2, 2016 at Shepherd of the Hills Church, located at 19700 Rinaldi St. in Porter Ranch.

The doors open at 6:00 and a panel discussion with legal experts and Q&A will begin at 6:30. Experts from USC and UCLA law schools and the City Attorney’s office will give general legal information about the leak and your rights as residents.

Starting at 8:00, local attorneys will provide free legal workshops to give more detailed information and give residents a chance to speak with a lawyer one-on-one. You’ll have the opportunity to ask about relocation, mediation, and more. You can bring in any documents you’ve received about the leak and your options for review. The attorneys will also give advice on how to avoid scammers seeking to take advantage of the people who have been affected by the leak. There will be additional clinics in the future to help residents who want more substantive legal information and advice.

This is a FREE legal clinic to help educate the residents of Aliso Canyon area about their rights during this difficult time.

For more information, call the office of Councilmember Mitchell Englander at (818) 882-1212 or (213) 473-7012

Email: Councilmember.Englander@lacity.org

Categories
Family Law General Legal Information

Stepchild Adoption In California

Maybe you’re getting ready to marry someone who already has kids or maybe you’ve been married for a while and want to legally solidify your relationship with your stepkids. Have you thought about adoption? Stepchild adoption is a way to take legal responsibility for the children of your spouse.

What Is Stepchild Adoption?

Adopting a stepchild is similar to any other type of adoption – you take on the full legal rights and responsibilities of a parent. That means you’re obligated to make sure the child is taken care of and adequately supported. It also means you have a legal say in the child’s rearing, including decisions involving education, extracurricular activities, religious upbringing, medical treatment, and more. If you and your spouse end up separated or divorced, you’ll have the standard suite of parental rights and responsibilities regarding visitation, custody, and child support, exactly like a biological parent would.

Note that each child can have a maximum of 2 legal parents. In order for you to adopt your stepchild, the child’s other biological parent will have to give up custody and all parental rights.

The Stepchild Adoption Process In California

The process for adopting a stepchild varies from county to county in California. The process usually starts when you file a Stepparent Adoption Request at the local county adoption office. Your local adoption office will conduct an investigation into your case and prepare a report for the judge in charge of the adoption.

One of the most complicated aspects of a stepchild adoption is dealing with the parent who is losing their parental rights. In some cases, he or she may give voluntary consent to the adoption and the termination of his or her parental rights. It may be that he or she has no interest in the child or recognizes that an adoption is better for everyone involved. If there’s no objection, you and the biological parents will sign consent forms and the process will move forward. The whole thing may take as little as 3-6 months.

In other cases, you may not be able to locate that parent or that parent may refuse to cooperate. In that case, you’ll have to seek a judicial decree (a decision by a judge) to get through the adoption process. If you can’t find the other parent or the other parent refuses to cooperate, the judge will investigate that parent’s relationship will the child and you and the other parent will have the opportunity to present your cases.

In order to get a judicial decree terminating the other parent’s rights, you’ll need to show that the objecting parent shouldn’t have parental rights in the first place. The two most common ways to do that are to show that the other parent is unfit or has abandoned the child. Someone may be considered “unfit” in the eyes of the law if he or she has abused the child, has a drug or alcohol problem, is incarcerated, or has failed to try to see the child. The other parent is considered to have abandoned the child if he or she has failed to provide financial support or visit the child for a significant amount of time. In California, it may take as little as 3 months of failing to provide financial support and as little as 6 months of failing to attempt to visit the child to reach the point of abandonment. Finally, if the other parent is male, you may be able to show that he is not the child’s actual father. In that case, he has no parental rights.

Overall, the judge will consider the child’s best interests and the relevant laws before making a ruling. If you have to seek a judicial decree, the process takes longer than with voluntary consent – sometimes more than a year, depending on the facts of the case.

Adult Adoption

If you want to adopt a stepchild who is already over 18, you can use the adult adoption process. This is easier and faster than adopting a minor – it usually only takes 4-8 weeks and minimal cost. People usually consider adult adoption for inheritance purposes, so you’ll need to consult a family law attorney and your financial advisers about whether adult adoption is the right choice in your situation.

Ready For Stepchild Adoption?

If you and your spouse are considering stepchild adoption, it’s time to talk to a local family law attorney. We can help – our Family Law Attorney Referral Service can connect you to a lawyer near you who can explain your options and help you through the process. Adoption law is complex, especially if the other parent doesn’t want to give up his or her parental rights, and you need an experienced advocate on your side to help you make your case and adopt your child.

 

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General Legal Information SFVBA News

Aliso Canyon Gas Leak: Know Your Rights

Since October of last year, SoCal Gas’s reservoir at Aliso Canyon has been leaking methane and other natural gases. SoCal has been trying to cap the leak and stop the flow of natural gas, but has so far been unsuccessful. Meanwhile, thousands of residents have had to evacuate the nearby areas because of health and safety concerns. What does the Aliso Canyon gas leak mean for you?

How Did The Aliso Canyon Gas Leak Happen?

SoCal Gas and other utilities store natural gas in large reservoirs so they can provide it to the public on demand. The reservoir at Aliso Canyon provides natural gas to 21 million customers and 14 power plants. Natural gas is difficult to contain and leaks are common, so employees didn’t immediately panic when they first noticed a leak in late October. However, the leak still hadn’t stopped after several days of attempted fixes.

Natural gas wells reach deep underground, meaning it’s very difficult to make repairs. So, many wells are equipped with safety valves so that they can be shut off from above ground to prevent further leakage while the time-consuming repairs are made. However, the well that’s leaking in Aliso Canyon has no safety valve – it was removed in 1979 because it was old and leaking. Regulations require that “critical wells” – those within 100 feet of roads or parks or within 300 feet of homes – have safety valves. The Aliso Canyon well was far enough away from any homes or roads that it wasn’t legally required to have a valve. So, SoCal Gas declined to replace the one they removed in 1979.

To make matters worse, the well itself was old and in poor repair. Modern natural gas wells are sealed in cement from the surface to the bottom to prevent the steel pipes from corroding and cracking underground. Older wells, like the one that’s currently leaking, weren’t cemented along their entire lengths. After decades underground, exposed to water and dirt, the steel pipes wear out and leak – that’s how the Aliso Canyon gas leak happened. Natural gas is now spewing out from a leak in the exposed pipe hundreds of feet underground and coming up through the ground into the air.

Why Can’t They Stop It?

Because the leak is so deep underground, SoCal can’t simply patch it. There are a number of methods that can be used to stop a natural gas leak, including pouring a heavier liquid down the well to stop the natural gas from flowing out. SoCal Gas has tried that method a number of times but have been unsuccessful. Now, the only way to stop the leak is to drill a relief well that will intercept the leaking well 8,000 feet underground. The work will take months. Workers must move slowly and cautiously – the natural gas welling up from the ground could cause the hillside to collapse or could even explode.

This single leak has released more methane than burning 850 million gallons of gasoline would. It’s been flowing for 3 months and the relief well won’t be completed before the end of February, at the earliest.

What Does This Mean For Me?

The natural gas itself is odorless and colorless but it’s treated with chemicals called “odorants” so that people can smell a leak if it happens in their homes. SoCal Gas reports that the natural gas itself is harmless, adding that it dissipates quickly enough to decrease the risk of ignition. It also states that the odorants used to make the gas smell are harmless at the concentrations used in natural gas.

That said, the smell in the surrounding area is strong and many people are complaining of nausea, vomiting, headaches, rashes and other side effects from exposure to the gas and odorants. As a result, more than 6,500 homes in the Porter Ranch area have been evacuated.

If you feel nauseated or develop other symptoms and live near the leak, you should leave the area immediately. Note that the gas is invisible but you will probably be able to smell it. SoCal Gas is providing free accommodations for those displaced by the leak; you’ll need to call SoCal at 404-497-6808 to get your accommodations.

Legal Issues Surrounding The Aliso Canyon Gas Leak

SoCal Gas is facing a number of lawsuits from regulatory agencies, including local air regulators and the Los Angeles DA. The suits allege that SoCal knew about the leak for days before reporting it, that it failed to act quickly enough to stop it, and that it was negligent in designing, constructing, and maintaining the well, among other concerns. In addition, many residents of the areas affected by the Aliso Canyon gas leak have filed their own lawsuits against the utility. One of those suits alleges that the leak caused the wrongful death of a local woman.

If you’ve suffered health problems due to the leak, you may be entitled to compensation from SoCal Gas. You may also be entitled to compensation if you were forced to evacuate your home or business. Utility companies deal with dangerous and volatile substances all the time and the law holds them responsible for the safety of the public.

If you were affected, you should speak to an experienced local attorney as soon as possible to learn about your legal rights and options. SoCal Gas also allows you to make a claim directly through its website, but it’s best to consult with an attorney to ensure that you’re getting everything you deserve. Once you accept a settlement, you lose the right to ask for more later.

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General Legal Information

California Car Insurance Law: Are You In Compliance?

California is home to an iconic maze of highways, and Los Angeles in particular is known for its traffic troubles. Unfortunately, the high levels of traffic correspond to high numbers of car crashes. There are hundreds of fatal accidents and tens of thousands of accidents that cause injuries or property damage every year in Los Angeles County.

That’s part of the reason you’re required by law to have car insurance. What are the rules for car insurance in California?

How Car Insurance Works

When you purchase a car insurance policy, you’ll have variety of coverage options to choose from. The more coverage you get, the more expensive your policy will be. The price will also vary by your demographic characteristics, the type of car you drive, and how much you drive. You’ll pay regular premiums in exchange for the policy. Each element of your policy will include a specific dollar amount of coverage. For example, you may have $15,000 in bodily injury coverage. That means your insurance will pay out up to $15,000 for the costs incurred if you’re involved in a wreck that hurts someone.

Generally, the insurance of the driver who causes a crash must pay for the damage done. If the other driver does not have insurance or has insufficient insurance, you may choose to pay for the remainder yourself or file a claim with your insurance. However, filing a claim with your insurance will usually make your premiums go up. If you’re hit by a driver who has no insurance or whose insurance policy doesn’t cover all of your costs, you may be able to sue in civil court for your losses. However, not all drivers will be able to pay and you aren’t guaranteed to get compensation. In other words, it’s often a good idea to get more than minimum liability coverage.

The different types of car insurance coverage include:

Liability Coverage

This is typically the minimum coverage allowed under state law. It covers the costs of bodily injury to other people and damage to other people’s property. It does not cover damage to your own property or your own injuries.

Collision Coverage

Collision coverage will pay for damage to your car caused by a crash. This type of coverage usually involves a “deductible,” which is an amount that you must pay out of pocket before the insurance kicks in. For example, say you have collision coverage with a $2,000 deductible and you’re involved in a crash that causes $5,000 in damage to your car. You’ll have to pay the first $2,000 and your insurance company will cover the rest.

Comprehensive Coverage

Comprehensive coverage includes all damage to your vehicle from causes other than accidents, such as theft or floods. Like collision coverage, comprehensive coverage typically involves a deductible.

Medical Coverage

Medical coverage pays for all medical bills incurred in an accident, regardless of who caused the crash.

Uninsured Motorist Coverage

This coverage will pay for your costs when you’re involved in a crash with a driver who has no insurance or whose insurance coverage is insufficient to cover the expenses associated with the crash.

California Minimum Insurance Requirements

State law determines the minimum car insurance coverage requirements. In California, you must carry a minimum of $15,000 in bodily injury coverage per injured person and up to $30,000 per accident. You must also have carry at least $5,000 of coverage for property damage. You may see this minimum coverage denoted as “15/30/5.”

Note that this minimum only covers injuries and damage to the other people involved in an accident. You would need to purchase additional coverage to cover damage to your car or your own injuries.

Los Angeles Minimum Insurance Requirements

Los Angeles has the same minimum insurance requirements as the rest of California – 15/30/5 coverage. However, car crashes are frequent in Los Angeles and minimum coverage may not be enough to meet your needs. For example, almost half of the crashes in Los Angeles every year are hit-and-run accidents. If you have the minimum coverage and the car that hits you gets away, you’ll have to pay for your own expenses. If you have medical or collision coverage, on the other hand, your own insurance will pick up the bill. By the same token, California is home to more than 4 million uninsured drivers, meaning you’ll be left with the bill if you’re involved in a crash.

Consequences Of Driving Without Insurance

If you’re caught driving without insurance outside the context of a crash, the penalty is a fine of up to $200 the first time. If you’re caught a second time, the penalty is a fine of up to $500 and your vehicle may be impounded – you won’t be able to get it out of impound until you pay for insurance and all the impound and storage fees.

If you’re caught without insurance in a crash, the penalties are much more severe. Your license may be suspended for up to 4 years, although you may be able to have it reinstated after 1 year with proof of insurance. Your car may be impounded, and you’ll have to show proof of insurance and pay the impound and storage fees to get it back.

Car Insurance Attorneys

Whether you’re dealing with your own insurance coverage or fighting to get compensation from the insurance of another driver, an experienced car accident attorney can help. Our car accident attorney referral service can connect you to an experienced local lawyer to help you with all your legal questions.

 

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General Legal Information

Which Presidential Candidates Oppose Medical Marijuana?

California is home to more than 1,000 medical marijuana dispensaries, with annual sales of medical cannabis topping $1.3 billion. That’s a big industry, but it’s still a conflicted one. Marijuana is a Schedule I drug under federal law, along with heroine, ecstasy, LSD, and peyote; that’s the most serious class of drugs. As evidenced by the spread of medical marijuana across 23 states and Washington, D.C. and the legalization of recreational pot in Colorado, Washington, Oregon, Alaska, and Washington, D.C., attitudes about marijuana across the country are changing. About half of Americans support legalization today, compared to about 15% in 1990.

The Obama administration has defunded federal actions against medical marijuana dispensaries, but a new President may have different ideas about the future of medical marijuana in California. Where do the current frontrunners in the Presidential race stand on medical weed?

We’ll limit the discussion to the candidates currently polling higher than 5%.

Democrats

Hillary Clinton

Hillary Clinton is the current frontrunner for the Democratic nomination in 2016. She has so far refrained from taking a strong stance on federal medical marijuana policy, but has expressed support for states choosing to grant access to medical pot. In the October debate, she claimed to support the use of medical marijuana but says she wants to wait and see what happens in California and other medical-marijuana states before attempting to make any changes or decisions at the national level. She had given no opinion on recreational marijuana.

Bernie Sanders

Of all the candidates for 2016, Bernie Sanders has come out most strongly in favor of medical marijuana. He has also stated that he would vote “yes” to recreational marijuana, citing concerns about mass incarceration and abuses of the criminal justice system. At the end of October, he announced his support for the idea of taking marijuana off the federally controlled substance registers, allowing states to legislate on the issue as they see fit. That would also remove the threat of federal prosecution for those using or selling medical (and recreational) marijuana in states that chose to legalize it.

Republicans

Donald Trump

Donald Trump has changed his stance on marijuana several times over the years, but most recently he has said that he supports the idea of leaving marijuana legislation to the states. He has come out firmly against the use of recreational marijuana, but tentatively supports the use of medical marijuana. He has also suggested waiting to see how total legalization affects Colorado, Washington, Oregon, Alaska, and Washington, D.C. before making any decisions.

Ben Carson

Carson has taken a stronger stance against weed than Trump. He has stated that there are some medical uses for marijuana, but strongly opposes the idea of legalization. He frequently refers to marijuana as a “gateway drug” and has asserted that he would escalate the War on Drugs. His exact stance on medical marijuana is unclear, but he would likely allow for some form of medical use.

Marco Rubio

Marco Rubio has expressed tentative support for the possibility of medical applications for marijuana, assuming it goes through an FDA approval process and has no psychoactive components. At the same time, he has stated that he would enforce federal law even in states that have changed their own laws to allow for medical or recreational use, which could pose a threat to the medical marijuana industries in California and other states. He is strongly against total legalization.

Ted Cruz

Ted Cruz takes a somewhat different stance on marijuana laws from the other Republican candidates discussed so far. He has expressed support for allowing the states to make their own choices regarding medical and recreational cannabis use. He references the idea of states as “laboratories of democracy,” where individual states can experiment with changes in the laws and other states can see what happens and choose whether to follow suit. He has also stated that he is personally against marijuana use and would vote against it on a ballot.

Jeb Bush

Personally, Jeb Bush has expressed strong anti-marijuana opinions. He is also on the board of the Drug Free America Foundation, a group dedicated to combating the use of illegal drugs in general and marijuana in particular. At the same time, he has asserted that he supports the right of states to make their own decisions on the issue. Like Ted Cruz, he has noted that he would vote against legalization if it came up on a ballot in his state.

The Bottom Line

Every single candidate has expressed some support for medical marijuana use. Ben Carson is probably the candidate most strongly opposed to marijuana in general, and even he has tentatively supported the idea of medical marijuana use. Carson and Rubio may attempt to change the regulation of medical marijuana if elected, but neither has made a strong statement about wiping it out altogether. Every other candidate on the ballot supports either medical cannabis itself or the right of states to choose their own policies in that area. In other words, the 2016 election is not likely to have a serious impact on medical marijuana in California or anywhere else.

 

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Criminal Defense General Legal Information

Gun Laws in California: Restrictions on Gun Ownership in the Golden State

Born from the Second Amendment of the U.S. Constitution, the concept of the right to bear arms has been at the core of our state and federal laws since the inception of our nation, and with the tragic shootings in San Bernadino recently, Americans are more focused than ever before on gun laws.

While jurisprudence over the last two centuries explains that the right to bear arms is granted by the U. S. Constitution, that right is limited. State and federal governments have the right to place limitations on weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia.”

California’s Unique Gun Law Restrictions

There are many major federal regulations governing the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories, such as the National Firearms Act, the Gun Control Act of 1968, Firearms Owner Protection Act, and the Brady Handgun Violence Prevention Act. In addition to the federal statutes, each state has its own regulatory scheme to independently oversee the use of firearms.

While forty-four of the fifty states have provisions in their state constitutions very similar to the Second Amendment of the U.S. Constitution, California is an exception to this rule. With some of the most restrictive gun laws in the country, California has a variety of detailed gun law provisions and restrictions. The California Supreme Court has held that the state constitution does not provide private citizens with the explicit right to purchase, possess, or carry firearms. However, this ruling is in contravention of the U.S. Supreme Court’s decision in McDonald v. City of Chicago, which held that the Second Amendment of the U.S. Constitution applies to states as well. As a result of the restrictive legislation and state court interpretation, many of California’s gun laws are now being challenged in federal court.

Rules And Regulations

California has blazed the trail in gun control: it was the first state to require handgun microstamping and it was the first state to enact a Gun Violence Restraining Order law allowing concerned citizens and law enforcement to petition a court to prevent dangerous individuals from buying or possessing guns. California has enacted a variety of other gun control laws, including the following:

  • Gun sales must be processed through a licensed dealer, with a required background check
  • Gun dealers must obtain a state license
  • Most assault weapons and .50 caliber rifles are banned
  • Sale or transfer of large capacity ammunition magazines is banned
  • Anyone who wishes to purchase firearms first obtain a Firearm Safety Certificate, which involves passing a written test
  • Gun shows are subject to strict regulation
  • Handgun purchases are limited to one per person per month
  • “Unsafe handguns” that are not on the state’s roster of approved handguns are completely prohibited
  • Sale or transfer of a firearm requires a ten-day waiting period
  • The state maintains a permanent record of all firearm sales
  • Local law enforcement can deny a license to carry a concealed weapon

Who Can Buy A Gun In California?

A U.S. citizen, with proof of California residency, over the age of 21 can purchase a handgun, while the age requirement for rifles and shotguns is 18. As of January, 2015, anyone who owns a handgun must obtain a Handgun Safety Certificate (subject to certain exceptions).

The buyer must present “clear evidence of identity and age” which is defined as a valid, non-expired California Driver’s License or Identification Card issued by the Department of Motor Vehicles (DMV). Alternately, a military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable. The exemptions to the DROS process is the transfer of a firearm by a parent to an adult child, or vice versa, or by a grandparent to grandchild, or vice versa, as long as the transfer does not involve a firearm in the prohibited category. The exemptions do not apply to step parents and step children, aunts, uncles, cousins, brothers, and/or sisters.

Concealed Carry Licenses

As a rule, California does not issue Carry Concealed Weapons (CCW) licenses. However, under the rare circumstances they are issued, they can only be issued by California county sheriffs to residents of that county or by the chief of police to the residents of that city. California does not honor or recognize as legal any CCW issued by another state.

Who Can’t Buy A Gun?

Aside from the age restrictions, California has extensive categories prohibiting firearm ownership. The major disqualifiers are people with specific convictions for misdemeanors or felonies, those who are addicted to narcotics, and those who are a danger to themselves or others. Additionally, there are prohibitions for certain mental conditions, conditions of probation, and/or domestic restraining/protective orders.

If you purchase a firearm in violation of California gun law, you may face a variety of penalties, including fines and possible prison time. The basis of the violation determines the penalty. For example, if you purchase a firearm without the appropriate safety certificate or if you are a minor illegally possessing a firearm, you face a misdemeanor with up to 6 months in jail and a fine of $1000. Felony gun charges typically carry prison sentences from one year to twenty years depending on the offense, your criminal record, and the facts of the crime.

Gun Control May Get Stricter In California

California Lieutenant Governor Gavin Newsom has proposed a ballot initiative for 2016 seeking tighter gun control by restricting ammunition sales, requiring the forfeiture of large capacity, assault-style magazines, requiring gun owners to report lost and/or stolen guns to local authorities, and requiring background checks at the point of sale of ammunition.

Need An Attorney?

We can help. The SFVBA Attorney Referral Service can connect you to an attorney to help you deal with any gun law issues, whether you’re trying to purchase a gun or have been cited for a gun law violation.

 

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General Legal Information

How To Find An Attorney In Los Angeles

Whether you’re interested in filing a lawsuit or defending yourself against a lawsuit, you need to know how to find an attorney for help. This can be a challenge if you’re not sure where to start so we thought we could help.

In this article, you will discover how to find an attorney in Los Angeles.

How To Find An Attorney In Los Angeles

When a legal issue comes up, you want to find the best lawyer fast.

Choosing a lawyer is a serious decision and it can be overwhelming to find the right one for you. There are a few things to consider before you start your search, including what type of lawyer is best for your needs.

Let’s take a closer look …

What kind of lawyer do you need?

The first step on your hunt for a lawyer is deciding what you want the lawyer to do. Maybe you need a contract written up. Maybe you want to file a lawsuit over a car crash. Maybe you want a lawyer to handle a criminal case. These are all different areas of law and require different types of attorneys. You’ll need to know what area of law you’re looking for.

If you’re not sure whether an attorney can provide the services you need, our page on different areas of law can point you in the right direction.

Word Of Mouth

Chances are good that someone you know has needed legal services before. If you’re comfortable, ask around to see if anyone in your circle knows of a good attorney. You may also have a friend or family member that practices law. A friend or family member may offer you a better price than an unrelated lawyer, but may not be able to represent you due to conflicts of interest. That’s not a personal judgment – the law prohibits attorneys from taking on clients that may present a conflict of interest.

National Directory Services Can Be Tricky

There are several large websites that provide directories for lawyers all over the country. These sites typically offer the ability to rate and review attorneys, which can help you get a sense of how other clients have felt about the service they received.

Take these national directory services with a grain of salt. They allow lawyers to pay for advertising and ranking and the paid advertisements are often indistinguishable from the regular directory listings. That means you may be seeing the lawyers who paid the most to the directory, not the lawyer with the best reviews or the lawyer that offers the services you need.

Bar Association Referral Services

While national directory services may be useful for their Q&A sections, it’s safer to use a local bar association referral service to actually find a lawyer. They don’t accept paid advertising, so the attorneys you see are the best match for you. In California, attorney referral services must be certified by the California State Bar Association. This certification means that the service meets certain standards to make sure that your needs are met and your interests are protected. The California Bar provides a complete list of certified attorney referral services.

San Fernando Valley Bar Association Referral Service

The SFVBA has a comprehensive referral service that can connect you to an attorney in the San Fernando Valley, Burbank, Glendale, San Fernando, Calabasas, and the surrounding area. This service started in 1948, making it one of the oldest and most well-established referral services in the area. The SFVBA maintains programs to help provide low-cost legal services to low-income individuals and senior citizens.

In addition, lawyers listed on the SFVBA referral service have an average of 25 years of experience and have professional liability insurance.

Los Angeles County Bar Association Referral Service

Like the SFVBA, the LACBA offers a state bar-certified referral service to help connect you to a lawyer in your area.

Finding The Right Lawyer

When you need legal services, it’s not just about finding any lawyer who works in the right area of law. You need to find an attorney that you feel comfortable with, that has experience in your particular area of need, and that is within your price range.

Most reputable attorneys offer free consultations and case evaluations, so take advantage of that offer to see if a lawyer is right for you. You can visit several different lawyers before deciding on the right one. At those consultations, you should bring all the information you can about your case. That may include records of communication between you and another person or business, financial records, and more, depending on the legal services you’re looking for. That way the attorney has all the information she needs to give you informed answers to your questions.

When meeting with an attorney for the first time, you may want to ask:

  • Does the attorney have experience with cases similar to yours?
  • How much of the lawyer’s practice is devoted to cases like yours? You want to hire an attorney dedicated to the relevant area of law, not one who occasionally handles your type of case.
  • Does the lawyer usually deal with corporate clients or individual clients? As an individual, a corporate lawyer may not be best for your needs; the opposite is also true.
  • How long will it take to get the legal services you need?
  • What are your chances of getting the outcome you want? Is the issue worth pursuing?
  • What are the fees for the services you need? When will the be billed? Is there a way to reduce the fee?
  • What are the options for solving your legal problem or meeting your legal need? There may be a number of ways to get the outcome you want.

The SFVBA Can Help

The SFVBA Attorney Referral Service is certified by the State Bar of California and meets the American Bar Association standards for lawyer referral. With a comprehensive membership of over 150 well-established attorneys in the San Fernando Valley area of Los Angeles, we can help you find the right attorney in Los Angeles for your needs.

 

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