Legal Insights: A California Law Blog...

By Law Offices | Felicia Yates & Associates   This is Part Seven in a series of blog articles on California Personal Injury (PI) law. The month of May has been officially designated by our nation as Older Americans Month (OAM).  The U.S. Department of Health and Human Services, Administration for Community Living, is responsible for spearheading our country's annual observance of OAM - #OlderAmericansMonth.  An older or elder American is typically defined as anyone 65 years of age and older.  The American Rescue Plan Act, signed into law on March 11, 2021 by U.S. President Joe Biden, enhances the Elder Justice Act, and guarantees that Adult Protective Services can be utilized to protect the safety of all adults throughout the aging process. In California, elder (or dependent adult) abuse can be punished as both a Criminal wrongdoing, and a Civil (Tort) wrongdoing.   Penal Code Section 368 generally defines the criminal offense of elder or dependent ad...

By Law Offices | Felicia Yates & Associates The State of California enacted the Administrative Per Se Law which is designed to punish an individual - by temporarily suspending their driver's license - if they have been deemed by the California DMV to have operated a motor vehicle with a Blood Alcohol Content ( BAC) of 0.08% or higher . It is worth noting, that any DMV administrative action is independent of any penalties imposed by a Superior Court for a DUI conviction.  While some Due Process is provided to a Defendant (i.e. – the issuance of a 30-day Temporary License on pink paper), you are not given many of the typical Constitutional protections you would find in a Court of Law.  For example , when you are facing charges in a regular Court of Law as a criminal defendant, there is an automatic presumption of innocence until proven guilty - at a DMV hearing following a DUI arrest it is just the opposite - there is an automatic presumption of guilt until proven innoce...

By Law Offices | Felicia Yates & Associates This is Part Six in a series of blog articles on California Personal Injury (PI) law. Premises liability - which falls under the category of personal injury (PI) law - covers liability that property owners (residential & commercial) may incur for injuries and damages sustained while on the premises of a piece of property under the ownership and control of an individual or entity.   For example , slip & fall injuries, dog bites, construction accidents, amusement park mishaps, and swimming pool dangers, all fall under the category of premises liability. California Civil Jury Instructions (CACI) No. 1000 outlines the essential elements that a plaintiff would need to prove in order to hold a defendant responsible under the doctrine of premises liability.  These basic elements are as follows:   (a) The defendant owned, leased, occupied or controlled the subject property; (b) The defendant was negligent in the use or m...