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The Ins & Outs Of Insurance Fraud In California

The Ins & Outs Of Insurance Fraud In California

The Ins & Outs Of Insurance Fraud In California

Fraud is the word used when a person says something they know to be untrue for the specific reason of obtaining some sort of benefit. One of the most common form of fraud in California is insurance fraud.

There are Multiple Types of Insurance Fraud

The State of California has authorized prosecutors to handle cases of insurance fraud that fall under the provisions laid out in Chapter 12 of the California Insurance Code. The code is commonly called the Insurance Fraud Prevention Act. When insurance fraud is suspected, the Fraud Division mounts an extensive investigation that explores whether the fraud actually occurred and if the accused is in violation of California’s Penal and Insurance Codes. If the accused is found guilty, they’ll have a felony record.

Most of the cases handled by Fraud Divisions in California involve:

  • Auto insurance fraud
  • Health insurance fraud
  • Personal injury/worker’s compensation insurance fraud
  • Residential or Commercial property insurance fraud

What California Considers Insurance Fraud

Unlike some laws which are vague, when writing the laws involving insurance fraud, California lawmakers clearly outlined what they felt was insurance fraud. According to state laws, you can be found guilty of insurance fraud if you:

  • Knowingly took the steps needed to commit insurance fraud, such as hiding a vehicle and then telling the insurance company it was stolen.
  • You went through with the fraudulent act and filed the insurance claim.
  • If the Fraud Division can prove that both the act and intent to commit insurance fraud went together.

It’s important to note that you can be found guilty of felony insurance fraud even if you never receive any money from the act.

California’s insurance fraud laws are written in such a way that the only thing that has to be proven is act and intent.

Who Can Accuse You Of Insurance Fraud

In most states, the insurance company is the one who has to alert the authorities to an act of insurance fraud, but California is unique. When you read through the Insurance Frauds Prevention Act, you’ll see language that allows a person who isn’t connected to the insurance company to file a lawsuit against someone who they believe to be guilty of insurance fraud. The interesting thing about the law is that it enables the private citizen, AKA the whistleblower, be “rewarded” 30-50% of the settlement or trial award once the insurance fraud case reaches its conclusion.

Penalties Of Being Convicted Of Insurance Fraud In California

The most devastating aspect of being found guilty of insurance fraud is that you’ll have a felony record. In addition to that the judge can order you to pay a civil penalty of $5,000 to $10,000 for each violation as well as paying up to three times the amount you collected in fraudulent insurance claims.


Californians Need To Be Prepared

Californians Need To Be Prepared

Californians Need To Be Prepared

California is pretty well known for its earthquakes, and while the state gets several hundreds of small earthquakes a year, the area is prone to another form of natural disaster. Every Californian knows that the state gets several wildfires a year, and with the state still facing drought, the fires have been getting larger.

Summer may be approaching its inevitable end, but the hot, dry weather has made its mark. The state has already had several large fires this year and some have, unfortunately, been deadly.

It is important for every California resident to be ready for a wildfire.

By being prepared, a person will be better able to keep themselves and their loved one’s safe.

An important step for all families is to have an evacuation plan ready to go. This plan needs to be practiced and well known by every family member, this way the family can leave at a moment’s notice. The plan should include multiple escape routes from the home, as well as a final destination for every member to meet at in case of separation. There should also be a well-stocked emergency kit somewhere in the home that every family member knows about.

Aside from preparing the family for a wildfire, it is also important to prepare the home as well. The state of California requires that every property owner create 100 feet of defensible space around their home or other buildings. This means keeping tall and highly flammable plants at least 30 feet from your home. There are other regulations that you can learn about by clicking here to visit Cal Fire’s webpage on defensible space.

Doing these little things to prepare yourself, your family, and your home can make a huge difference. It gives everyone in your family a better chance of survival in the event of a fire. Creating proper defensible space gives your home a better chance of getting through the wildfire unscathed. These are both things that everyone wants when facing a raging wildfire.


The Truth About Criminal Threats

The Truth About Criminal Threats

The Truth About Criminal Threats

Threats are a part of life, a knee jerk reaction to anger, hurt feelings, and fear. Most people make threats without any intention of ever carrying them out. However, in this current world where school shootings and other heinous acts seem to be a weekly occurrence, people and members of the law enforcement community are taking threats more seriously than ever before.

Threats made on school grounds or that include a school system tend to be the first ones that law enforcement crack down on.

In these instances, law enforcement act first and ask questions later. A perfect example of this is a recent situation where a few students had a conversation about their desire to shoot up at their school in Los Angeles was overheard. The students had barely finished their conversation when police arrived on the scene and arrested both students. The charge was making criminal threats.

This type of thing is happening all over the country.

There aren’t any statistics outlining how many of the students who are charged with making criminal threats are actually doing nothing more than blowing off steam, but if the police and media are to be believed, for the most part, this is a situation of where there’s smoke, there’s fire. Police report that in many instances, after arresting a student for making criminal threats, they discover that the student was in possession of an alarming amount of firepower. An example of this is the arrest of a 17-year-old L.A. student who was arrested. When the police investigated the student’s home, they not only found 90-high-capacity magazines, but also 2 assault weapons as well as some handguns.

In California, the law is clear when it comes to making criminal threats.

California Penal Code Section 422 clearly states that making any type of verbal or written threat of death or bodily injury to another person is against the law. Comments posted on social media sites count as a written threat.

One interesting loophole In Penal Code Section 422 is that there’s no mention of gestures. At this point, this means that gestures that are symbolic to a gang or pointing a finger gun at someone doesn’t break the law. Whether or not gestures should constitute as a criminal threat was discussed in front of the California Supreme Court during the 2017 case, People v. Gonzalez. The court agreed with the defendant that gestures weren’t admissible in court. So far, the Penal Code hasn’t been amended to include the use of hand gestures as a criminal threat.


The Call You Never Want To Make

The Call You Never Want To Make

The Call You Never Want To Make

Whenever you have to call 911, it’s never a good thing. No one ever calls 911 to celebrate a victory. When you call 911, it’s usually because things have taken a turn for the worst and the situation is out of your control.

When you dial 911, you aren’t just calling the police. You’re calling a dispatch for emergency services that include medical services. You should only call 911 for certain reasons. Blocking up the lines takes time away from dispatchers who could be helping another person with a dire emergency.

Reasons why you should call 911 can vary.

You should only call 911 when it is an emergency.

When you make a call to 911, be prepared to quickly give as accurate and direct information as you can. Remaining calm while talking to the dispatcher will also benefit you. Dispatchers are trained to remain calm since they deal with emergency calls all the time.

The following are reasons why you call 911:

  • Medical Emergency
  • Car Accident
  • House Fire
  • Wild Fire
  • Someone Collapses
  • Someone is Hurting Another
  • Someone is Breaking into a House

Reason why you shouldn’t call 911 can vary as well too. Tying up emergency services is a crime, and comes with serious consequences. When emergency services are tied up helping someone who doesn’t really need help, someone who actually does need assistance can suffer. If you continuously call 911 for non-emergency reasons you can expect to be fined.

The following are not reasons to call 911:

  • You have a doctor’s appointment and need a ride.
  • You locked yourself out of your car.
  • You need a ride to court.
  • You don’t feel like driving to the hospital.
  • You’re pulling a prank on a friend.

One more thing you need to remember is if you accidentally call 911, don’t hang up the phone. Stay on the line and let the dispatcher know. If you hang up the dispatcher will send emergency services to your location and you can then be charged for tying up emergency services. When you find yourself having to call 911 it can be pretty scary. Emergency services are one of those things in life that you are grateful for, but never want to use.


What Is The Most Fun State To Live In?

What Is The Most Fun State To Live In?

What Is The Most Fun State To Live In?

Congratulations to the State of California for being the Most Fun State in 2018.

According to Wallet Hub, the Golden State takes the cake when it comes to having fun. If you’ve been in California for a while, this makes complete sense to you. Of course California is a fun state to live in. There are so many activities for locals and tourist to do.

Wallet Hub put together their list by gathering information about each state’s entertainment and nightlife. The entertainment category had several sub-sections such as:

  • Number of Attractions
  • Variety of Arts
  • Ideal Weather
  • Restaurants
  • Amusement Parks
  • Golf Courses
  • Movie Theaters
  • Arcades
  • Fitness Centers
  • Marinas
  • Shoreline
  • Beach Quality
  • Access to Scenery
  • Number of State Fairs
  • Access of National Parks
  • Personal Spending of Recreation Services
  • State and Local Direct Expenditures

Each one of these sections in the entertainment category are weighted differently to add up a totally of 80 points possible. After looking at what the states were rated on, it’s really no surprise that California came in first. After all, we are known for our amazing beaches and coastline. Some state can’t compete in those categories.

There were only 20 point available for the states to make in the Nightlife section. The Nightlife category fails to take into consideration more family friendly states. States where there is no nightlife, but have more park events would rank lower here, but could make up for it in the entertainment category. That is why it’s no surprise that Nevada, where Las Vegas is located, is ranked first in the nightlife category.

The following are the smaller subsections of the Nightlife category:

  • Average Beer and Wine Price
  • Movie Costs
  • Nightlife Options
  • Access to Bars
  • Time of Last Call
  • Music Festivals
  • Performing-Arts Theater
  • Casinos

If you still want to live in a fun state, but you’re planning on leaving the state of California, don’t worry. New York, Florida, Illinois, and Nevada round out the top five most fun states. States where you might want to avoid for their lack of fun would be: Alabama, Rhode Island, Vermont, Delaware, Mississippi, and West Virginia. The states that are the least fun are also some of the smaller states that are nestled next to more exciting states.

If lists like this influence your choice on where to live, then that’s good news for Californians. California typically makes the top five in most lists like this. If you don’t agree with this list, then you may want to take a stroll down the Pacific Coast Highway. There’s plenty to do, and many places to have fun in the golden state.


As A Tenant, Can You Legally Withhold Rent?

As A Tenant, Can You Legally Withhold Rent?

As A Tenant, Can You Legally Withhold Rent?

The relationship between tenants and their landlords can be complicated. Often what one person in the relationship thinks of as fair, the other considers the short end of the stick. It’s not unusual for tenants to get so fed up with a landlord, that they decide to force the landlord into taking action by withholding rent. While withholding rent until repairs have been made is allowed, in California, the laws surrounding the decision are complicated.

When Can A Tenant Withhold Rent?

H&S §17920.3 which is also called California’s State Housing Law, is a law that has been adapted by nearly all of California’s cities as well as the state’s legislators. The law clearly stipulates the minimum requirements the landlords must do with regards to things like:

  • Overall condition of the structures on the property
  • Heating/cooling systems
  • Lighting
  • Ventilation

Additional California state law, Civil Codes § 1941.1 and § 1941.3 stipulates the bare minimum amenities the landlord must provide each of their tenants. Issues addressed by Civil Codes § 1941.1 and § 1941.3 include:

  • Weather protection
  • Plumbing
  • Maintenance for basic safety features including floors, rails, and stairways
  • Sanitary issues (including trash receptacles, rodent control, and debris removal)
  • Locks for doors and windows

If the minimum requirements laid out in H&S §17920.3 and Civil Codes § 1941.1 and § 1941.3 aren’t meant, the tenant should contact the landlord and make them aware of the situation. If the landlord doesn’t respond or make any effort to bring the building up to code, the tenant can choose to withhold rent until something gets done to bring the building up to code. However, before you stop paying your rent, there are few legal technicalities you need to be aware of.

Hoops Tenants Have To Jump Through Before They Can Legally Withhold Rent In California

You can’t simply decide that you’re going to withhold your rent until your landlord takes care of a problem that you’ve been complaining about. The California court system has some requirements you have to meet first.

These requirements include:

You have to prove that the repair you require is in clear violation of H&S §17920.3, Civil Codes § 1941.1 or § 1941.3 You can’t withhold rent simply because you’re annoyed about something. When you decide to withhold rent, you have to be able to prove to the court that:

  • You weren’t the cause of the problem.
  • That the problem is clearly a health or safety hazard.
  • That you reported the issue to your landlord and also provided them with a reasonable deadline for making the repair, a deadline that they blatantly ignored. The amount of time to provide the landlord to correct the problem often depends on the problem itself. For some repairs, the state of California allows the landlord up to a month to repair the issue, but for other issues, such as a broken door or window lock, the problem needs to be corrected right away.

When you decide that you are going to withhold rent in order to get repairs done on the property, you should be prepared for your landlord to react badly. They may even try to evict you. If this happens, you’ll need to appear in court and provide the judge with evidence that you adhered to all local laws.

Before withholding rent, you need to contact the local court system for your county or city. Different cities have different rules about rent. It’s not unheard of for a city to require the rent that you’re not paying the landlord be directed to a city escrow account.

How To Apologize & Keep Relationships Healthy

How To Apologize & Keep Relationships Healthy

How To Apologize & Keep Relationships Healthy

We say things in the heat of the moment all the time. We get caught up in defending ourselves and too worried about our own feelings that we often cross a line with the person we’re arguing with. Let’s face it, we only argue with people we care about in the first place. We argue with our parents who are just trying to look out for us. We argue with our friends when they point out that we’re being dumb. Anger is a secondary emotion. Meaning that in order to feel angry, we must feel a primary emotion first.

Anger is a result of an escalation of emotions.

Knowing that anger is a result of another emotions, you then must recognize what was your first emotion. Think about what was said or done that made you react in anger and lash out at your loved one. You need to recognize where it all went wrong. Once you spend time doing that and evaluating the situation as a whole, you will be able to pinpoint what you did wrong. Once you figure that out, you can begin to understand why you did it in the first place.

Once you understand what you did wrong, you’ll be ready to start forming an apology. The person can either choose to forgive you, or choose not to. You need to remember this. Even though you are admitting your wrongdoing, your loved one has the ultimate say in your forgiveness.

You need to be sincere and loving when apologizing. Don’t apologize from a place of anger or resentment. Choose your words carefully and don’t be careless. If you’re not sincere, then your apology will be in vain. Be sincere by the tone in your voice, admit that you are wrong, and offer up a way to make it better.

Forming a well thought out apology before actually apologizing can help you deliver it from the heart. Most importantly don’t forget to use the words “I’m sorry” only if you mean them.

Apologizing can be difficult because you have to admit to being wrong about something. We have to swallow our pride and accept that we messed up. If you don’t know what you did wrong, you need to talk to the person you hurt and ask them.

Being able to accept and apologize for your mistakes is a skill.

Practice makes better, but unfortunately, trying to practice an apology means that you had to do something wrong in the first place. Remember that you care about the person you’re apologizing to. They’ve helped you out, maybe even bailed you out of jail, and for some reason communication between you two failed. Luckily, that is nothing a well thought out apology can fix.

Don’t Be Afraid To Ask For Bail Help

David Ortiz Bail Bonds in Loma

David Ortiz Bail Bonds in Loma

You should never feel ashamed to ask for help. It is impossible to know everything, which means you will eventually run into something where you need advice. For many people, this can occur when they find out that someone they know has been arrested. If the person is a friend or family member, then rescuing him or her from jail is extremely important. However, many people have no idea how to bail someone out of jail.

Luckily, there are people out there that can help. Professional bail agents can guide their clients through the process of bailing out a loved one. This makes it a good idea for many people to get a bail agent to help them in rescuing their loved one.

You can find outstanding bail agents who are ready to help you any time of the day at David Ortiz Bail Bonds in Loma. By contacting us, you will be receiving help from knowledgeable agents. Our company has been helping Californians for 30 years, which means that our agents have 30 years of experience behind them. They know what they are doing.

At David Ortiz Bail Bonds in Loma, our bail agents will get to work right away as soon as you call. They can answer all of your questions. They can even explain the entire bail process to you, if you desire. We will not leave you in the dark. With our experts at your side, you will feel safe and comfortable as you rescue your friend or family member from jail.

You will get the bail help that you need at David Ortiz Bail Bonds in Loma, guaranteed! We make bailing someone out of jail a quick and easy experience. You will have nothing to worry about. In no time at all, your loved one can be out of jail and back home, safe and sound.

For a FREE consultation to begin asking questions about the bail process, simply click Chat With Us or call us at 661-326-0608.

What Is Jordan’s Law?

Loma Bail Bonds

Loma Bail Bonds

Seeing a video of any sort of crime or attack on the internet is happening more and more frequently. Most of the times, the video was taken without the wrongdoer’s knowing. The video will gain popularity if it depicts the wrongdoer messing up in some hilarious way.

The other portion of crime related videos going around are not as entertaining to most people. Some attention seekers decide to gain internet fame by creating their own video. Often times, these videos are far more sinister in nature. These wrongdoers decide to create a video of them attacking a random person. This can leave the victim in serious or even life threatening conditions.

This was the case was last December when 14 year old Jordan Peisner was attacked and beaten by random teen he’d never met. The incident was recorded by an accomplice of the attacker, who then posted the recording to Snapchat. A civil lawsuit alleged that the teenager who recorded the incident and posted it, did so, so that the group of friend could gain fame and notoriety online.

Assembly bill 1542, nicknamed Jordan’s Law, looks to change how this sort of event is handled.

Jordan’s Law seeks to increase the punishment for anyone who films their attack of someone or any other crime for the purpose of gaining online fame by adding a one year enhancement to the punishment.

It also states that anyone assisting the attacker in the filming of the attack will be held equally liable. The bill does not affect people who film random crimes.

Is Ticket Scalping Legal?

Ticket Scalping Loma

Ticket Scalping Loma

Ticket scalping is when a person resells their ticket to an event, like a concert or a sporting event, to another person. The purchaser does not buy the ticket directly from the event itself, but rather goes to someone who already owns a ticket to the event, but is looking to get rid of it. The price is determined by the individual who is in possession of the ticket, and it is often a bigger price than the face value they purchased it for. This is because they are looking to make a profit from the sale.

In California, ticket scalping is illegal when done on the grounds of the event. This is a misdemeanor charge that carries a fine as high as $1,000.

While that may be illegal, it is legal to purchase resale tickets online from valid ticket websites such as SeatGeek, StubHub, and Ticketmaster. These sites allow people to search for ticket sales to any number of events in their area. The website is required to:

  • Disclose seat locations to the potential buyer before the sale
  • Maintain records of ticket exchanges
  • Disclose service charge
  • Provide refunds if the event is canceled or rescheduled
  • Be licensed by a local government agency to act and operate as a ticket resale site

Purchasing resale tickets through these websites are among the most secure ways to get your tickets. You are not being scammed. In the instance that the event is changed, you will get a refund. You will be provided with official records and receipts. Other sites like Craigslist are less secure and the risk of purchasing fake tickets rises. Once a person learns that their tickets are fake, they have almost zero chance of contacting the person who sold it to them and getting their money back.

Always be cautious of where and how you buy your tickets.

In general, you should never trust someone who is trying to sell tickets outside of the event itself, on the day of the event. We said this is illegal, yet people do it anyway. Sometimes security will ask these scalpers to leave the grounds, but some go unnoticed and even make a sale, very likely a sale that produced fake tickets.

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