Title: November 21, 2007
Q. I have a neighbor who leaves his three dogs alone in his house for days at a time. I don’t believe these dogs are fed or given sufficient water during the time that he is gone. The dogs are very skinny, their ribs are showing and the house smells very bad during the summer when the windows are open. I feel terrible about these animals not being taken care of properly. What can I do?
A. Lately, Kern County has seen more than its share of animal abuse cases. You can call the Animal Regulation inspector and this owner will be cited, if indeed, his animals are abused. Not feeding your animals and not providing sufficient water is a form of abuse. Obviously, the dogs are relieving themselves in the house because they have no place else to go, hence the bad smell emanating from the house. However, if the dogs have no food and water, the house should not smell so bad since they would not be relieving themselves because they would have nothing to relieve themselves of. Kern County’s Dept. of Animal Regulation, despite its officers’ over the top reaction in certain cases, is a fairly efficient organization. They respond quickly to complaints or reports of abuse. If necessary, your neighbor’s dogs will be taken away from him if the abuse continues. It will be investigated thoroughly, you can be sure of that. Thank you for your concerns about helpless animals.
Q. I live in Stallion Springs and I take the 202 to go home every night around 6:30 PM. Now that it is dark so early, I see people walking along the 202 in the dark, with dark clothes on. What if I hit someone and I did not see that person until the accident happens. What will happen?
A. When you are driving a car, you must be ready for any and all conditions on the road. You might bear some responsibility for the accident depending on the conditions at the scene of the accident. Obviously an investigation would need to be conducted by the police to ascertain whether the pedestrian was at fault. A pedestrian has a duty of due care and must take precautions to avoid an accident. There are numerous statutes and municipal ordinances that provide guidance with regards to this. Violation of a statute or ordinance is evidence of negligence in virtually every jurisdiction. If the law is in your favor, the more power to you.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label Hit. Show all posts
Showing posts with label Hit. Show all posts
Tuesday, March 24, 2009
Monday, March 16, 2009
Legal Eaze #39 Homestead Declaration, Cow Damage
Title: January 4, 2006
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. What is a Homestead Declaration and why should we have one recorded with Kern County?
A. If you have a family residence in Kern County and your family resides in it, a Homestead Declaration will help reduce your property taxes because $7,500 will be deducted from the total assessed value of your property before the county assessor will estimate your yearly property taxes due. In addition, should you be sued by a creditor for a debt, $50,000 of your equity will be exempted from the creditor’s grasp if you are a single individual, $75,000 for a husband and wife, and $125,000 if you are over 65 years old. I advise anyone who owns a home to have a homestead declaration prepared and recorded with the county recorder, no matter whether you are single, married or a senior citizen. The Homestead Declaration is only applicable to your “residence”, not a vacation home or a rental.
Q. I am writing about the newspaper article in the Tehachapi news on December 28 regarding the cow that was hit by the people driving a 1997 Buick on the 58 going west. Who is responsible for the damage to their car?
A. Typically, the owner of the cow would be responsible. However, it is my understanding that the owner of the cow leases the land where he grazes his cows. Caltrans is not liable because it is not Caltrans’ job to put fences up to stop cattle from walking onto roadways. It is the property owner’s duty to ensure that the fencing around his property is strong enough to stop cattle from coming onto roadways. If the property owner leases the land to a cattle owner who plans to graze his cattle there, then it is the property owner’s duty to fence his property properly. If cattle escape from the leased land and cause damage to vehicles on the roadway, the property owner is liable for the damage. However, if the property owner has a contract that shifts liability for escaped cattle to the cattle owner and that clause also specifies that the cattle owner is responsible for building strong fencing that will contain cattle within the grazing land, then the cattle owner is liable for the damage(s) caused by any escaped cattle. However, if you happen to hit a deer and it causes a lot of damage to your vehicle, then it is your problem. A deer is not owned by anyone; it is a wild animal. The argument that the State of California is responsible for its wild animals will not hold.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. What is a Homestead Declaration and why should we have one recorded with Kern County?
A. If you have a family residence in Kern County and your family resides in it, a Homestead Declaration will help reduce your property taxes because $7,500 will be deducted from the total assessed value of your property before the county assessor will estimate your yearly property taxes due. In addition, should you be sued by a creditor for a debt, $50,000 of your equity will be exempted from the creditor’s grasp if you are a single individual, $75,000 for a husband and wife, and $125,000 if you are over 65 years old. I advise anyone who owns a home to have a homestead declaration prepared and recorded with the county recorder, no matter whether you are single, married or a senior citizen. The Homestead Declaration is only applicable to your “residence”, not a vacation home or a rental.
Q. I am writing about the newspaper article in the Tehachapi news on December 28 regarding the cow that was hit by the people driving a 1997 Buick on the 58 going west. Who is responsible for the damage to their car?
A. Typically, the owner of the cow would be responsible. However, it is my understanding that the owner of the cow leases the land where he grazes his cows. Caltrans is not liable because it is not Caltrans’ job to put fences up to stop cattle from walking onto roadways. It is the property owner’s duty to ensure that the fencing around his property is strong enough to stop cattle from coming onto roadways. If the property owner leases the land to a cattle owner who plans to graze his cattle there, then it is the property owner’s duty to fence his property properly. If cattle escape from the leased land and cause damage to vehicles on the roadway, the property owner is liable for the damage. However, if the property owner has a contract that shifts liability for escaped cattle to the cattle owner and that clause also specifies that the cattle owner is responsible for building strong fencing that will contain cattle within the grazing land, then the cattle owner is liable for the damage(s) caused by any escaped cattle. However, if you happen to hit a deer and it causes a lot of damage to your vehicle, then it is your problem. A deer is not owned by anyone; it is a wild animal. The argument that the State of California is responsible for its wild animals will not hold.
Sunday, January 4, 2009
Legal Eaze #13 Road Rage
Originally Printed: January 12, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
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