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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Satisfy Request for Former Employee File

One question regularly confronted by employers is when a former employee requests copies of “their file.” Ostensibly, the employee is requesting a copy of their personnel file. However, the contents of a personnel file may not include all that which the former employee is seeking. Sometimes the employee is seeking payroll records, in addition to […]

June 30, 2015

Steve Simas Quoted in Sacramento Business Journal

In mid-month June, the Sacramento Business Journal contacted Simas & Associates, Ltd. for assistance on a story it was writing regarding surprising things about California alcohol licensing laws. Simas & Associates, Ltd. is known as one of the leading professional licensing law firms in California and provides statewide alcoholic beverage control licensing representation. The Sacramento […]

June 29, 2015

Appointment to San Luis Obispo Chamber of Commerce Legislative Action Committee

Congratulations to Steven L. Simas on his appointment to the San Luis Obispo Chamber of Commerce Legislative Action Committee. The Legislative Action Committee is tasked monitoring and advocating for local, regional and on occasion state and national issues that impact member business success and the Chamber’s economic vision. The Chamber’s committees, councils and task forces are […]

June 27, 2015

The Failure to Mitigate Damages

When a party is harmed, that typically gives rise to a claim for damages. However, an express limitation to the extent of recovery for those damages is those that could be avoided by the injured party engaging in reasonable and ordinary care after the harm. The failure of the injured party to engage in reasonable […]

California’s Automatic Renewal Law

Effective December 2010, California enacted an Auto-Renewal Law (“ARL”), Business & Professions Code sections 17600-17606, in an effort to end the practice of ongoing charging of consumers, without their explicit consent, for continuing services or products. Prior jurisprudence under the California Unfair Competition Law, Business & Professions Code §17200,et seq., or the Federal Trade Commission […]

June 12, 2015

When Can I Petition for Reinstatement?

A person whose license has been revoked or suspended may petition for reinstatement or reduction of penalty under Gov. Code, § 11522, which applies to virtually all state agencies that license or register people or entities and take action against their licenses. It specifically governs petitions for reinstatement, except when an agency has its own […]

June 5, 2015

Sharon M. Cain – First Recipient of Concilio et Labore

Congratulations to Sharon M. Cain, Administrative Assistant at Simas & Associates, Ltd., for being the first recipient of the Concilio et Labore trophy. Concilio et Labore is latin loosely translated to mean, “By Wisdom and Effort.” In practice, we read it as recognizing those who not only had the vision of a particular goal, but also engaged […]

May 28, 2015

Pregnancy Discrimination: 10 Things You Need to Know

Historically, pregnant women have been subject poor treatment in the workplace. Since approximately 75% of the 68 million plus women workers become pregnant at some point in their working lives, this a lot of poor treatment. This includes poor guidance by supervisors and human resources as well as abject discrimination in employment. While strides have been […]

Procedural Grounds for Opposing a Motion

When a party or attorney is confronted by a motion by the opposing party or opposing counsel, the primary focus is usually on what they are attempting to accomplish. And that is absolutely appropriate – what if upon review you determine that your client does not oppose or actually agrees with what the other side […]

May 22, 2015

Use of Affidavits and Declarations in Licensing Defense Hearings

The Administrative Procedure Act (APA) provides a procedure under which sworn affidavits or declarations under penalty of perjury may be used the same as live testimony in an adversarial professional licensing hearing. (Gov. Code, § 11514.) Please note that an “affidavit” is defined in the California Code of Civil Procedure, sections 2009–2015.6. Declarations under penalty […]

May 2, 2015

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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