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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.

Petition to Set Aside Granted

Simas & Associates, Ltd. recently petitioned for and was awarded the granting of a Petition to Set Aside the Default Revocation of a California Department of Insurance licensed agent. “The grounds for the petition was a lack of notice of the Accusation,” explained Justin Hein, Managing Attorney of Simas & Associates, Ltd. “Our client was […]

July 15, 2016

Pets Don’t Like Fireworks and Still Need Water

As we start to make preparations to celebrate Independence Day and the founding of the U.S., please be mindful of your (and your neighbors’) pets. Many people enjoy the booming sounds and flashing lights of fireworks to celebrate the 4th of July, but pets almost unanimously do not. In fact, they can be terrifying and overwhelming […]

June 28, 2016

Employment of Physical Therapists by Medical Corporations

When AB 1000 went into effect in January 2014, it was actually the combination of two bills: (1) AB 1000 for direct consumer access to physical therapy, and (2) AB 1003, sponsored by the California Medical Association, to permit professional medical corporations to employ physical therapists. Since 2010, the California Physical Therapy Board had taken the […]

June 20, 2016

Advanced Fees Held in Client Trust Account

An “advance fee” is money your client gives you upfront to pay the cost of legal representation. Typically, such payments are called “retainers.” However, unlike true retainers, which are paid to ensure your availability to a client and are therefore earned in full at the time you receive them, advance fees don’t belong to you until you […]

June 17, 2016

1033 Consent Waiver

Federal law bars anyone who has been convicted of a felony involving dishonesty or breach of trust from willfully engaging in or participating in the business of insurance. It is a criminal offense, found under the the Violent Crime Control and Law Enforcement Act of 1994, Title 18, United States Code, section 1033. Furthermore, it is a […]

June 10, 2016

Simas Tops CalPERS With Just One Expert Witness.

Our client, a correctional officer, was severely injured on the job. The injury required an immediate visit to the ER and the residual effects of the injury prevented him from being able to use a firearm or a baton, but the California Public Employees Retirement System accused him of faking the severity of his injury. […]

June 9, 2016

False Imprisonment in Workplace Investigations

False imprisonment is the wrongful restraining, confining or detaining a person without that person’s consent. It is a crime (i.e. Penal Code, § 236) and can be charged as a felony or misdemeanor. It is also a common law tort. False imprisonment can arise in the employment context. This would typically occur during a workplace investigation […]

June 2, 2016

May I form a Professional LLC in California?

No. Unfortunately, you cannot. Section 17002 of the Beverly-Killea LLC Act (Corp Code Sections 17000-17666 or “LLC Statute”) states that subject to any limitations contained in the articles of organization and to compliance with any other applicable laws, a limited liability company (“LLC”) may engage in any lawful business activity, whether or not for profit, […]

May 20, 2016

Cannot Waive Licensing Board Complaints in Settlement

A recent settlement agreement Simas & Associates, Ltd. on behalf of  two licensed professionals inspired this blog. The parties – call them Doctor and CPA — had a business dispute and were settling the case.  The settlement agreement was presented for review and contained the standard provisions, including a release of all claims referencing Section […]

May 6, 2016

Time Clock Rounding

Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to provide a minimal amount of time warranted for completing recognizable work. Frankly, it is really […]




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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