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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.

Clarification on Animal Rehabilitation

The Veterinary Medical Board (VMB) has proposed a regulatory action to adopt a new section that they believe will better protect animal patients and California consumers.  The proposed regulation will allow licensed physical therapists and registered veterinarian technicians to perform animal rehabilitation under the direct supervision of a veterinarian. Currently, Animal Rehabilitation is considered a […]

August 29, 2016

Why is the Proof of Service Unsigned?

When documents are sent on behalf of a client to the opposing party or the adjudicative body overseeing the dispute, attorneys are sometimes required to complete a proof of service. A proof of service is usually in the form of a declaration signed by an individual indicating that a particular document has been served upon […]

August 12, 2016

When the Physical Therapy Board Contacts You

After defending hundreds of health care licensing investigations and disciplinary actions from Boards within the Department of Consumer Affairs over the years, certain things have become very apparent. First, a licensing Board or Department of Consumer Affairs (“DCA”) investigator is not contacting you for praise or accolades – there has been a complaint or an […]

July 29, 2016

Subpoena Witness Doesn’t Show

What happens when a witness you subpoena to testify at your licensing defense hearing does not show up? A subpoena is used to compel attendance at a hearing, and a subpoena duces tecum is used to compel production of documents at any reasonable time and place or at a hearing.  Subpoenas must comply with CCP […]

July 28, 2016

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

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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