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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.

Statutory Cancellation Rights

California consumers have a legal right to immediately cancel contracts under a variety of contractual law theories. Contracts can be terminated for fraud, fraudulent executon (Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839), mistake, undue influence, breach, illegality,nonconformity, and unconscionability.  (Civ. Code §§ 1670.5(a), 1689(b), 1793.2(d), 1793.22(b)). However, in a number of specific consumer transactions, the […]

California State Bar Passes Rules to Enforce AB 1424 on its Members

The California State Bar recently adopted new Rules of Court and State Bar Rules that reserves the right to suspend an attorney’s license to practice law in the State of California if the attorney owes a large delinquent tax liability. The rule only applies to attorneys who are on the list of 500 largest tax […]

Duty to Stay Hip – Compelling Use of Modern Technology

Will ignorance of or the failure to adopt certain technological tools, such as e-discovery,  be considered an ethical violation in the future?  An interesting discussion of the implications of this issue can be found in A Discovery: Study tech-aided review before it’s an ethics issue by Joe Dysart.  It is also important to note that […]

Contractors State License Board Goes After Craigslist Posts

The California Contractors State License Board (CSLB) recently announced that it has joined forces with the contracting boards from Arizona, Nevada and Oregon, as well as the National Association of State Contractors Licensing Agencies (NASCLA) to issue a nationwide consumer alert regarding the excessive illegal and deceptive ad postings on popular Internet bulletin Board websites […]

Unpaid Internships are an Oxymoron

Many companies rely upon unpaid interns as a way to minimize costs and provide opportunities to eager workers who are willing to work for free in hopes of ultimately securing a paid position. However, such an approach is risky, and more than likely, illegal in the state of California. The U.S. Department of Labor has […]

Eradication Instead of Expungement

In California, “expungement” of a record (under Penal Code section 1203.4) does not mean that the conviction never happened.  It simply relieves a person from the criminal penalties of their actions.  What are some other options? Sealing the Record of a Minor Unlike expungement of a record (under Penal Code section 1203.4), if the offense […]

Expungement – Not a License Discipline Cure-All

Californians are able to get relief from certain criminal baggage through a process that we commonly call “expunging” a record.  However, unlike in some states, this process does not completely wipe the slate clean.  On the contrary, it only relieves a person from the criminal penalties of their actions, which leaves out a lot more […]


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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