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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.

Berman Hearings

Berman Hearings are administrative hearings conducted by the California Labor Commissioner to determine the legitimacy and extent of an employee wage claim against an employer. The Berman Hearing was named after Howard Berman, the member of the California State Assembly who instituted it. It is designed to provide a speedy, informal, and affordable method for employees […]

2012 CPTA Annual Conference

The California Physical Therapy Association will be having its 2012 annual conference next week Friday through Sunday (September 28-30) in Santa Clara, California, at the Santa Clara Convention Center and Hyatt Regency Hotel. According to James Syms, PT, DSc, ATC, SCS, six reasons for California physical therapists (PT) and PT vendors and consumers to meet […]

Cost-Shifting under Code Civil Procedure section 998

California law has a strong preference for lawsuit settlements, for public policy reasons (such as judicial efficiency). As such, the state legislature has declared that evidence of an offer to settle is inadmissible to prove liability (Evid. Code § 1152), and that all statements made during mediation are confidential (Evid. Code §1119). Another important (and far […]

California’s Two New Corporation Types

At the beginning of 2012, California became the seventh state in the U.S. to permit two new subtypes of stock corporations. Flexible Purpose Corporation – This is ideal for those wanting to engage in more than one of the purposes outlined in California Corporations Code section 2602(b)(2) and the Articles of Incorporation must contain a statement […]

Counsel-of-Record Services

Simas & Associates, Ltd. is now offering Counsel-of-Record Services for all of our working professional and business clients.  This varied service area offers continued support to individuals in complying with their professional, legal, and business obligations in the state of California.  More often than you think, businesses and working professionals fall victim to unknown regulations […]

Citation Style – the Lingua Franca of the Law

Is citation style really all that important? Does it really matter whether we use 12 or 13 point font and whether we use the California Style Manual or The Bluebook? Edward W. Jessen, Reporter of Decision for the California Supreme Court argues, yes, in his convincing article, “Citation Style: Why Do We Care?” appearing in […]

Dahlia Jean Adolfo Hein

Dahlia Jean Adolfo Hein, daughter to Justin D. Hein and his wife, Paige, was born on August 28, 2012 at 2:06 AM.  She weighed 7 lbs., 14 oz. at birth and was 20.25″ long. In the three weeks since birth, Dahlia has picked up on eating, sleeping, and crying as her three most common activities. […]

Deferred Entry of Judgment versus Drug Program in Lieu of Incarceration

Many California licensees or professionals applying for an occupational or business license who have been convicted of drug-related offenses do not understand the consequences of their conviction. More often than not, the licensing authority – whether a state licensing Board or local licensing agency – will deem the conviction substantially related to the profession, and […]

Precedent Decisions of California Agencies

Under the Administrative Procedure Act (APA), an agency may designate as “precedent” a decision or part of a decision “that contains a significant legal or policy determination of general application that is likely to recur.” (Government Code §11425.60(b)). Precedent decisions can be used to clarify the agency’s interpretation of the existing law or to set […]


On August 24th, a nine-person jury in California awarded Apple Inc. (maker of the iPhone and iPad product lines) over $1 billion in damages, holding that Samsung Electronics Co. Ltd. (creator of the Galaxy S and Galaxy Tab lines) had willfully infringed six Apple patents.  Although this huge award is being appealed, there have already been significant […]

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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