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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.

Digital Discovery

Rules 26b and 34 of the Federal Rules of the Federal Rules of Civil Procedure instruct that information stored on computers is discoverable under the same rules that apply to tangible, written materials.[1] According to Principle 12 of The Sedona Principles:[2] Absent party agreement or court order specifying the form or forms of production, production should […]

Risk of Alcohol Abuse after Gastric Bypass Surgery

Obesity is no longer considered just a case of over-eating and lack of self-control. It is acknowledged as a “chronic progressive disease resulting from multiple environmental and genetic factors” by various International and National scientific organizations, including the World Health Organization. The National Institute of Health recommends bariatric surgery as an effective treatment for weight-loss […]

Overtime Pyramiding in California

Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. This is especially common because daily overtime is usually a state level requirement (i.e. California […]

Simas Saves Disabled Employee’s Retirement.

In Sacramento, a county employee suffered a disability on the job that continued to worsen during employment, until the individual could no longer work. The retirement board did not agree on the cause of the disability, threatening the worker’s retirement. On the eve of a two-day hearing, Attorney Justin D. Hein met with opposing counsel […]

Potential Grounds for Revocation of Probation Averted

Nurse on probation missed a check-in for controlled substance testing. It was due to a malfunctioning alarm clock. Nevertheless, missing such a check-in was immediate grounds for revocation of probationary discipline on the Nurse’s license. Simas & Associates, Ltd. was able to spring into action by immediately informing the Probation monitor of the missed check-in, […]

Agency as Affirmative Defense

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency rests on the one affirming […]

Months of Diligent Work Reverses SNAP Disqualification!

A food vendor in the Sacramento area received notice that they were permanently disqualified from the SNAP program, on charges of trafficking. A team of Simas & Associates, Ltd., staff and a private investigator collected months of receipts, invoices, and testimonies to demonstrate the misunderstanding. SNAP weighed the evidence and, in an unprecedented move, revoked […]

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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