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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
The attorneys at Simas & Associates, Ltd. are seeing increasing numbers of Veterinary Medical Board (“Board”) investigations where veterinarians are attempting to respond to the Board’s investigation of them on their own. Unfortunately, this is resulting in extreme negative consequences for the veterinarians that are simply not foreseeable other than Read more…
In California, the Veterinary Medical Board has a right to inspect “at any time” any “premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.”[1] The Board regularly carries out two kinds of inspections – routine inspections and inspections following a complaint to the Board. Violations found Read more…
Two bills presently in a hold pattern in the California legislature have been boosted by the results of a recent field poll. Legalizing sports betting is favored by 58 percent of all registered voters – a 23 percentage-point margin over opponents – receiving thumbs up from both genders and all age groups, Read more…
The most frequently cited deficiency in a California Veterinary Medical Board (“VMB”) audit of a veterinary hospital is poor record-keeping. The VMB takes the stance that if it’s not in the medical records, it didn’t happen. Disciplinary action includes the denial, revocation, probation, or suspension of a license or a citation or Read more…
There is some controversy and legal maneuvering regarding two recent animal-protection laws in California. Regardless of whether you enjoy foie gras or shark fin soup, the arguments over loopholes, principles of federalism and even possible racial overtones make for an interesting story. In 2004, then-state Senator John Burton authored SB Read more…