This blog entry is for all licensees of the California Department of Alcoholic Beverage Control (“ABC”). We were compelled to write this article to warn ABC licensees of the perils of attending an ABC “309 meeting” also known as a “309 hearing” at a regional office of ABC. Pre-Charging Meeting Read more…
Vaping is the use of an e-cigarette – a battery-operated, pen-shaped device that turn flavored nicotine into a vapor that users inhale. Because the vapor does not contain tobacco and is smokeless, it is not prohibited by California’s statewide ban on smoking tobacco in the workplace. Only three states – Read more…
Our short take – no, never, please don’t, and please avoid at all costs. However, if you must be provided with more explicit reasons, please know that lying to your attorney is really a lose-lose situation. Lying to your attorney is perhaps the most counter-productive thing you can possibly do. Read more…
An often overlooked defense to many claims or causes of action is the failure to exhaust remedies. The concept of the defense is that a plaintiff or claimant must first present and exhaust any internal review of their potential claim, as well as the appropriate external review of that internal Read more…
Hypothetical Plaintiffs serve discovery requests for special interrogatories and production of documents on your clients, the Defendants. At the time, you had just undergone a planned surgery and thus were in no shape to be able to timely respond. As a result, you request and are granted several extensions to Read more…
A “disorderly house” is a legal term of art in the state of California. Under the Business & Professions Code, premises licensed by the California Department of Alcoholic Beverage Control that disturb the neighborhood or are maintained for purposes which are injurious to the public morals, health, convenience or safety, Read more…
Under Title 10 of the California Code of Regulations, Article 18.6, section 2921, licensees subject to discipline by way of a filed Accusation may petition the Commissioner (now Bureau Chief) of the Bureau of Real Estate (BRE) for a monetary penalty in lieu of other discipline. This petition may serve Read more…
The California Alcoholic Beverage Control has a specific license type for clubs. It is License Types 50, 51, or 52. It authorizes a designated club to sell beer, wine, or distilled spirits to members or guests, on the premises of the club for consumption on the premises. It does not Read more…
On October 7, 2013, Governor Brown signed AB 1000 (Consumer Direct Access to Physical Therapist Services: Professional Corporations) into law which is also known informally as the “direct access law.” Effective January 1, 2014, patients may directly seek physical therapist treatment under provisions of the new law. The debate about Read more…
A protective order is a means by which the court shields a party, deponent, or other natural person or organization from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” In the context of litigation, it is often used by the parties to limit the scope, frequency or method Read more…