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…
Furnishing alcohol to minors is a crime. Specifically, California Business & Professions Code section 25658, which regulates the sale of alcohol in California, makes it a misdemeanor crime to: Furnish (i.e. sell, provide, or give) or causing to be sold, furnished, or given away any alcoholic beverage to a person Read more…
YES! This blog entry is a message to all types of licensed professionals who are responding to inquiries, investigations or otherwise communicating with their respective licensing board, bureau, or department. Specifically: PLEASE DO NOT TRY TO DEAL WITH AN ADMINISTRATIVE LICENSING AGENCY ALL ON YOUR OWN! Of course, you can. Read more…
Under Business and Professions Code sections 5035 and 5050(a), accountancy corporations must be licensed much in the same manner as an individual practicing public accountancy. Specifically: 5035. “Person” includes individual, partnership, firm, association, limited liability company, or corporation, unless otherwise provided. 5050. (a) Except as provided in subdivisions (b) and Read more…