False imprisonment is the wrongful restraining, confining or detaining a person without that person’s consent. It is a crime (i.e. Penal Code, § 236) and can be charged as a felony or misdemeanor. It is also a common law tort. False imprisonment can arise in the employment context. This would typically Read more…
No. Unfortunately, you cannot. Section 17002 of the Beverly-Killea LLC Act (Corp Code Sections 17000-17666 or “LLC Statute”) states that subject to any limitations contained in the articles of organization and to compliance with any other applicable laws, a limited liability company (“LLC”) may engage in any lawful business activity, Read more…
A recent settlement agreement Simas & Associates, Ltd. on behalf of two licensed professionals inspired this blog. The parties – call them Doctor and CPA — had a business dispute and were settling the case. The settlement agreement was presented for review and contained the standard provisions, including a release Read more…
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 Read more…
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 Read more…
A lawyer walks into a bar… While that is the title of a 2007 independent film about lawyers, law school, and the California Bar exam, it also relates to a very serious problem that has been brought to light. Attorneys are more likely to abuse drugs and alcohol than any Read more…
In the age of the Internet, it is imperative that any professional licensed by the State of California, from an accountant or contractor to a physician or physical therapist, look himself or herself up on the licensing board’s website on an occasional and frequent basis. The Department of Consumer Affairs–which Read more…
As one of California’s leading law firms representing licensed professionals and healthcare professionals throughout the State, Simas & Associates, Ltd. has and does represent physicians, accountants, contractors, veterinarians, and many other licensed professionals in hundreds of investigations throughout our many years of practice. Because this issue arises frequently, this blog is Read more…
Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take adjudicative action to Read more…
It’s the 3rd Monday in February and depending on where you live you may or may not be celebrating a holiday today. While federal government offices close and the majority of states’ offices do so as well, many businesses make the most of the holiday by offering patriotic-themed sales. Presidents’ Read more…