A receiver is an unbiased third party appointed by a court to carry its orders into effect. There are a variety of instances where a court might appoint a receiver, but the most significant statutory authority for appointment of receivers, Code of Civil Procedure section 564(b), broadly extends receivership to Read more…
A potentially controversial ruling was rendered by Hon. Raymond Cadei in the Superior Court of California, County of Sacramento on September 6, 2013, that should draw concern for those involved in medical marijuana and cannabis businesses and dispensaries. As you may know, California’s medical cannabis program was established when state Read more…
The effect on the remainder of a statute when certain parts of it are held to be unconstitutional depends on whether the Legislature intended it to be severable. Severability is a contractual concept which permits a contract to survive despite an illegal or unenforceable provision within the contract. The illegal Read more…
Steven L. Simas, owner and founder of Simas & Associates, Ltd., will be presenting today, September 4, 2013, at the Sacramento Valley Paralegal Association (SVPA) and California Alliance of Paralegal Associations (CAPA) MCLE Luncheon/Meeting at 11:30 AM at Casa Garden Restaurant. Here is the flyer for all of the pertinent Read more…
We often read or get passed articles and blog entries relevant to our profession of practicing law. Every once in a while, one of these articles is worthwhile to link to and comment on. This morning, our office found the following entry from The Practice of Law Blog. It is Read more…
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service. This then alleviates the need to track down the party and engage Read more…
Arbitration is a form of alternative dispute resolution, in which disputes are submitted to a neutral arbitrator(s) based on prior agreement between the parties, rather than resolved through litigation. The point and goal of arbitration is to secure an efficient, less formal and less costly method for resolving disputes (compared Read more…
In Muskopf v. Corning Hosp. Dist. (1961) 55 Cal.2d 211, the California Supreme Court abolished governmental immunity. Realizing the potential liability – to be taken from their own pockets – the legislature enacted the comprehensive Government Claims Act almost immediately thereafter. This overturned Muskopf and eliminated all common law or Read more…
As any experienced trial lawyer will tell you, a difficult case can be greatly enhanced by a good deposition performance. Similarly, a slam-dunk case can be jeopardized by a poor one. In short, the time and effort you devote to preparing for your deposition are valuable investments in pursuing or Read more…
Last week, we discussed some of the new labor laws in California which came into effect on January 1, 2013. In this follow-up blog, we detail another set of labor laws that employers should be aware of. Disability Claims Abuses (SB 1186) – SB 1186 is intended to curb a Read more…