Most licensees when facing license discipline are concerned about the direct and immediate consequences. In particular, when a physician faces an accusation by the Medical Board of California, their primary concern is their continued ability to practice. And that is completely reasonable and understandable. However, the lure of certainty in Read more…
California law requires all licensing agencies to issue Disciplinary Guidelines. (Business and Professions Code, sections 481, 482.) These Disciplinary Guidelines are similar to Sentencing Guidelines in criminal law. They provide for the proposed terms of license discipline and the probation that the licensing agency deems appropriate for particular violations of Read more…
A plurality of our law firm’s work comes in the form of defending professional licensees from licensing agency discipline. This entails the administrative hearing process, which typically leads to a hearing of varying length before the Office of Administrative Hearings. But only if a settlement cannot be negotiated and agreed to before the Read more…
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…
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…
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…
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…
Labor Code § 203 governs “Waiting Time” penalties in the state of California. This penalty is assessed when an employer fails to timely pay an employee all wages accrued upon termination or after resignation of his or her employment. California courts have a long history of strictly enforcing the waiting Read more…
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…