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Beware of the ABC 309 Hearing

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…

By Steven L. Simas, ago
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Exhaustion of Remedies

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…

By Steven L. Simas, ago
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Waiting Time Penalty

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…

By Steven L. Simas, ago
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What is a Receivership?

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…

By Steven L. Simas, ago