State Bar Defense

Medical Liens

All too often, injured or ill clients lack the insurance and personal resources to pay necessary health care treatment.  In the instance where the injury or illness was caused by a potential actionable claim, medical professionals and health care providers may render services in the event that the professional or Read more…

By Steven L. Simas, ago
Uncategorized

Statutory Cancellation Rights

California consumers have a legal right to immediately cancel contracts under a variety of contractual law theories. Contracts can be terminated for fraud, fraudulent executon (Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839), mistake, undue influence, breach, illegality,nonconformity, and unconscionability.  (Civ. Code §§ 1670.5(a), 1689(b), 1793.2(d), 1793.22(b)). However, in a number Read more…

By Steven L. Simas, ago
Uncategorized

Gov. Brown Signs Bill Increasing Penalties for Improper Designation of California Workers as Independent Contractors

On October 9, 2011, Governor Jerry Brown signed SB 459 which adds section 226.8 to the Labor Code and provides courts, the Labor Commission and Workforce Development Agency (“state”) the authority to issue severe penalties to employers that engage in “willful misclassification” of an individual as an independent contractor. These Read more…

By Steven L. Simas, ago