What happens when a witness you subpoena to testify at your licensing defense hearing does not show up? A subpoena is used to compel attendance at a hearing, and a subpoena duces tecum is used to compel production of documents at any reasonable time and place or at a hearing. Read more…
Simas & Associates, Ltd. recently petitioned for and was awarded the granting of a Petition to Set Aside the Default Revocation of a California Department of Insurance licensed agent. “The grounds for the petition was a lack of notice of the Accusation,” explained Justin Hein, Managing Attorney of Simas & Read more…
When AB 1000 went into effect in January 2014, it was actually the combination of two bills: (1) AB 1000 for direct consumer access to physical therapy, and (2) AB 1003, sponsored by the California Medical Association, to permit professional medical corporations to employ physical therapists. Since 2010, the California Physical Read more…
An “advance fee” is money your client gives you upfront to pay the cost of legal representation. Typically, such payments are called “retainers.” However, unlike true retainers, which are paid to ensure your availability to a client and are therefore earned in full at the time you receive them, advance fees Read more…
Federal law bars anyone who has been convicted of a felony involving dishonesty or breach of trust from willfully engaging in or participating in the business of insurance. It is a criminal offense, found under the the Violent Crime Control and Law Enforcement Act of 1994, Title 18, United States Code, 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…
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…