Imagine that you are a licensed professional accused of misconduct by your underlying licensing agency, who now wishes to revoke your license. You retain counsel, attempt to negotiate a stipulated settlement, but the agency’s attorney just will not budge. So, you go to an administrative hearing, kick-butt, put on convincing evidence of rehabilitation and Read more
Two big changes in the Local Rules of Superior Court of California, County of Sacramento will have a big impact on prerogative writs – including writs of mandate – in 2014. First, The Honorable Shelleyanne W. L. Chang has been assigned as a writ judge. Judge Chang had previously handled Law 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
The Administrative Law Section of the Sacramento County Bar Association is having its February luncheon tomorrow at 11:45 AM at Blue Prynt Restaurant and Bar (815 11th Street, Sacramento, California). The topic will be WRITS – Everything You Always Wanted to Know. Special Guests will be the following Judges from the Read more
Exhaustion of remedies is a legal doctrine applied extensively in Administrative Law. “Exhaustion of administrative remedies” requires a person to seek all remedies directly with an agency before a suit will ever be heard by a state or federal court. Once the agency’s own procedures are finished—i.e., filing a petition, Read more
One of the great mysteries of administrative law is how to challenge a decision or action by an administrative agency once the agency has completed the administrative process or refused to act. Whether the agency has completed an administrative hearing or simply refuses to follow one of its legal obligations, Read more
Save the Date! On Wednesday, February 13, the Administrative Law Section of the Sacramento County Bar Association (SCBA) will be hosting a luncheon at Blue Prynt (815 11th Street, Sacramento, CA 95814) about WRITS – Everything You Always Wanted to Know. Special Guests will be the following Judges from the Superior Read more
(This article first appeared in the January/February 2008 issue of the Sacramento Lawyer, the bi-monthly publication of the Sacramento County Bar Association. The article is the copyrighted property of the Sacramento County Bar Association.) This article discusses two of the main tools government and administrative law practitioners use to challenge a Read more