The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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If You Want To Work Here, Sign This.

June 15, 2012 by Leave a Comment

Carpet installers were told to sign a form contract when they were hired and again during their employment.  The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees.  The forms were in English and the employees […]

Filed Under: Arbitration Law News, Attorney's Fees News, Construction Law Education, Construction Law News, Employment Law News, Legal News

Abuse Of Discretion To Deny Plaintiffs Leave To Amend.

June 15, 2012 by Leave a Comment

In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below.  The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]

Filed Under: Employment Law News, Legal News, Personal Injury Law News

Lease Doesn’t Last Forever.

June 15, 2012 by Leave a Comment

Commercial lease term stated:  “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the lease grants the tenant […]

Filed Under: Legal News, Real Estate Law News

There’s A New Tort In Town.

June 14, 2012 by Leave a Comment

It’s called intentional interference with expected inheritance [IIEI].  Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery.  He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner.  The partner prepared the will and sent a copy of it to […]

Filed Under: Legal News

Don’t Delay Discovery.

June 13, 2012 by Leave a Comment

Two patients were involuntarily held in a county mental institution.  The female patient alleges the male patient sexually assaulted her.  An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open.  Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge […]

Filed Under: Legal News, Personal Injury Law News

Video: Mechanic’s Lien Rights – Construction Attorney Mark Mellor

June 12, 2012 by Leave a Comment

Video: California attorney Mark Mellor on “Mechanic’s Lien Rights”. Important information for homeowners, project managers, or contractors.

Filed Under: Construction Law News

A Deed Of Trust Is Not A Mortgage.

June 12, 2012 by Leave a Comment

Civil Code §2932.5 states:  “Where a power to sell real property is given to a mortgagee . . .[t]he power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.”  Here a deed of trust was assigned but not recorded, and the homeowner lost in the trial court.  Despite […]

Filed Under: Legal News, Real Estate Law News

Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.

June 12, 2012 by Leave a Comment

Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void.  The trial court rejected the argument and the Court of Appeal affirmed, stating:  “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community […]

Filed Under: Family Law News, Legal News

Serves ’em Right! Lawyers To Pay Sanctions For Frivolous Appeal.

June 12, 2012 by Leave a Comment

Plaintiff provided court reporting services to clients of defendants in prior lawsuits.  Defendants claimed the charges were too high.  When the court reporting service sued the lawyers for breach of contract, the lawyers brought a special motion to strike under the anti-SLAPP statute [Civ.Proc. §425.16], which the trial court denied.  The appellate court was not […]

Filed Under: Attorney's Fees News, Legal News

Prejudgment Interest Between Time Court Vacated Arbitration Award And Reinstatement After Appeal.

June 12, 2012 by Leave a Comment

The Court of Appeal concluded prejudgment interest accrued during pendency of an appeal and that the trial court erred in suspending the accrual of interest during the appeal.  Tenzera, Inc. v. Osterman (Cal. App. Second Dist., Div. 3;  April 19, 2012) 205 Cal.App.4th 16.

Filed Under: Appellate Law News, Legal News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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