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 […]
Video: California attorney Mark Mellor on “Mechanic’s Lien Rights”. Important information for homeowners, project managers, or contractors.
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 […]
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 […]
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 […]
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.
A jury calculated economic damages at $1.47 million which included medical expenses, lost earnings, lost retirement benefits and the value of household services, and noneconomic damages for pain, suffering, emotional distress and loss of a spouse’s consortium at $2.5 million. By the time of the separate trial for punitive damages, all but one defendant had […]
If you’re asking “Do I qualify for a Chapter 7 or Chapter 13 bankruptcy?” then watch this video from Attorney Mark Mellor. Contact our bankruptcy attorneys in Palm Desert and throughout Southern California for more information on how to file for bankruptcy.
The California Legislature approved two bills that would help tenants who are on the verge of having their home foreclosed upon remain in their property for a longer period of time. Assembly Bill 2610, sponsored by Nancy Skinner (D-Berkeley), and Senate Bill 1473, sponsored by Loni Hancock (D-Berkeley), will require purchasers of foreclosed homes to […]
Earlier this year, the Court of Appeal overturned the City of Berkeley’s approval of a 6,478-square-foot single-family home with a 3,394 square-foot garage pursuant to a categorical exemption under the California Environment Quality Act (CEQA). On May 23, 2012, the California Supreme Court unanimously granted review of the First Appellate District’s decision in Berkeley Hillside […]