The trial court approved a condominium developer defendant’s motion for a determination of a good faith settlement, and another defendant filed an appeal from the trial court’s order. The Court of Appeal dismissed, holding the appeal was from a non-appealable interlocutory order. The court noted Civil Code §877.6 permits review by writ of mandate within […]
Petition To Compel Arbitration Denied.
Sales agent for an insurance company, who was part of a collective bargaining agreement which required arbitration, sued the company to receive minimum wage, reimbursement for work-related expenses and prompt payment of earned wages due upon termination, all claims based on various Labor Code statutes. The underlying issue was whether the agent was an employee […]
Prisoner’s First Amendment Rights Violated.
Prisoner at Pelican Bay State Prison attempted to mail a letter to a newspaper through the prison mail system. It argued that certain California prisoners, including him, should be recognized as political prisoners. In the letter, he referred to himself as a “New Afrikan Nationalist Revolutionary Man.” Prison officials confiscated the letter after concluding it […]
General Contractor Successful On Summary Judgment.
Masonry subcontractor worker at construction project stepped onto the rung of a plaster scaffold to gain access so he could lay masonry underneath it. The scaffold was wet. His shoes were muddy. He slipped and was injured. He sued the general contractor alleging his injuries “were caused by [the general contractor’s] negligence in sequencing and […]
A Borrower Is Not A Victim.
A woman failed to make her car payments. The car was repossessed and sold, and the bank hired a debt collector to collect the remainder of what was owed. The debt collector’s letter included the following language: “Please be advised that if you notify my office in writing within 30 days that all or a […]
Summary Judgment Reversed [Feds Had Wrong Address For Search Warrant, By The Way].
DEA agents forced their way into a home under the mistaken belief it was occupied by a drug dealer. Using #*#%#* words, they ordered the parents to the floor. With their guns drawn, they also ordered the sleeping children to the floor. The 14-year-old girl complied, but the 11-year-old girl was frozen in fear. The […]
Attorneys Fail In Argument They Played Only A Passive Role.
Plaintiff, who was the defendant in an underlying action, brought a malicious prosecution action. The trial court dismissed the malicious prosecution action against some of the attorney defendants pursuant to an anti-SLAPP motion to strike [CCP §425.16] and granted attorney fees to them, after they argued they played only a passive role in the underlying […]
Video: How Long Do I Have To File A Mechanic’s Lien In California?
California construction attorney Mark Mellor answers questions about how to file a mechanic’s lien in California. Contact the Mellor Law Firm today at (951) 221-4744.
Two Courts Uphold MERS Rights to Act As An Agent For The Lender
Hawaii Federal Court Upholds MERS’ Interest Rights U.S. District Court Judge for the District of Hawaii upheld the right of Mortgage Electronic Registration Systems, Inc., (MERS) to assign interests in mortgages. MERSCORP Holdings, Inc., is a privately-held corporation that owns and manages the MERS System and all other MERS products. In Pascual v. Aurora Loan […]
5 Things You Need To Know Before Hiring A Real Estate Lawyer
If you’re involved in real estate matters of any kind, chances are you are bound to ask yourself a simple question at some point: “Do I need a real estate lawyer?” Before searching for law firms, please consider the following 5 points before hiring a real estate lawyer. 1. During a real estate transaction, when […]
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