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 […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: […]
Can A Second Deed of Trust Holder Sue Its Borrower After Foreclosure?
On June 20, 2012, the Fourth District Court of Appeals, Division Three, in Cadlerock Joint Venture, L.P., v. Lobel (Case No. G045936) recently decided a novel question of law. In Cadlerock, the Court asked when a single lender contemporaneously makes two non-purchase money loans secured by two deeds of trust referencing a single real property […]
California Legislature Passes Homeowners’ Bill Of Rights
State lawmakers approved a series of foreclosure relief bills Monday, July 2, 2012, that supporters say will help hundreds of thousands of struggling Californians stay in their homes. The legislation, opposed by banks that in previous years had succeeded in killing similar proposals, is meant to help people at risk of foreclosure stay in their […]
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