The Mellor Law Firm, APLC

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

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5 Ways to Prepare for Commercial Litigation

September 17, 2018 by Mark Mellor

When businesses have disagreements or face excessive challenges with employees or customers that go beyond what the company can handle internally, commercial litigation often becomes a course of action that business owners must face. It’s a necessary and important process to take because the point of commercial litigation is to resolve business-related disputes, such as […]

Filed Under: Short Sale News

The Definitive Guide to Mechanic’s Liens in California

July 31, 2018 by Mark Mellor

  Despite its name, a mechanic’s lien is generally utilized by any supplier, contractor, laborer, and/or subcontractor. If you worked on someone’s home, for instance, and were not paid, you can then file a mechanic’s lien. This is essentially a “hold” against the business, commercial, or homeowner’s property. Although this can result in foreclosure if […]

Filed Under: Construction Law Education, Construction Law News Tagged With: Civ.Code § 8400

Your Next Steps After a Construction Accident

July 31, 2018 by Mark Mellor

If you work in construction, your chances of suffering an accident are high, particularly in comparison with other industries. Of the 5,190 workers killed while on the job in 2017, 21.1% were in construction. Many more workers are hurt each day. If you are injured in a construction accident, you have options, but you will […]

Filed Under: Construction Law Education

Restrictions On Commercial Speech Regarding Alcoholic Beverages To Be Reconsidered Under Strict Judicial Scrutiny In Light Of First Amendment.

March 25, 2016 by

During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in various social evils.

Filed Under: Advertising/Billboard Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: § 25503(f), § 25503(g), § 25503(h), 810 F.3d 638, 830 F.2d 957, Business and Professions Code section 25503(f), Business and Professions Code section 25503(g), Business and Professions Code section 25503(h)

Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.

March 14, 2016 by

The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court stated: “In this case, the testimony that the trial court did permit […]

Filed Under: Appellate Law News, Criminal Law News, Divorce Law News, Legal News Tagged With: 196 Cal.Rptr.3d 816, 243 Cal.App.4th 816

Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.

March 11, 2016 by

Burden Of Proof

In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important or predominant cause is a covered risk. (CACI No. 2306.) Defendant instead proposed a special jury instruction placing on plaintiff the burden of proving the collapse of the house was “caused only by one or more” of the perils listed in the policy, and that there was no coverage if the cause of the collapse involved any peril other than those listed.

Filed Under: Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News Tagged With: 197 Cal.Rptr.3d 195, 243 Cal.App.4th 779, CACI No. 2306

Discovery Propounded By Judgment Creditor.

March 9, 2016 by

A judgment creditor of a $47 million judgment, as part of its efforts to enforce the judgment, propounded requests for production of documents pursuant to Code of Civil Procedure section 708.030 and later brought a motion to compel. The trial court granted the motion to compel and the judgment debtor appealed. After deciding it is […]

Filed Under: Appellate Law News, Discovery Law News, Legal News Tagged With: § 708.030, 196 Cal.Rptr.3d 533, 243 Cal.App.4th 741, CCP § 708.030, Civ.Proc., Civ.Proc. § 708.030, Code of Civil Procedure section 708.030, section 708.030

Bean Counter Worker’s Compensation Doctor Never Sees Patient About Whose Care He Dictates.

March 9, 2016 by

A worker’s compensation doctor provided a man with a psychotropic medication. Another doctor, an anesthesiologist, who had never seen the patient, determined the drug was unnecessary and decertified it for use. Typically a person gradually withdraws from the drug, but in the present case, it was suddenly stopped and the man suffered four seizures, resulting […]

Filed Under: Appellate Law News, Legal News, Workers Compensation Law News Tagged With: 196 Cal.Rptr.3d 696, 243 Cal.App.4th 685

Law Firm Automatically Disqualified.

March 7, 2016 by

One shareholder sued another shareholder and a small construction firm over a dispute in the operation of the construction firm. Defendant was represented in the suit by a law firm which had been retained by the construction company in 2006 and never discharged; nor had the law firm ever withdrawn from representing the company.

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Legal News, Procedural Law News Tagged With: 196 Cal.Rptr.3d 662, 243 Cal.App.4th 602

Okay For Legislature To Ask The People Of California For An Advisory Opinion.

March 7, 2016 by

Legislature

In Citizens United v. FEC (2010) 558 U.S. 310 [130 S.Ct. 876, 175 L.Ed.2d 753, 22 Fla. L. Weekly Fed. S. 73], (Citizens United), a divided United States Supreme Court invalidated federal election law restrictions on the political speech of corporations, holding that a speaker’s identity as a corporation, as opposed to natural person, could not […]

Filed Under: California Supreme Court Law News, First Amendment Law News, Legal News, Procedural Law News, Voting Rights Law News Tagged With: 130 S.Ct. 876, 175 L.Ed.2d 753, 196 Cal.Rptr.3d 732, 22 Fla. L. Weekly Fed. S. 73, 363 P.3d 628, 558 U.S. 310, 62 Cal.4th 486

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Recent News

When Do I Need a Real Estate Lawyer?

January 14, 2019 By Mark Mellor

When you buy or sell real estate, you'll likely hear, "You should get an attorney." There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid … Read More...

New Laws In 2019 For Real Estate Disclosures In California

December 28, 2018 By Mark Mellor

Assembly Bill (AB) 1289 recently made several changes to real estate disclosure requirements. These changes are effective January 1, 2019. One decidedly positive change the new law has made is to move legislative language away from the more antiquated terms, “selling agent” … Read More...

What You Need to Know About Construction Defect Litigation

December 24, 2018 By Mark Mellor

When there is a defect in the material, workmanship or design of a building, it can bring about liability issues and costly expenses. These building flaws are known as construction defects, and they can endanger people's lives if the factors causing these defects are left … 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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