The Mellor Law Firm, APLC

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

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Developer Dilemma.

November 16, 2013 by Leave a Comment

As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Easement and Property Rights Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.

October 21, 2013 by Leave a Comment

Earth Movements

In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]

Filed Under: Appellate Law News, Construction Law Education, Environmental Law News, Government Law News, Legal News, Real Estate Education, Real Estate Law News

Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.

September 13, 2013 by Leave a Comment

The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]

Filed Under: Appellate Law News, Banking Law News, Construction Law Education, Construction Law News, Legal News, Real Estate Law News

Right To Repair Act Does Not Eliminate Homeowner’s Common Law Rights.

September 5, 2013 by Leave a Comment

A homeowner purchased a newly constructed home from defendant. A pipe burst, resulting in significant damage. The homeowner’s insurer, plaintiff, paid the expenses and repair costs and then brought an action in subrogation for recovery. The trial court found the subrogation action was time barred under the Right to Repair Act [Civil Code section 895], and […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Legal News, Procedural Law News

Development Of Solar Project To Go Forward Despite Williamson Act contract.

August 13, 2013 by Leave a Comment

Solar Panels

A county cancelled a Williamson Act contract [Government Code section 51200] and certified an Environmental Impact Report [EIR] for a proposed solar power plant. The trial court denied a petition for extraordinary relief challenging certification of the EIR and the cancellation of the contracts brought by environmental groups trying to halt the proposed development. Under a […]

Filed Under: Appellate Law News, Construction Law Education, Government Law News, Legal News, Real Estate Education, Real Estate Law News

Insured Entitled To Have Independent Counsel Representation.

July 25, 2013 by Leave a Comment

Plaintiff hired a contractor to design and build a residence, and later brought an action against the contractor for breach of contract and several other causes of action. The contractor tendered its defense to its insurance company, which company appointed counsel and defended subject to a reservation of rights. The insurer filed a separate declaratory relief […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Insurance Law News, Legal News

Delayed Discovery Rule Waived In Construction Contract.

July 16, 2013 by Leave a Comment

delayed discovery rule

The construction contract executed by the parties included a clause which provided that all causes of action relating to the contract work would accrue from the date of substantial completion of the project, abrogating the delayed discovery rule. The trial court concluded the clause was valid and enforceable, noting that the agreement “was one between sophisticated […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Contract Law News, Legal News, Real Estate Law News

Unlicensed General Contractor Required To Disgorge All Compensation For Its Services.

February 26, 2013 by Leave a Comment

Unlicensed General Contractor - Southern California law

A dispute over a construction project went to arbitration. One party argued the unlicensed general contractor was required to disgorge all compensation for services pursuant to Business and Professions Code section 7031, but the arbitrator rejected the argument and found for the unlicensed general contractor. The trial court denied a motion to vacate the award and entered […]

Filed Under: Appellate Law News, Arbitration Law News, Construction Law Education, Construction Law News, Damages Law News, Legal News

Technological Changes Did Not End Design Immunity In Construction

January 23, 2013 by Leave a Comment

construction attorney Riverside CA

Plaintiffs were injured in an accident on a bridge and brought an action for dangerous condition of public property. Defendants argued they enjoyed design immunity, but plaintiffs contended they lost that immunity when they became aware of certain technological changes which made it appropriate to install modifications. The trial court entered judgment in favor the […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Government Law News, Legal News, Real Estate Education, Real Estate Law News

Completed And Accepted Doctrine Applied.

November 26, 2012 by Leave a Comment

Under the “completed and accepted doctrine,” once a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. […]

Filed Under: Appellate Law News, Construction Law Education, Construction 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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