The Mellor Law Firm, APLC

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Nonsuit In Underlying Case Paves Some Of The Way Toward A Malicious Prosecution Action.

December 14, 2015 by

The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute

Filed Under: Anti-SLAPP Law News, Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 425.16, 193 Cal.Rptr.3d 912, 241 Cal.App.4th 861, CCP § 425.16, Civ.Proc. § 425.16, Code of Civil Procedure section 425.16, section 425.16

Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.

August 24, 2015 by

SLAPPback

Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Legal News, Malicious Prosecution, Procedural Law News Tagged With: § 425.18, § 904.1(a)(13), 188 Cal.Rptr.3d 729, 237 Cal.App.4th 1065, CCP § 425.18, CCP § 904.1(a)(13), Civ.Proc., Civ.Proc. § 425.18, Civ.Proc. § 904.1(a)(13), Code of Civil Procedure section 425.18, Code of Civil Procedure section 904.1(a)(13), section 425.18, section 904.1(a)(13), subdivision (a), subsection (13)

Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.

August 4, 2015 by

A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Banking Law News, Criminal Law News, Legal News, Malicious Prosecution Tagged With: 186 Cal.Rptr.3d 887, 236 Cal.App.4th 922

No Anti-SLAPP Protection For Wrongful Execution Of Warrant.

July 23, 2015 by

Anti-SLAPP

Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors.  She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: § 425.16, 186 Cal.Rptr.3d 286, 236 Cal.App.4th 79, CCP § 425.16, Civ.Proc., Civ.Proc. § 425.16, Code of Civil Procedure section 425.16

Not Protected Activity Under Anti-SLAPP Statute.

June 25, 2015 by

A doctor brought an action against a hospital alleging both race and gender discrimination in several ways in different causes of action. The trial court granted the hospital’s anti-SLAPP motion, and the doctor appealed. The appellate court, while recognizing the hospital’s peer review process was involved in the doctor’s termination, reversed with regard to the […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Discrimination Law News, Emotional Distress Law News, Legal News, Tort Law News

Attorney Fees Incurred To Enforce A Judgment For Attorney Fees Obtained Under Anti-SLAPP Statute Recoverable As Costs.

June 24, 2015 by

anti-SLAPP attorney fee award

The trial court denied a request for attorney fees incurred in enforcing a judgment for fees awarded for the successful defense of a SLAPP suit [Strategic Litigation Against Public Participation; Code of Civil Procedure section 425.16].  On appeal, the losing party argued she was entitled to a fee award pursuant to Code of Civil Procedure […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Attorney's Fees News, Legal News

Fee Dispute Not Elevated To The Constitutional Arena.

March 5, 2015 by Leave a Comment

Both parties are lawyers.  The defendant first represented a man in a personal injury lawsuit. When defendant withdrew from representation, plaintiff represented the man. Defendant asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds was subject to a lien for defendant’s fees. Plaintiff negotiated […]

Filed Under: Anti-SLAPP Law News, Constitutional Law News, Legal News

Trial Court Properly Denied Anti-SLAPP Motion Of Lawyers.

January 12, 2015 by Leave a Comment

Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Attorney's Fees News, Legal News, Settlement Law News, Workers Compensation Law News

Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.

January 2, 2015 by Leave a Comment

CLRA

A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Consumer Protection Law News, Damages Law News, Health Care Law News, Legal News, Procedural Law News

Attorney Fees Incurred By Law Firm, Redux.

December 24, 2014 by Leave a Comment

Lawyers sued client for fees.  Client cross-complained. Lawyers brought anti-SLAPP motion to strike cross-complaint. (Code of Civil Procedure section 425.16.) The trial court granted the motion to strike and awarded attorney fees to the lawyers. The appellate court, relying on case law holding attorneys may not recover fees for self-representation, reversed the award of fees […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Attorney's Fees News, Legal News

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Recent News

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Dealing With A Contract Breach? These Are The First Steps You Need To Take

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Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

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April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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