The Mellor Law Firm, APLC

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

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

March 14, 2016 by

restraining order document - domestic violence

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

home destroyed - 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

courtroom discovery - inland empire attorney

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

work injury claim form - worker's compensation attorney

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

law firm disqualified

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

Strict Time Limits For Court To Rule On Motion To Vacate Judgment.

February 26, 2016 by

Motion To Vacate Judgment

Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.

Filed Under: Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 663a, 197 Cal.Rptr.3d 61, 243 Cal.App.4th 470, CCP § 663a, Civ.Proc., Civ.Proc. § 663a, Code of Civil Procedure section 663a, section 663a

Expansion Of The Doctrine Of Primary Assumption Of The Risk.

February 26, 2016 by

Primary Assumption Of The Risk

Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary […]

Filed Under: Appellate Law News, Assumption of the Risk Law News, Legal News, Negligence Law News Tagged With: 197 Cal.Rptr.3d 51, 243 Cal.App.4th 427, 443 P.2d 561, 69 Cal.2d 108, 70 Cal.Rptr. 97

Superior Court Abused Its Discretion In Sanction Order Over Discovery Issue.

February 22, 2016 by

superior court sanction

In a personal injury action, the trial court granted defendant’s Motion in Limine and excluded three of plaintiff’s proposed witnesses as an evidence sanction for failure to respond completely to an interrogatory. Defendant had sent form interrogatory 12.1 asking about witnesses who witnessed “the incident,” and plaintiff responded with the name and address of one witness.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Trial Law News Tagged With: 196 Cal.Rptr.3d 168, 243 Cal.App.4th 269

Disclosure Under Public Records Act Ordered.

February 22, 2016 by

A man who was fired by a school district requested documents under the Public Records Act [Government Code section 6250, et seq.], but the school district refused to produce them. The superior court denied his petition because the man already has the documents. The Court of Appeal agreed with the man’s argument that he seeks production under the Public Records Act so he may release the documents to the public without being subjected to claims of improperly disclosing confidential information.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Public Entity Law News Tagged With: § 6250, 196 Cal.Rptr.3d 223, 243 Cal.App.4th 212, Gov’t.Code § 6250, Government Code section 6250

Declaration Used To Prove Limited Jurisdiction Case.

February 12, 2016 by

Declaration hearsay evidence

A judgment was entered against a man for unpaid credit card charges in a limited civil case. The man’s original debt was owed to a bank. The bank sold the account to a receivables company. The receivables company assigned the account to plaintiff. The declaration of plaintiff’s custodian of records, with attached bill of sale, assignment and monthly billing statements, was used at trial to prove the debt.

Filed Under: Appellate Law News, Evidentiary Law News, Legal News Tagged With: § 1271, 243 Cal. App. 4th Supp. 1, Evid.Code § 1271, Evidence Code, Evidence Code section 1271, section 1271

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Recent News

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Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

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January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
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