The Mellor Law Firm, APLC

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City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.

February 12, 2016 by

Conditional Use Permit

In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.

Filed Under: Appellate Law News, Construction Law News, Contract Law News, Government Law News, Legal News, Public Entity Law News Tagged With: 196 Cal.Rptr.3d 326, 243 Cal.App.4th 188

Attorney Fees Award Reversed And Remanded For Trial Court To Provide A Specific Explanation For The Award.

February 11, 2016 by

A man was falsely accused of sexual activity and held to answer after a preliminary hearing during which a fabricated lab report was used as evidence. After the charges were dismissed, the man sued a City and a police officer for violation of his civil rights under 42 U.S.C. § 1983. Immediately prior to trial, the parties settled the dispute and the man sought attorney fees in the amount of $1,448,397 based on 2,249.9 hours of compensable attorney hours and costs of $72,255. The trial court awarded $436,807.50 for fees and $23,935.07 for costs.

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Legal News Tagged With: § 1021.5, 196 Cal.Rptr.3d 252, 243 Cal.App.4th 88, 42 U.S.C. § 1983, CCP § 1021.5, Civ.Proc., Civ.Proc. § 1021.5, Code of Civil Procedure section 1021.5, section 1021.5

Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.

February 11, 2016 by

Mental Examination for child plaintiffs

The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.

Filed Under: Appellate Law News, Children Law News, Legal News Tagged With: § 2032.020, 196 Cal.Rptr.3d 317, 243 Cal.App.4th 138, CCP § 2032.020, Civ.Proc., Civ.Proc. § 2032.020, Code of Civil Procedure section 2032.020, section 2032.020

Parents Did Not Include Teenaged Daughter In Insurance Policy On Car Exclusively Driven By Her.

February 9, 2016 by

legal requirements for car Insurance policy

While driving a GMC pickup truck owned by her father, a 17-year-old got into an accident. However, even though the daughter was the only one to drive the pickup, the father had excluded his daughter from insurance coverage in order to save money on premium payments. The daughter’s mother, who is the ex-wife of the father, had insurance on her own vehicles, but not the GMC.

Filed Under: Appellate Law News, Insurance Law News, Legal News Tagged With: 243 Cal.App.4th 29

Pre-Merger Arbitration Agreement Survived Merger.

February 9, 2016 by

In 2000, law firm #1 sent a letter to a lawyer offering him employment; the letter contained an arbitration provision. In 2006, law firm #2, which had subsumed law firm #1 in a merger, and the lawyer signed a termination agreement/resignation letter. Later, the lawyer sued law firm #2 for breach of the termination agreement. Law firm #2 petitioned for arbitration, and the lawyer contended the 2006 termination agreement, which did not contain an arbitration provision, constituted a novation of the offer letter.

Filed Under: Appellate Law News, Arbitration Law News, Contract Law News, Legal News Tagged With: 243 Cal.App.4th 1

Summary Judgment Reversed In Wrongful Termination Action.

February 8, 2016 by

More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act

Filed Under: Appellate Law News, Disability Law News, Discrimination Law News, Legal News, Summary Judgment Law News, Wrongful Termination Law News Tagged With: § 12900, § 335.1, 196 Cal.Rptr.3d 68, 242 Cal.App.4th 1367, Civ.Proc., Civ.Proc. § 335.1, Code of Civil Procedure section 335.1, Govt.Code § 12900, section 335.1

No Age Discrimination By Athletic Club.

January 30, 2016 by

age discrimination by athletic club

An athletic club offers a range of membership levels, providing various privileges at one or more locations. The Young Professional program—at issue in this litigation—offers a reduced-cost membership for individuals ages 18 to 29, in recognition of the reduced financial resources of the under-30 age group. Launched in 2003, the program is offered at all but two of defendant’s facilities, and restricts access hours at two of defendant’s other facilities.

Filed Under: Appellate Law News, Discrimination Law News, Legal News, Summary Judgment Law News Tagged With: § 17200, § 51, 195 Cal.Rptr.3d 706, 242 Cal.App.4th 1386, Bus. & Prof. Code § 17200, Business and Professions Code section 17200, Civ.Code, Civ.Code § 51, Civil Code, Civil Code section 51, section 17200, section 51

Shame On The Legal Profession.

January 30, 2016 by

In a breach of contract/breach of fiduciary duty/elder abuse action, a lawyer representing himself threatened opposing counsel with pepper spray and a stun gun at a deposition. When defendants moved for terminating sanctions, the lawyer plaintiff included in his opposition that the trial judge was a “former D.A. currently masquerading as a Superior Court Judge” and was defense counsel’s “pet dog.”

Filed Under: Appellate Law News, Discovery Law News, Legal News, Sanctions Law News Tagged With: 195 Cal.Rptr.3d 868, 242 Cal.App.4th 1265

Statutory Interpretation.

January 28, 2016 by

statutory interpretation - gavel and handcuffs

The general rule is that statutes, including those clarifying existing law, do not operate retrospectively. In Western Security Bank v. Superior Court (1997) 15 Cal.4th 232 [62 Cal.Rptr.2d 243, 933 P.2d 507], the California Supreme Court held that, despite that general rule, when the Legislature promptly reacts to the emergence of a novel question of statutory interpretation by the courts, “[a]n amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act, where the amendment was adopted soon after the controversy arose concerning the proper interpretation of the statute.”

Filed Under: Appellate Law News, Criminal Law News, Legal News, Procedural Law News Tagged With: 15 Cal.4th 232, 195 Cal.Rptr.3d 568, 242 Cal.App.4th 1255, 62 Cal.Rptr.2d 243, 933 P.2d 507, Penal Code

“One Of These Days, Alice….Pow…Straight To The Moon!,” Ralph Kramden. (but spousal battery is no longer funny . . and no longer tolerated.)

January 28, 2016 by

spousal battery

Indirect touching is sufficient to constitute a battery. A criminal defendant [the hubby] contended there was no indirect touching of his wife because the only thing that happened was that his car collided with another car being driven by his wife.

Filed Under: Appellate Law News, Legal News Tagged With: 195 Cal.Rptr.3d 848, 242 Cal.App.4th 1142

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The Mellor Law Firm, APLC
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Riverside, CA 92506
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10.0Mark Albert Mellor

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