The Mellor Law Firm, APLC

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

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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a law firm which had been retained by the construction company in 2006 and never discharged; nor had the law firm ever withdrawn from representing the company.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

Even When Privilege Log Is Inadequate, Judicially Forced Waiver Of Privileged Documents Not Authorized.

January 22, 2016 by

Privilege Log

May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Discovery Law News, Legal News Tagged With: 195 Cal.Rptr.3d 694, 242 Cal.App.4th 1116

Counsel Should Not Have Been Disqualified For Apparent Conflict.

October 27, 2015 by

A lawyer departing from a law firm sued both the firm and a partner in the firm. Both the partner and the firm are represented by the same counsel, and the trial court disqualified that counsel, holding there was a nonwaivable actual conflict. The court concluded the conflict existed because the departing lawyer is a […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Ethics Law News, Legal News Tagged With: 190 Cal.Rptr.3d 644, 239 Cal.App.4th 237

Attorney Disqualification.

June 15, 2015 by

In a writ proceeding, one party petitioned for extraordinary relief after the trial court denied its motion to disqualify the law firm representing the other side. The law firm previously represented another law firm in an attorney fee dispute, and in the present case, represents an expert seeking consulting fees arising out of the same […]

Filed Under: Attorney-Client / Attorney Work Product Law News, Attorney's Fees News, Legal News

Another Limitation Of The Attorney-Client Privilege.

May 20, 2015 by Leave a Comment

This case involves an intersection between two rules involving the attorney-client privilege. One rule is that in a lawsuit between an attorney and a client based on an alleged breach of a duty arising from the attorney-client relationship, attorney-client communications relevant to the breach are not protected by the attorney-client privilege. Another rule is when […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Legal News

Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.

April 1, 2015 by Leave a Comment

Evidentiary Error

During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed.  The appellate court reversed. One of the evidentiary errors found was that the trial […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Evidentiary Law News, Legal News, Procedural Law News, Trial Law News

No Fiduciary Or Current Client Exception To The Attorney-Client Privilege.

February 25, 2015 by Leave a Comment

In 2012, a law firm’s client wrote some nasty emails to the firm about the advice he was being given in a litigation matter. The lawyer within the firm who was handling the matter sought the advice of another lawyer within the firm about the dispute. A few years later, the client brought an action […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Legal News

Demurrer Granted In Legal Malpractice Action Reversed On Appeal.

January 8, 2015 by Leave a Comment

This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required.  The […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Legal News, Malpractice Law News, Trustee Law News

Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.

November 1, 2014 by Leave a Comment

privilege

In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Discovery Law News, Insurance Law News, Legal News

Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.

October 18, 2014 by Leave a Comment

Declaration Based On Information And Belief

Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Discovery Law News, Evidentiary Law News, Legal News, Procedural Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

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

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

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
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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