The Mellor Law Firm, APLC

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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

Saying “No, You Can’t Have The Documents,” Can Be Costly.

January 14, 2016 by

A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.

Filed Under: Appellate Law News, Attorney's Fees News, Discovery Law News, Government Law News, Legal News Tagged With: § 6250, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.

December 31, 2015 by

terminating sanctions trial court

The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Divorce Law News, Family Law News, Legal News, Sanctions Law News Tagged With: § 2030, § 271, 242 Cal.App.4th 529, Fam.Code § 2030, Fam.Code § 271, Family Code section 2030, Family Code section 271, section 2030, section 271

Attorney Fees In Small Claims Appeal.

December 7, 2015 by

While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith.  In the […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News Tagged With: § 116.780(c), 193 Cal.Rptr.3d 834, 241 Cal.App.4th 583, CCP § 116.530, CCP §§ 116.780(c), Civ.Proc. § 116.530, Civ.Proc. § 116.780(c), Code of Civil Procedure section 116.530, Code of Civil Procedure section 116.780(c), section 116.530, section 116.780(c)

Previously We Reported: Legal Malpractice Statute Of Limitations.

November 17, 2015 by

legal malpractice statute of limitations

Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]

Filed Under: Attorney's Fees News, California Supreme Court Law News, Legal News, Malpractice Law News Tagged With: § 340.6, 191 Cal.Rptr.3d 536, 354 P.3d 334, 61 Cal.4th 1225, CCP § 340.6, Civ.Proc., Civ.Proc. § 340.6, Code of Civil Procedure section 340.6, rule 4-200, section 340.6

Previously we reported: Jury Awarded Lawyer $5,000/Hour For Fees.

November 9, 2015 by admin

An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News Tagged With: 173 Cal.Rptr.3d 266, 18 Cal.3d 660 [134 Cal.Rptr. 815, 190 Cal.Rptr.3d 889, 227 Cal.App.4th 76, 239 Cal.App.4th 707, 557 P.2d 106

Out-Of-State Pro Hac Vice Class Action Lawyer Denied Fees.

September 29, 2015 by

In a class action involving a retailer’s practice of requesting personal information from consumers during credit card transactions, the settlement agreement between the parties provided the retailer would not oppose class counsel’s application for court approval of attorney fees and costs in the amount of $210,000 and payment to plaintiff of an incentive award in […]

Filed Under: Appellate Law News, Attorney's Fees News, Class Action Law News, Legal News, Procedural Law News Tagged With: § 6000, § 6125, 190 Cal.Rptr.3d 337, 238 Cal.App.4th 1251, Bus. & Prof. Code § 6000, Bus. & Prof. Code § 6125, Business & Professions Code section 6000, Business & Professions Code section 6125, California Rules of Court Rule 9.40(b), Rule 9.40(b), section 6000

California Supreme Court Rules On Costs/Attorney Fee Statutory Discrepancies In FEHA Cases.

July 31, 2015 by

Code of Civil Procedure section 1032(b) guarantees prevailing parties in civil litigation awards of the costs expended in the litigation, and Code of Civil Procedure section 1033.5 requires the costs be reasonably necessary to the conduct of the litigation. Government Code section 12965, subdivision (b) provides that in Fair Employment and Housing Act [FEHA; Government […]

Filed Under: Attorney's Fees News, California Supreme Court Law News, Legal News Tagged With: § 1032(b), § 1033.5, § 12900, § 12965 (b), 186 Cal.Rptr.3d 826, 347 P.3d 976, 434 U.S. 412, 54 L.Ed.2d 648, 61 Cal.4th 97, 98 S.Ct. 694, CCP § 1033.5, Civ.Proc. § 1032(b) Civ.Proc. § 1032(b)  CCP § 1032(b), Civ.Proc. § 1033.5, Code of Civil Procedure section 1032(b), Code of Civil Procedure section 1033.5, Government Code, Government Code section 12900, Government Code section 12965 subdivision (b), Govt.Code § 12900, Govt.Code § 12965 (b), section 12900, section 12965, subdivision (b)

Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.

July 28, 2015 by

An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff.  The lawyer had negotiated the settlement on behalf of the client who later died. […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News, Probate Law News, Procedural Law News Tagged With: § 2883, 186 Cal.Rptr.3d 451, 236 Cal.App.4th 329, Civ.Code, Civ.Code § 2883, Civil Code, Civil Code section 2883, section 2883

“It Ain’t Over Till The Fat Lady Sings.” [Maybe Said By Yogi Berra].

June 29, 2015 by

In an action involving a business dispute, one of the causes of action alleged breach of contract, and the contract involved contained a prevailing party attorney fee provision. The trial court dismissed the action based on a forum selection provision, and the plaintiff filed the action in another State. In the dismissed California action, defendant […]

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

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Recent News

5 Questions to Ask Before Hiring a Real Estate Lawyer

June 6, 2022 By Mark Mellor

Are you in the process of buying or selling a home? If so, then you may need to hire a real estate lawyer. While there are many lawyers who practice real estate law, not all of them are created equal. You need to find one that has the experience and qualifications that you … Read More...

Legal Options for Bankruptcy

May 31, 2022 By Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for … Read More...

Are You Dealing With a Breach of Contract?

May 17, 2022 By Mark Mellor

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...

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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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