The Mellor Law Firm, APLC

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

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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

Robbed By Your Employees…

February 10, 2015 by Leave a Comment

Commercial Code

Robbed By Your Employees…is the name of an article cited by the appellate court in this opinion. In this case, a corporation’s accounting manager stole some of the incoming checks and took them to a check cashing service, forging the signature of a company officer and receiving hard cash. The corporation’s recoupment effort included suing […]

Filed Under: Appellate Law News, Banking Law News, Legal News, Uniform Commercial Code Law News

Investment Rating Service’s Anti-SLAPP Motion Denied.

July 30, 2014 by Leave a Comment

Anti-SLAPP

An investment rating service brought an anti-SLAPP motion [Code of Civil Procedure section 425.16] in an action filed by the California Public Employees Retirement System [CalPERS] for its ratings of three structured investment vehicles [SIVs] which later collapsed and caused billions in losses. The trial court denied the motion. The appellate court affirmed, noting that the […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Banking Law News, Business Law News, Legal News, Procedural Law News

Diversity Issue: A National Bank Is Located Where Its Main Office Is.

June 10, 2014 by Leave a Comment

diversity of citizenship

Plaintiffs, citizens of California, filed an action against a bank in the California superior court. The bank’s main office is in South Dakota and its principal place of business is in California. The bank removed the action to a federal district court, asserting subject matter jurisdiction on the basis of federal questions and diversity of […]

Filed Under: Banking Law News, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News, Procedural Law News

California Has Specific Jurisdiction & Defendant Must Defend Itself Here.

April 21, 2014 by Leave a Comment

Specific Jurisdiction

In an attempt to collect a judgment, a bank sued a New Zealand company for fraudulently transferring and sequestering the debtor’s assets. The trial court granted the New Zealand company’s motion to quash service of summons for lack of personal jurisdiction. On appeal, the appellate court framed the issue as follows: “The primary issue presented is […]

Filed Under: Appellate Law News, Banking Law News, Legal News, Procedural Law News

Eliminating Credit Card Fees Nice Try!

March 17, 2014 by Leave a Comment

A class of credit cardholders brought an action challenging fees, analogizing credit card fees to punitive damages imposed in the tort context, and arguing they were subject to the substantive due process analysis described in BMW of North America, Inc. v. Gore (1996) 517 U.S. 559, [116 S.Ct. 1589, 134 L.Ed.2d 809].  The Ninth Circuit concluded […]

Filed Under: Banking Law News, Constitutional Law News, Consumer Protection Law News, Contract Law News, Debt Collection Law News, Legal News, Ninth Circuit Court of Appeal Law News

Trading In Unregistered Stock.

March 11, 2014 by Leave a Comment

The Securities and Exchange Commission disciplined a financial corporation for violating sections 59 and 5(c) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and 77e(c)] which prohibit the sale or offer of sale of a security without filing a registration statement. Petitioners argued to the Ninth Circuit that the brokers’ exemption applied to their […]

Filed Under: Banking Law News, Business Law News, Corporate Law News, Legal News, Ninth Circuit Court of Appeal Law News, Securities Litigation Law News

An Insurance Policy’s “ Assault Or Battery ” Exclusion And The Meaning Of “ Physical Contact. ”

October 26, 2013 by Leave a Comment

A nightclub dancer suffered severe injuries shortly after she completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. The man was convicted of aggravated mayhem and torture. In the underlying action, the woman sued her employer for inadequate security; it was resolved by a stipulated […]

Filed Under: Banking Law News, Criminal Law News, Insurance Law News, Legal News, Negligence Law News

Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.

September 30, 2013 by Leave a Comment

Letter Of Credit

In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]

Filed Under: Appellate Law News, Attorney's Fees News, Banking Law News, Landlord Tenant Law News, Legal News, Procedural Law News, Real Estate Law News, Uniform Commercial Code Law News

Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.

September 13, 2013 by Leave a Comment

The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]

Filed Under: Appellate Law News, Banking Law News, Construction Law Education, Construction Law News, Legal News, Real Estate Law News

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Recent News

How to Prepare Your Business for a Merger or Acquisition

July 16, 2025 By Mark Mellor

With the 50,000 merger and acquisition (M&A) deals that happened globally in 2024, it is evident that businesses are constantly looking for ways to grow and expand. M&A deals can provide a quick and effective way for companies to enter new markets, acquire new … Read More...

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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Fax: (951) 222-2122
10.0Mark Albert Mellor

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