The Mellor Law Firm, APLC

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Okay For Legislature To Ask The People Of California For An Advisory Opinion.

March 7, 2016 by

california Legislature

In Citizens United v. FEC (2010) 558 U.S. 310 [130 S.Ct. 876, 175 L.Ed.2d 753, 22 Fla. L. Weekly Fed. S. 73], (Citizens United), a divided United States Supreme Court invalidated federal election law restrictions on the political speech of corporations, holding that a speaker’s identity as a corporation, as opposed to natural person, could not […]

Filed Under: California Supreme Court Law News, First Amendment Law News, Legal News, Procedural Law News, Voting Rights Law News Tagged With: 130 S.Ct. 876, 175 L.Ed.2d 753, 196 Cal.Rptr.3d 732, 22 Fla. L. Weekly Fed. S. 73, 363 P.3d 628, 558 U.S. 310, 62 Cal.4th 486

Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.

February 2, 2016 by

public property claim

A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.

Filed Under: California Supreme Court Law News, Government Law News, Legal News, Negligence Law News, Public Entity Law News Tagged With: § 830.6, 160 Cal.Rptr.3d 168, 195 Cal.Rptr.3d 773, 218 Cal.App.4th 286, 62 Cal.4th 340, Government Code, Government Code section 830.6, Govt.Code § 830.6, section 830.6

Fresh Organic Food Labeling Action Is Not Preempted.

January 18, 2016 by

organic food labeling legalities - California business attorney

Defendant is a large herb-growing operation with multiple farms throughout California. Most of the farms use conventional growing methods, but one of them uses organic processes. Nonetheless, when it comes time for distribution, defendant packs the conventionally and organically grown herbs in the same packing and labeling facility, processes them together and labels them “Fresh Organic.”

Filed Under: California Supreme Court Law News, Food Law News, Legal News Tagged With: 62 Cal.4th 298

Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda rights

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

Previously We Reported: Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.

November 18, 2015 by

assignment

One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]

Filed Under: California Supreme Court Law News, Insurance Law News, Legal News Tagged With: § 520, 129 Cal.Rptr.2d 828, 146 Cal.Rptr.3d 527, 191 Cal.Rptr.3d 498, 208 Cal.App.4th 1506, 29 Cal.4th 934, 354 P.3d 302, 61 Cal.4th 1175, 62 P.3d 69, Ins.Code, Ins.Code § 520, Insurance Code, Insurance Code section 520, section 520

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

Summary Judgment Reversed By California Supreme Court.

November 3, 2015 by

Summary Judgment

The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]

Filed Under: California Supreme Court Law News, Dangerous Condition on Property, Government Law News, Legal News, Personal Injury Law News, Summary Judgment Law News Tagged With: 190 Cal.Rptr.3d 850, 353 P.3d 773, 61 Cal.4th 1099

Payback To Insurance Company After It’s Ordered To Pay Cumis Counsel To Defend Its Insured, And It Claims Cumis Counsel Padded The Bills.

November 2, 2015 by

Inland Empire insurance attorney

The question tackled by the California Supreme Court here is that after an insurance company is compelled by a court order to provide independent counsel to defend its insured in a third-party action pursuant to San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358 [208 Cal.Rptr. 494], and the insurer […]

Filed Under: California Supreme Court Law News, Insurance Law News, Legal News Tagged With: 190 Cal.Rptr.3d 599, 353 P.3d 319, 61 Cal.4th 988

Once Emergency Lights Activated By Police, A Driver Is Considered Detained.

November 2, 2015 by

A Sheriff’s department received an emergency 911 call, reporting some people were fighting in an alley behind his home. The caller said he could hear screaming and one person had said, “the gun was loaded.” The caller stayed on the line, and shortly thereafter confirmed a squad car had arrived. As an officer drove along […]

Filed Under: California Supreme Court Law News, Criminal Law News, Fourth Amendment Law News, Law Enforcement Law News, Legal News Tagged With: 190 Cal.Rptr.3d 583, 353 P.3d 305, 61 Cal.4th 968

Unconscionability Findings In Arbitration Agreements Still Possible In Other Than Class Action Waivers.

October 27, 2015 by

When the named plaintiff in a class action against a holding company purchased a car, he signed an arbitration agreement which contained a class action waiver. The trial court denied the defendant’s motion to compel arbitration, finding the class waiver unenforceable on the ground the California Legal Remedies Act [CLRA; Civil Code sections 1750-1784] declares the […]

Filed Under: Arbitration Law News, California Supreme Court Law News, Class Action Law News, Legal News Tagged With: §§ 1750-1784, 131 S.Ct. 1740, 179 L.Ed.2d 742, 190 Cal.Rptr.3d 812, 353 P.3d 741, 563 U.S. 333, 61 Cal.4th 899, Civ.Code, Civ.Code §§ 1750-1784, Civil Code, Civil Code sections 1750-1784, sections 1750-1784

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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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