The Mellor Law Firm, APLC

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

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Employers May Not Average Commission Payments Over Certain Pay Periods.

September 26, 2014 by Leave a Comment

Plaintiff is a commissioned salesperson who received biweekly paychecks, which included hourly wages in every pay period and commission wages approximated every other pay period. After plaintiff’s wage and hour action against her employer was removed to federal court and made it to the appeal stage, the Ninth Circuit requested the California Supreme Court to […]

Filed Under: California Supreme Court Law News, Employment Law News, Legal News

Duty Of Care Extends To Architects.

September 25, 2014 by Leave a Comment

A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]

Filed Under: California Supreme Court Law News, Construction Law Education, Construction Law News, Legal News, Real Estate Education

Good Faith Error Does Not Disqualify For Unemployment Benefits.

September 25, 2014 by Leave a Comment

An employee refused to sign a written disciplinary notice because he disputed the factual allegations in it and because he thought he was entitled to consult with his union representative first. The only question before the California Supreme Court was “whether the single act of disobedience constituted misconduct within the meaning of California’s Unemployment Insurance […]

Filed Under: California Supreme Court Law News, Employment Law News, Legal News

After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.

September 17, 2014 by Leave a Comment

After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]

Filed Under: California Fair Employment and Housing Act -- FEHA Law News, California Supreme Court Law News, Employment Law News, Legal News

No Common Law Duty For Businesses To Have Defibrillators Available.

September 3, 2014 by Leave a Comment

minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care that it owed to business customers by failing to have on hand within […]

Filed Under: California Supreme Court Law News, Legal News, Negligence Law News, Personal Injury Law News

Previously We Reported: Newspaper Entitled To Names Of Officers Records Involved In Shooting. Affirmed By California Supreme Court.

August 18, 2014 by Leave a Comment

Records

The Los Angeles Times made a request under California’s Public Records Act [Government Code section 6250] seeking the names of police officers involved in a December 2010 officer involved shooting in Long Beach as well as the names of officers involved in all shootings over the previous five years.  The City initially said it intended […]

Filed Under: California Supreme Court Law News, Discovery Law News, Legal News, Privacy Law News

Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).

August 15, 2014 by Leave a Comment

A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]

Filed Under: California Supreme Court Law News, Criminal Law News, Evidentiary Law News, General Legal Information Law News, Government Law News, Legal News, Procedural Law News

No Duty To Defend In Disparagement Case.

August 14, 2014 by Leave a Comment

Duty To Defend

An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held:  “We […]

Filed Under: California Supreme Court Law News, Insurance Law News, Intellectual Property News, Legal News, Patent Law News, Tort Law News, Trademark Law News

Life Insurance Policy In Dissolution Of Marriage Proceeding.

July 16, 2014 by Leave a Comment

Life Insurance Policy

During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]

Filed Under: California Supreme Court Law News, Divorce Law News, Evidentiary Law News, Family Law News, Insurance Law News, Legal News, Procedural Law News

Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.

July 8, 2014 by Leave a Comment

Duty Of Care

A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]

Filed Under: California Supreme Court Law News, Construction Law Education, Construction Law News, Contract Law News, Legal News

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … 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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