The Mellor Law Firm, APLC

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Pre-Class Certification Discovery To Seek Out A Plaintiff.

December 1, 2015 by

pre-class Discovery

The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.

Filed Under: Appellate Law News, Class Action Law News, Discovery Law News, Legal News Tagged With: § 12900, 193 Cal.Rptr.3d 574, 241 Cal.App.4th 300, Gov.Code, Gov.Code § 12900, Government Code, Government Code section 12900, section 12900

Class Action Plaintiffs Prefer State Court; Defendant Drug Company Wants Federal Court. State Court It Is.

October 28, 2015 by

The Class Action Fairness Act [CAFA; 28 U.S.C. § 1332(d); Pub. L. No. 109-2, 119 Stat.4 (2005)] authorizes the removal to federal court of “mass actions,” in which “monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or […]

Filed Under: Class Action Law News, Jurisdictional Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 28 U.S.C. § 1332(d), 796 F.3d 1038, Pub. L. No. 109-2 119 Stat.4

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

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

Death Knell Doctrine Does Not Apply When A PAGA Cause Of Action Remains.

September 9, 2015 by

Death Knell Doctrine

It is well established under California law that an order denying a motion to certify all class claims leaving only the named plaintiff’s individual claims in the trial court is an appealable order under the death knell doctrine, because absent immediate review, the plaintiff would have no financial incentive to pursue his or her case […]

Filed Under: Appellate Law News, Class Action Law News, Legal News, Private Attorney General Act ("PAGA") Law News Tagged With: 189 Cal.Rptr.3d 134, 238 Cal.App.4th 291, Lab.Code § 2698, Labor Code section 2698, Private Attorney General Act of 2004

Denial Of Class Certification Reversed.

June 23, 2015 by

Class Certification

A retail business routinely recorded the zip codes of its customers who used their credit cards for payment. Plaintiff brought a class action, alleging violation of Civil Code section 1747.08, [the Song-Beverly Credit Card Act of 1971], which prohibits merchants from requesting and recording “personal identification information” as part of a credit card transaction. The […]

Filed Under: Appellate Law News, Class Action Law News, Legal News

No Prohibition Of Recording Birth Date Of Person Who Buys Alcohol With A Credit Card.

March 31, 2015 by Leave a Comment

Plaintiff filed a class action for damages under the Credit Card Act [Civil Code section 1747.08], one of the provisions of which prohibits businesses from requesting that cardholders provide personal identification information during credit card transactions. In the present matter, a business recorded the birth date of a customer who purchased alcohol with a credit […]

Filed Under: Appellate Law News, Class Action Law News, General Legal Information Law News, Government Law News, Health and Safety, Legal News

Motion For Class Certification Denied.

March 24, 2015 by Leave a Comment

The trial court denied class certification in a wage and hour case, and the appellate court, finding no abuse of discretion, affirmed. The crux of the analysis was that the employer had express written policies regarding work and meal breaks, but that some managers imposed uncompensated-for duties to be followed by the employees during their […]

Filed Under: Appellate Law News, Class Action Law News, Legal News

Trial Court Erred In Applying The Doctrine Of Substantial Compliance To Consumer Protection Laws.

March 12, 2015 by Leave a Comment

Substantial Compliance

Civil Code section 2987, subdivision (d), subsection (2)(B), requires that lessors of vehicles which have been repossessed give the lessees a notice that contains this statement: “The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the […]

Filed Under: Appellate Law News, Class Action Law News, Consumer Protection Law News, Legal News, Unfair Competition Law §17200 News

Class Decertification Order Affirmed.

March 5, 2015 by Leave a Comment

This is a class action against a healthcare provider. Plaintiffs contend the provider unfairly charges uninsured patients more for emergency services that the fees it accepts from patients covered by private insurance or governmental plans. The trial court first certified, but later decertified the class. In affirming the order decertifying the class, the appellate court […]

Filed Under: Appellate Law News, Class Action Law News, Legal 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
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10.0Mark Albert Mellor

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