The Mellor Law Firm, APLC

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

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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

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … 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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