The Mellor Law Firm, APLC

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

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“Guilt Has Very Quick Ears To An Accusation.” Henry Fielding.

December 4, 2014 by Leave a Comment

failing to disclose

After a man was bound over for trial and in police custody, detectives became aware that additional demand-note robberies, perpetrated with the same distinctive modus operandi as those for which the man was being held, had occurred in the same part of Los Angeles. The detectives never disclosed the true state of affairs, and, instead […]

Filed Under: Civil Rights Law News, Constitutional Law News, Criminal Law News, Legal News

I ♥ Boobies Bracelets Not Lewd.

May 14, 2014 by Leave a Comment

Middle school kids wore bracelets to school that said, “I ♥ boobies (KEEP A BREAST)” as part of a nationally recognized breast cancer awareness campaign.  The school district banned the bracelets, relying on Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675, [106 S.Ct. 3159, 92 L.Ed.2d 549],which held that a school district […]

Filed Under: Children Law News, Constitutional Law News, First Amendment Law News, Legal News, U.S. Supreme Court

Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.

May 12, 2014 by Leave a Comment

As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]

Filed Under: Constitutional Law News, Eighth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, Trial Law News

Sad State Of First Amendment Affairs.

May 3, 2014 by Leave a Comment

First Amendment

In past years, a high school saw violence on Cinco de Mayo when “Mexican students had been walking around with the Mexican flag,” and other students “hung a makeshift American flag on one of the trees on campus.”  In 2010, during a break, a group of Mexican students asked the assistant principal “why the Caucasian […]

Filed Under: Children Law News, Constitutional Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal 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

Rick’s Rights Under The First Amendment.

February 14, 2014 by Leave a Comment

Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]

Filed Under: Appellate Law News, Constitutional Law News, Criminal Law News, First Amendment Law News, Intellectual Property News, Legal News

Anti-SLAPP Comments On Newspaper’s Website.

December 24, 2013 by Leave a Comment

A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information.  We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Constitutional Law News, First Amendment Law News, Legal News, Procedural Law News

Due Process Lacking In Gang Injunctions.

December 23, 2013 by Leave a Comment

due process

Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]

Filed Under: Constitutional Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News, Procedural Law News

Unlawful Prior Restraint.

December 19, 2013 by Leave a Comment

The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might […]

Filed Under: Appellate Law News, California Supreme Court Law News, Constitutional Law News, First Amendment Law News, Legal News

Fundamental Fairness And Your Tax Dollars At Work.

December 11, 2013 by Leave a Comment

Undercover agent met with defendants with a story he was a cocaine courier who transported drugs for a group of Mexican drug dealers and was unhappy with the pay he was receiving. He said he was interested in robbing those Mexican drug dealers as retribution for his low pay. He recruited defendants to carry out an […]

Filed Under: Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

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Recent News

Buying Your First House: Here is What You Need to Know About Mortgages

August 15, 2023 By Mark Mellor

Congratulations! You're ready to take the leap into homeownership, an exciting journey that begins with understanding mortgages. A mortgage is a loan provided by a lender that helps you to buy a house. You repay this loan, with interest, over a specified period. Let's dive … Read More...

Involved in a Construction Accident? Know the Types of Compensation Available

August 8, 2023 By Mark Mellor

Construction sites are bustling with activity, but amidst the organized chaos, accidents can occur, leading to severe consequences for those involved. Construction accidents can result in devastating injuries, significant medical bills, lost wages, and emotional trauma. If you … Read More...

Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?

July 5, 2023 By Mark Mellor

When it comes to buying a home, transparency is crucial. In the real estate world, sellers have a legal duty to provide buyers with written disclosures that outline any known defects or material facts about the property. These disclosures are designed to protect buyers and ensure … 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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