The Mellor Law Firm, APLC

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

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Right To Repair Act Is Not The Exclusive Remedy In Construction Defect Cases.

April 16, 2014 by Leave a Comment

A construction company built a home, which was purchased from the developer by plaintiff. In her action against the builder and developer, plaintiff alleged the home suffered from numerous construction defects. The trial court granted defendants’ summary adjudication of issues after defendants argued the Right to Repair Act [Civil Code section 895, et seq.] provides the […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Damages Law News, Legal News, Real Estate Education

Homeowner’s Association (HOA) Has Standing To Sue Developers.

February 27, 2014 by Leave a Comment

Partial Payments

The developers of an upscale condominium project entered into a parking license agreement, licensing the use of parking spaces appurtenant to the property “for the benefit of the residential homeowners association,” [HOA] but before the homeowners association actually existed. According to the agreement, the license is “perpetual,” “shall be at no cost,” is “irrevocable” and “the […]

Filed Under: Appellate Law News, Construction Law News, Homeowners' Association (HOA) Law News, Legal News, Procedural Law News

Award Of Private Attorney General Attorney Fees Reversed.

December 28, 2013 by Leave a Comment

In the trial court in a matter concerning a homeowner’s request to build an addition, which had been denied in part by the Coastal Commission, the superior court issued a writ of mandate stating that the Coastal Commission’s findings with respect to a bluff edge were not supported by substantial evidence. Thereafter the trial court awarded […]

Filed Under: Appellate Law News, Attorney's Fees News, Construction Law News, Damages Law News, Legal News

Public/Private Agreements & Attorney Fees.

November 29, 2013 by Leave a Comment

Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]

Filed Under: Appellate Law News, Arbitration Law News, Attorney's Fees News, Construction Law News, Contract Law News, Government Law News, Legal News, Public Entity Law News

Developer Dilemma.

November 16, 2013 by Leave a Comment

As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Easement and Property Rights Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.

September 13, 2013 by Leave a Comment

The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]

Filed Under: Appellate Law News, Banking Law News, Construction Law Education, Construction Law News, Legal News, Real Estate Law News

Right To Repair Act Does Not Eliminate Homeowner’s Common Law Rights.

September 5, 2013 by Leave a Comment

A homeowner purchased a newly constructed home from defendant. A pipe burst, resulting in significant damage. The homeowner’s insurer, plaintiff, paid the expenses and repair costs and then brought an action in subrogation for recovery. The trial court found the subrogation action was time barred under the Right to Repair Act [Civil Code section 895], and […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Legal News, Procedural Law News

Insured Entitled To Have Independent Counsel Representation.

July 25, 2013 by Leave a Comment

Plaintiff hired a contractor to design and build a residence, and later brought an action against the contractor for breach of contract and several other causes of action. The contractor tendered its defense to its insurance company, which company appointed counsel and defended subject to a reservation of rights. The insurer filed a separate declaratory relief […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Insurance Law News, Legal News

Delayed Discovery Rule Waived In Construction Contract.

July 16, 2013 by Leave a Comment

delayed discovery rule

The construction contract executed by the parties included a clause which provided that all causes of action relating to the contract work would accrue from the date of substantial completion of the project, abrogating the delayed discovery rule. The trial court concluded the clause was valid and enforceable, noting that the agreement “was one between sophisticated […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Contract Law News, Legal News, Real Estate Law News

Watch Out For That Nonsettling Party!

June 20, 2013 by Leave a Comment

nonsettling party

In a construction defect case, a homeowners association settled with all but one party, a roofing company. After the settling parties signed the settlement agreement, one of the defendants dismissed its cross-complaint against the nonsettling party, mailing its written notice of dismissal on July 14, 2011. The nonsettling party filed a cost bill on August 2, […]

Filed Under: Appellate Law News, Construction Law News, Legal News, Procedural Law News, Settlement Law News

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Recent News

How to Protect Yourself in a Business Partnership

December 31, 2025 By Mark Mellor

Starting a new venture with a partner is an exciting experience. You have a shared vision, complementary skills, and the drive to build something great together. However, enthusiasm alone isn't enough to sustain a company. A business partnership requires trust, communication, … Read More...

Managing Change Orders Without Derailing Your Construction Project

December 26, 2025 By Mark Mellor

Few construction projects finish exactly as the initial blueprints dictated. Whether it’s a sudden discovery of unstable soil, or a client deciding they want terrazzo floors instead of tile, adjustments are an inevitable part of the building process. These adjustments are handled … Read More...

Top Legal Mistakes to Avoid When Starting an LLC in California

December 2, 2025 By Mark Mellor

Starting an LLC in California is an exciting step for any entrepreneur. You've got your business idea, you're ready to make it official, and you can already picture the success ahead. But here's the reality: many new LLC owners make preventable legal mistakes that can derail … 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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