The Mellor Law Firm, APLC

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

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There’s A Difference Between A Waiver Of The Statute Of Limitations And A Tolling Agreement.

October 26, 2012 by Leave a Comment

A producer of a television series entered into a contract for the services of an actor. On May 16, 2002, the lawyer for the actor sent a letter to the lawyer for the production company:  “This letter will confirm our conversation on Wednesday, May 15th in which you courteously agreed that Don Johnson’s time in […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Procedural Law News

Arbitration As An “Inferior Forum.”

October 17, 2012 by Leave a Comment

In a retail sales contract, the plaintiff signed a stack of papers and never saw the arbitration clause. Plaintiff individually and as a class representative, brought an action against the automobile dealership for violating the Consumer Legal Remedies Act [CLRA; Civil Code §1750 et seq.], the Automobile Sales Finance Act [Civil Code §2981 and for […]

Filed Under: Arbitration Law News, Contract Law News, Legal News, Unfair Competition Law §17200 News

City Enjoined From Outsourcing.

October 16, 2012 by Leave a Comment

The plaintiff, a union representing city employees, brought an action against the City for injunctive relief based upon a proposed outsourcing plan and layoff notices sent to over 100 employees. The trial court granted a preliminary injunction enjoining the City from contracting with a private entity for any of the services that are performed by […]

Filed Under: Appellate Law News, Contract Law News, Employment Law News, Legal News, Public Entity Law News

Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.

September 28, 2012 by Leave a Comment

One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]

Filed Under: Appellate Law News, Business Law News, Contract Law News, Insurance Law News, Legal News

Rescue Dog Must Be Returned.

September 26, 2012 by Leave a Comment

Plaintiff is a shelter that rescues animals. Spaying and neutering shelter animals is part of the organization’s mission to reduce the pet overpopulation problem, and is also required by Food and Agriculture Code §30503(a)(1).  A dog named Lilly was placed with defendant, but at the time, Lilly was still too sick to be spayed.  Defendant […]

Filed Under: Animal Law News, Appellate Law News, Business Law News, Contract Law News, Legal News

In California, Some Covenants Not To Compete Are Okay; Some Are Not.

September 22, 2012 by Leave a Comment

Defendant sold his stock in Crave Entertainment Group to Handleman Company. As part of the stock purchase agreement, defendant signed a three-year covenant not to compete.  At the same time, he signed an employment contract with Crave, by then owned by Handleman. The employment agreement contained a one-year covenant not to compete which would become […]

Filed Under: Appellate Law News, Business Law News, Contract Law News, Legal News

Actress, Lisa Kudrow, “Pheobe” On Friends, Was Sued By Her Personal Manager. The Manager’s Expert’s Declaration In Opposition To Kudrow’s Motion For Summary Judgment Raised Questions Of Fact; Summary Judgment Reversed.

September 20, 2012 by Leave a Comment

An entertainer (Lisa Kudrow) terminated the services of her personal manager, and the trial court granted summary judgment in favor of the entertainer after the manager brought a breach of contract action claiming he should continue to receive a percentage of her income pursuant to custom and usage in the industry. The trial judge excluded […]

Filed Under: Appellate Law News, Business Law News, Contract Law News, Entertainment Law News, Legal News, Procedural Law News, Summary Judgment Law News

No Wrongful Termination When Contract Not Renewed.

September 18, 2012 by Leave a Comment

Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief.  The Court of Appeal granted the petition, stating:  “A cause of action for wrongful termination in violation of public policy […]

Filed Under: Appellate Law News, Contract Law News, Employment Law News, Legal News

Hoist By Its Own Petard.

September 10, 2012 by Leave a Comment

In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]

Filed Under: Choice of Law News, Contract Law News, Indemnity Law News, Legal News, Personal Injury Law News, Workers Compensation Law News

Terms On Back Of Unsigned Invoice Unenforceable.

September 4, 2012 by Leave a Comment

C9 delivered helium-filled tanks to SVC in a “rush order” without having SVC sign the invoice.   A boy was injured when one of the tanks fell on him.  Both C9 and SVC settled the claim for the boy’s injuries.  C9 sued SVC for indemnification because on the reverse side of the invoice there was a […]

Filed Under: Contract Law News, Indemnity Law News, Legal 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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Recent Posts

  • Buying Your First House: Here is What You Need to Know About Mortgages
  • Involved in a Construction Accident? Know the Types of Compensation Available
  • Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?
  • Are Verbal Agreements Legally Binding in the Construction Industry?

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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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