The Mellor Law Firm, APLC

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

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Trial Court Erred In Not Granting Rescission To Buyer Or Real Property.

August 31, 2015 by

Rescission

Plaintiffs bought a multimillion-dollar hillside home, and several months later, they discovered they were not connected to the City’s sewer system. Believing they were deceived, they brought an action against the sellers and the real estate agents who brokered the sale alleging various causes of action, including rescission. After the real estate agents settled for […]

Filed Under: Appellate Law News, Contract Law News, Damages Law News, Legal News, Real Estate Law News Tagged With: 188 Cal.Rptr.3d 674, 237 Cal.App.4th 1375

Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.

August 29, 2015 by

The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part:  “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Procedural Law News, Settlement Law News Tagged With: 188 Cal.Rptr.3d 844, 237 Cal.App.4th 1342

Real Estate Agents’ Agreement To Share Commissions.

June 12, 2015 by

Commissions

The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s demurrer without leave to amend, relying on defendant’s contention that Business and Professions Code section 10137 […]

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

Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.

June 5, 2015 by

Intentional Interference With Prospective Economic Advantage

Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1771. During a three-year period, defendant outbid plaintiffs on 23 public works projects totaling more than $14.6 million. Citing Korea Supply […]

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

Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.

June 2, 2015 by Leave a Comment

Release

A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Negligence Law News, Personal Injury Law News, Product Liability Law News, Summary Judgment Law News

“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.

May 12, 2015 by Leave a Comment

arbitration

With regard to the purchase of additional land by a country club, members were given the option of paying a lump sum or making payments over a period of years. After some time, there was a dispute over the club’s treatment of that obligation vis-à-vis new members. Four members brought suit against the club, and […]

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

“No Good Deed Goes Unpunished:” Clare Boothe Luce.

March 30, 2015 by Leave a Comment

economic loss rule

A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]

Filed Under: Appellate Law News, Construction Law News, Contract Law News, Damages Law News, Legal News, Procedural Law News, Tort Law News

No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.

March 20, 2015 by Leave a Comment

In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]

Filed Under: Appellate Law News, Contract Law News, Internet Law News, Legal News, Procedural Law News, Social Media Law News

“I Think I’ll Sue My Client For Fees.”

February 13, 2015 by Leave a Comment

A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]

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

Danger In Fun: Assumption Of The Risk.

February 7, 2015 by Leave a Comment

assumption of the risk

Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]

Filed Under: Appellate Law News, Assumption of the Risk Law News, Contract Law News, Legal News, Negligence Law News, Personal Injury Law News

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Recent News

Are You Dealing with a Homeowner Construction Issue?

August 2, 2022 By Mark Mellor

Homeowner construction flaws and unforeseen shortcomings can quickly become complex and difficult to manage. With the amount of work involved in the construction process, there's a high potential for errors to occur at any stage. If something goes wrong, it can be hard to know … Read More...

How Does Foreclosure Work?

July 26, 2022 By Mark Mellor

The rate of foreclosures for May 2022 in the US was about 1 out of every 4,500 houses. The first step in the foreclosure process is usually a notice of default from your lender. This notice means that you have fallen behind on your mortgage payments, and will state how much you … Read More...

Legal Options for Foreclosure

June 30, 2022 By Mark Mellor

Are you behind on your mortgage payments and facing foreclosure? Do you not know what to do or where to turn? You are not alone. Millions of Americans each year find themselves in the same situation. Foreclosure can be a very frightening process, but you have legal options. Learn … 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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