The Mellor Law Firm, APLC

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

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Clerk Of The Court To Execute Escrow Documents.

January 14, 2015 by Leave a Comment

Clerk Of The Court

After the parties agreed to a property purchase, the seller/defendant refused to complete the sale and returned the money the buyer/plaintiff placed in escrow. The buyer brought this action for specific performance. The parties thereafter settled the matter, but once again the seller failed to comply by withholding signature from necessary documents. The trial court […]

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

Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.

January 3, 2015 by Leave a Comment

declaratory relief Administrative Appeal

An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]

Filed Under: Appellate Law News, Arbitration Law News, Business Law News, Class Action Law News, Contract Law News, Employment Law News, Legal News

This Contract Was Definitely Breached…So Was The Sewer Pipe.

December 10, 2014 by Leave a Comment

Contract

Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the […]

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

Competitive Bids Not Required For School District.

December 3, 2014 by Leave a Comment

Competitive Bids

The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]

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

Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.

November 8, 2014 by Leave a Comment

A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]

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

Attorney Stiffed For Contingent Fees Must Sue The Client, Not The Second Attorney For Breach Of Contract, But May Bring Both Client And Second Lawyer Into A Declaratory Relief Action To Set The Reasonable Value Of Services.

October 30, 2014 by Leave a Comment

Plaintiff was the first lawyer to represent two clients in a personal injury case.  Defendant was the second lawyer.  Defendant obtained a settlement payment for the clients which he deposited in his client trust fund account. Plaintiff demanded payment of attorney fees from defendant; when he was unsuccessful, he sued defendant on the theory he […]

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

Arbitration Agreement Not Unconscionable.

October 8, 2014 by Leave a Comment

Plaintiff and defendant entered into an employment contract. One of the provisions stated:  “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]

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

Legal Malpractice Statute Of Limitations.

October 7, 2014 by Leave a Comment

Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Attorney's Fees News, Contract Law News, Legal News, Malpractice Law News

Another Arbitration Provision Found Unconscionable.

August 25, 2014 by Leave a Comment

Defendants brought a petition to compel arbitration based on the following provision in their written agreement with plaintiffs: “If a dispute arises between Home Defender Center and Client regarding Home Defender Center’s actions under this agreement and Client files suit in any court other than small claims court, Home Defender Center will have the right […]

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

Arbitration Agreement Found Unconscionable  [“Nothing in fine print is ever good news.” Andy Rooney].

July 11, 2014 by Leave a Comment

Arbitration Agreement

Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]

Filed Under: Appellate Law News, Arbitration Law News, Business Law News, Contract Law News, Employment Law News, Labor 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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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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