The Mellor Law Firm, APLC

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

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Dismissal Of Dissolution Cause Of Action Negated Buyout Rights Of Both Corporations And Limited Liability Companies.

July 21, 2015 by

dissolution

Two men each hold a 50 percent interest in numerous corporations and limited liability companies. One of the men, the plaintiff, sued the other, the defendant, for various causes of action alleging misconduct and breach of fiduciary duty. The involuntary dissolution claim seeks the appointment of a receiver to take possession of all of the […]

Filed Under: Appellate Law News, Corporate Law News, Legal News, Procedural Law News Tagged With: § 17707.03 (c), § 2000, § 581(c), 186 Cal.Rptr.3d 198, 235 Cal.App.4th 1474, CCP § 581 (c), Civ.Proc., Civ.Proc. § 581(c), Code of Civil Procedure section 581, Corp. Code § 17707.03 (c), Corp.Code § 2000, Corporations Code, Corporations Code section 17707.03, Corporations Code section 2000, section 17707.03 subdivision (c), section 2000, section 581 subdivision (c), subdivision (c)

Suspended Corporation Could Not Have Its Cake And Eat It Too.

March 19, 2015 by Leave a Comment

After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to […]

Filed Under: Appellate Law News, Corporate Law News, Labor Law News, Legal News, Procedural Law News

Class Action Against Company Over Pension Plan To Go Forward.

February 3, 2015 by Leave a Comment

Class Action

After the value of a manufacturing company’s common stock fell, plaintiffs filed a class action under the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 18] against the company and its board of directors, alleging defendants breached their fiduciary duty under ERISA. The federal district court dismissed the company on the ground it was […]

Filed Under: Business Law News, Corporate Law News, ERISA Law News, Legal News, Ninth Circuit Court of Appeal Law News

New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.

December 31, 2014 by Leave a Comment

Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]

Filed Under: Appellate Law News, Business Law Education, Business Law News, Corporate Law News, Damages Law News, Legal News

Lack Of Capacity Of Limited Partnership & Corporation.

December 29, 2014 by Leave a Comment

Lack Of Capacity

In a California Environmental Quality Act [CEQA] case, plaintiffs, a limited partnership and two corporations voluntarily dismissed the action on May 9, 2013. The trial court awarded the defendant $37,528.14 in costs for preparation of the administrative record. On the appeal of the court’s order to pay costs, there was a motion to dismiss the […]

Filed Under: Appellate Law News, Business Law News, CEQA Law News, Corporate Law News, Legal News, Procedural Law News

Summary Judgment In Favor Of Holding Company Reversed; Trier Of Fact May Infer It Is An Employer.

November 25, 2014 by Leave a Comment

Holding Company

A plaintiff filed a class action on behalf of himself and other certified nursing assistants for unpaid minimum wages and overtime wages. He contends defendant, a holding company with no employees, is the alter ego of a nursing facility where he worked and its “corporate veil should be pierced.” The trial court granted defendant’s motion […]

Filed Under: Appellate Law News, Corporate Law News, Labor Law News, Legal News, Summary Judgment Law News

Under The Religious Freedom Restoration Act, Closely Held Corporations Are Excused From Obamacare’s Contraceptive Mandate.

September 27, 2014 by Leave a Comment

Religious Freedom Restoration Act

The United States Supreme Court was called upon to decide whether the Religious Freedom Restoration Act of 1993 [RFRA] permits the United States Department of Health and Human Services [HHS] to demand that closely held corporations provide health insurance coverage by methods of contraception that violate sincerely held religious beliefs of the companies’ owners. One […]

Filed Under: Corporate Law News, First Amendment Law News, Health Care Law News, Legal News, U.S. Supreme Court

Lawyer Personally Responsible For Law Corporation ’s Debt.

August 25, 2014 by Leave a Comment

Law Corporation

A law corporation obtained a business line of credit from a bank in 1997. The law corporation defaulted on the loan in 2008. The bank brought an action against the law corporation and obtained a judgment against the law corporation. The bank later asked the trial court to add the lawyer as a judgment debtor, […]

Filed Under: Appellate Law News, Corporate Law News, Damages Law News, Debt Collection Law News, Legal News, Procedural Law News

Hospital’s Peer Review Process Meets Whistleblower Laws.

April 18, 2014 by Leave a Comment

Whistleblower

A hospital terminated a doctor’s staff privileges, using its quasi-judicial peer review procedure. In his tort action against the hospital and others, the doctor claimed he was terminated in retaliation for reporting substandard performance by the hospital’s nurses.  Health and Safety Code section 1278.5, declares it is the public policy of California to encourage members of […]

Filed Under: California Supreme Court Law News, Corporate Law News, Employment Law News, Legal News

Trading In Unregistered Stock.

March 11, 2014 by Leave a Comment

The Securities and Exchange Commission disciplined a financial corporation for violating sections 59 and 5(c) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and 77e(c)] which prohibit the sale or offer of sale of a security without filing a registration statement. Petitioners argued to the Ninth Circuit that the brokers’ exemption applied to their […]

Filed Under: Banking Law News, Business Law News, Corporate Law News, Legal News, Ninth Circuit Court of Appeal Law News, Securities Litigation Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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10.0Mark Albert Mellor

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