The Mellor Law Firm, APLC

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

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law
    • Foreclosures
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
  • Case Handling
  • Clients
  • Blog
  • Contact

Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.

March 14, 2016 by

restraining order document - domestic violence

The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court stated: “In this case, the testimony that the trial court did permit […]

Filed Under: Appellate Law News, Criminal Law News, Divorce Law News, Legal News Tagged With: 196 Cal.Rptr.3d 816, 243 Cal.App.4th 816

Statutory Interpretation.

January 28, 2016 by

statutory interpretation - gavel and handcuffs

The general rule is that statutes, including those clarifying existing law, do not operate retrospectively. In Western Security Bank v. Superior Court (1997) 15 Cal.4th 232 [62 Cal.Rptr.2d 243, 933 P.2d 507], the California Supreme Court held that, despite that general rule, when the Legislature promptly reacts to the emergence of a novel question of statutory interpretation by the courts, “[a]n amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act, where the amendment was adopted soon after the controversy arose concerning the proper interpretation of the statute.”

Filed Under: Appellate Law News, Criminal Law News, Legal News, Procedural Law News Tagged With: 15 Cal.4th 232, 195 Cal.Rptr.3d 568, 242 Cal.App.4th 1255, 62 Cal.Rptr.2d 243, 933 P.2d 507, Penal Code

“The Habeas Corpus Secures Every Man, Alien Or Citizen, Against Everything Which Is Not Law, Whatever Shape It May Assume.” Thomas Jefferson.

December 29, 2015 by

Habeas Corpus

After the California Department of Corrections and Rehabilitation [CDCR] “validated” a Pelican Bay inmate to be a gang associate of the Mexican Mafia, the inmate challenged the decision by filing a habeas corpus petition.

Filed Under: Appellate Law News, Criminal Law News, Legal News Tagged With: § 3378, 242 Cal.App.4th 299, Cal.Code Regs. § 3378(c)(3)-(4)

Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda rights

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

Condition Of Probation For Juvenile Overbroad.

December 28, 2015 by

Probation for juveniles

A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition […]

Filed Under: Appellate Law News, Children Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: 242 Cal.App.4th 104

“Every Killer You Kill, Never Kills Again” — Bill Maher.

December 24, 2015 by

cruel and unusual punishment

In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.

Filed Under: Criminal Law News, Eighth Amendment Law News, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 806 F.3d 538

Court Abused Its Discretion In Not Renewing Restraining Order.

December 3, 2015 by

renewing restraining order

After a series of violent incidents, the court issued a restraining order to protect petitioner and her family. A few years later, petitioner asked the court to renew the restraining order after she spotted a vehicle outside her home, although petitioner did not know who was driving it. The vehicle was similar to the one the restrained man drives. The trial court declined to renew the restraining order because of lack of evidence.

Filed Under: Appellate Law News, Criminal Law News, Evidentiary Law News, Legal News, Procedural Law News Tagged With: 193 Cal.Rptr.3d 663, 241 Cal.App.4th 550

Once Emergency Lights Activated By Police, A Driver Is Considered Detained.

November 2, 2015 by

A Sheriff’s department received an emergency 911 call, reporting some people were fighting in an alley behind his home. The caller said he could hear screaming and one person had said, “the gun was loaded.” The caller stayed on the line, and shortly thereafter confirmed a squad car had arrived. As an officer drove along […]

Filed Under: California Supreme Court Law News, Criminal Law News, Fourth Amendment Law News, Law Enforcement Law News, Legal News Tagged With: 190 Cal.Rptr.3d 583, 353 P.3d 305, 61 Cal.4th 968

Clemency Or Pulling Strings?

September 11, 2015 by

The son of the former Speaker of the California State Assembly aided in the stabbing and killing of a young man near the campus of San Diego State University in October 2008. He was charged with murder and pled guilty to voluntary manslaughter on the eve of trial, and was sentenced to 16 years in […]

Filed Under: Appellate Law News, Criminal Law News, Government Law News, Legal News Tagged With: 189 Cal.Rptr.3d 234, 238 Cal.App.4th 398

Pork.

September 3, 2015 by

A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, First Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1023

  • 1
  • 2
  • 3
  • …
  • 11
  • Next Page »

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Real Estate
  • Construction Law
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It
  • Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You
  • You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney
  • Top Types of Real Estate Scams in 2022 and What We Can Learn From Them

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

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

The Mellor Law Firm, APLC © 2023. All Rights Reserved.