The Mellor Law Firm, APLC

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

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3-Year-Old’s Statements To Teachers Not Testimonial & Did Not Implicate Confrontation Clause.

August 25, 2015 by

Confrontation Clause

A 3-year-old boy, who was being cared for by his mother’s boyfriend, went to school with a black eye, belt marks on his back and stomach, and bruises all over his body. The 3-year-old told school teachers the boyfriend inflicted the injuries. When authorities went to the home, the boy’s 18-month-old sister had two black […]

Filed Under: Criminal Law News, Legal News, Sixth Amendment Law News, U.S. Supreme Court Tagged With: 135 S.Ct. 2173, 192 L.Ed.2d 306

All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.

August 19, 2015 by

Discrimination

A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, Employment Law News, Legal News Tagged With: 986 F.2d 1521

Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.

August 4, 2015 by

A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Banking Law News, Criminal Law News, Legal News, Malicious Prosecution Tagged With: 186 Cal.Rptr.3d 887, 236 Cal.App.4th 922

Previously we reported: No Saving Bonds.

July 23, 2015 by

The first few paragraphs of the Ninth Circuit’s opinion explain the setting: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major Leagues. Barry Bonds was a phenomenal baseball player in his own right. […]

Filed Under: Criminal Law News, Legal News, Ninth Circuit Court of Appeal Law News, Procedural Law News, Tax Law News Tagged With: 18 U.S.C.§ 1503, 784 F.3d 582

No Anti-SLAPP Protection For Wrongful Execution Of Warrant.

July 23, 2015 by

Anti-SLAPP

Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors.  She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: § 425.16, 186 Cal.Rptr.3d 286, 236 Cal.App.4th 79, CCP § 425.16, Civ.Proc., Civ.Proc. § 425.16, Code of Civil Procedure section 425.16

White Collar Crime.

July 22, 2015 by

inform

A criminal defendant stood accused of defrauding lenders in a scheme involving submitting false information on loan applications. Witnesses who worked in defendant’s real estate agency cooperated with the government and testified against defendant at trial. A jury found her guilty of conspiracy, bank fraud, mail fraud and wire fraud. After her conviction, defendant found […]

Filed Under: Criminal Law News, Fourth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, Real Estate Law News Tagged With: 10 L.Ed.2d 215, 31 L.Ed.2d 104, 373 U.S. 83, 405 U.S. 150, 784 F.3d 532, 83 S.Ct. 1194, 92 S.Ct. 763

Blanket Enforcement Of Jessica’s Law Hampers Supervision Of Sex Offenders.

June 16, 2015 by

Proposition 83, the Sexual Predator Punishment and Control Act aka Jessica’s Law, was passed by the voters in 2006. Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks.” Petitioners in the present action are registered sex offenders on parole […]

Filed Under: Appellate Law News, Civil Rights Law News, Criminal Law News, Government Law News, Legal News

Limitations Of Psychotherapist/Patient Privilege.

May 15, 2015 by Leave a Comment

A criminal defendant’s step-daughter told her mother defendant had been sexually abusing her for a number of years. After police contacted defendant, he threatened suicide and was admitted to a psychiatric hospital pursuant to Welfare and Institution Code section 5150, for a 72-hour hold. During that hospitalization, defendant told a doctor and a nurse about […]

Filed Under: Appellate Law News, Criminal Law News, Legal News

First Amendment Rights Of Sex Offenders Preserved.

February 18, 2015 by Leave a Comment

Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]

Filed Under: Civil Rights Law News, Criminal Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Pharmacist Loses His License.

January 1, 2015 by Leave a Comment

Plaintiff is a pharmacist who appeals from a judgment denying his petition for writ of mandate in the trial court. His petition sought to overturn a decision by the California State Board of Pharmacy revoking his license to operate a pharmacy. An Accusation was filed by the Board which contended the pharmacy unlawfully received nearly […]

Filed Under: Administrative Law News, Appellate Law News, Criminal Law News, Legal News, Licensing Law News

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Recent News

5 Questions to Ask Before Hiring a Real Estate Lawyer

June 6, 2022 By Mark Mellor

Are you in the process of buying or selling a home? If so, then you may need to hire a real estate lawyer. While there are many lawyers who practice real estate law, not all of them are created equal. You need to find one that has the experience and qualifications that you … Read More...

Legal Options for Bankruptcy

May 31, 2022 By Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for … Read More...

Are You Dealing With a Breach of Contract?

May 17, 2022 By Mark Mellor

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...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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Fax: (951) 222-2122
10.0Mark Albert Mellor

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