The Mellor Law Firm, APLC

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Attorney Fees Award Reversed And Remanded For Trial Court To Provide A Specific Explanation For The Award.

February 11, 2016 by

A man was falsely accused of sexual activity and held to answer after a preliminary hearing during which a fabricated lab report was used as evidence. After the charges were dismissed, the man sued a City and a police officer for violation of his civil rights under 42 U.S.C. § 1983. Immediately prior to trial, the parties settled the dispute and the man sought attorney fees in the amount of $1,448,397 based on 2,249.9 hours of compensable attorney hours and costs of $72,255. The trial court awarded $436,807.50 for fees and $23,935.07 for costs.

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Legal News Tagged With: § 1021.5, 196 Cal.Rptr.3d 252, 243 Cal.App.4th 88, 42 U.S.C. § 1983, CCP § 1021.5, Civ.Proc., Civ.Proc. § 1021.5, Code of Civil Procedure section 1021.5, section 1021.5

“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.

December 31, 2015 by

terminating sanctions

The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Divorce Law News, Family Law News, Legal News, Sanctions Law News Tagged With: § 2030, § 271, 242 Cal.App.4th 529, Fam.Code § 2030, Fam.Code § 271, Family Code section 2030, Family Code section 271, section 2030, section 271

Proving And Defending Against The Cost Of Health Care. 

December 19, 2015 by

medical expenses

In a personal injury case, a jury found defendant negligent and awarded $261,713.71 for past medical expenses. Plaintiff had no medical insurance, and her medical providers rendered service to her on a lien basis. However, a third party purchased the lien for a discounted amount, although plaintiff remained liable for the total amount.

Filed Under: Appellate Law News, Damages Law News, Evidentiary Law News, Legal News, Personal Injury Law News Tagged With: § 352, 241 Cal.App.4th 996, Evid.Code § 352, Evidence Code, Evidence Code section 352, section 352

Default Judgment Void & Statement Of Damages Rejected In Non-P.I. Default.

December 17, 2015 by

After a business relationship went south, plaintiff filed a complaint for damages in 2004. The prayer was for general and special damages according to proof. Default was entered in 2005. A statement of damages alleging damages for over $2 million was filed and served, and at the prove-up hearing, the trial court awarded almost that much.

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News Tagged With: § 425.11, § 425.115, § 580, 241 Cal.App.4th 963, Civ.Proc., Civ.Proc. § 425.11, Civ.Proc. § 425.115, Civ.Proc. § 580, Code of Civil Procedure section 425.115, Code of Civil Procedure section 580, section 425.11, section 425.115, section 580

$32,500,000 Punitive Damages Award Reversed.

October 28, 2015 by

Plaintiffs are the survivors and the estate of a decedent who suffered from mesothelioma as a result of his exposure to asbestos. The jury awarded various amounts to the survivors and the estate, and also awarded the estate $32,500,000 in punitive damages. With regard to the testimony about defendant Borg-Warner Morse TEC INC’s [BWMT] financial […]

Filed Under: Appellate Law News, Damages Law News, Evidentiary Law News, Legal News Tagged With: 191 Cal.Rptr.3d 263, 239 Cal.App.4th 165, 500

$3,751,969 Personal Injury Verdict Affirmed.

September 25, 2015 by

In a special verdict, a jury found two defendant motorists were negligent but concluded only one of them was a substantial factor is causing injuries to a bicyclist on a sidewalk. Thus, only one of the defendants was held responsible for plaintiff’s personal injury verdict of $3,751,969 in damages. On appeal the defendant who was […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Personal Injury Law News Tagged With: 188 Cal.Rptr.3d 820, 237 Cal.App.4th 1311, 751, 969 Personal Injury Verdict Affirmed

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

Statement Of Damages Doesn’t Count When It’s Not An Action For Personal Injury Or Wrongful Death.

August 4, 2015 by

Plaintiff sued for retaliation in violation of various Labor Code statutes. The complaint, itself specified only a civil penalty of $10,000 but did not otherwise specify the amount of damages. On the other hand, the statement of damages prayed for many zeroes. A default judgment for $129,673.48 plus costs and attorney fees was entered against […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News Tagged With: 187 Cal.Rptr.3d 227, 236 Cal.App.4th 742

Penalties Not Elements Of Causes Of Action That Need To Be Proven To Prevail On Summary Judgment.

June 23, 2015 by

Penalties

The City of Los Angeles sought an abatement of a public nuisance against operators of medical marijuana clinics who were violating the law. One of the remedies sought by the City was an award of civil penalties. The trial court denied the City’s motion for summary judgment and summary adjudication, basing its ruling on its […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News, Summary Judgment Law News

Pyrrhic Victory Against Nursing Facility.

June 9, 2015 by

In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful […]

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

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … 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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