The Mellor Law Firm, APLC

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Discovery Propounded By Judgment Creditor.

March 9, 2016 by

courtroom discovery - inland empire attorney

A judgment creditor of a $47 million judgment, as part of its efforts to enforce the judgment, propounded requests for production of documents pursuant to Code of Civil Procedure section 708.030 and later brought a motion to compel. The trial court granted the motion to compel and the judgment debtor appealed. After deciding it is […]

Filed Under: Appellate Law News, Discovery Law News, Legal News Tagged With: § 708.030, 196 Cal.Rptr.3d 533, 243 Cal.App.4th 741, CCP § 708.030, Civ.Proc., Civ.Proc. § 708.030, Code of Civil Procedure section 708.030, section 708.030

Superior Court Abused Its Discretion In Sanction Order Over Discovery Issue.

February 22, 2016 by

superior court sanction

In a personal injury action, the trial court granted defendant’s Motion in Limine and excluded three of plaintiff’s proposed witnesses as an evidence sanction for failure to respond completely to an interrogatory. Defendant had sent form interrogatory 12.1 asking about witnesses who witnessed “the incident,” and plaintiff responded with the name and address of one witness.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Trial Law News Tagged With: 196 Cal.Rptr.3d 168, 243 Cal.App.4th 269

Disclosure Under Public Records Act Ordered.

February 22, 2016 by

A man who was fired by a school district requested documents under the Public Records Act [Government Code section 6250, et seq.], but the school district refused to produce them. The superior court denied his petition because the man already has the documents. The Court of Appeal agreed with the man’s argument that he seeks production under the Public Records Act so he may release the documents to the public without being subjected to claims of improperly disclosing confidential information.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Public Entity Law News Tagged With: § 6250, 196 Cal.Rptr.3d 223, 243 Cal.App.4th 212, Gov’t.Code § 6250, Government Code section 6250

Shame On The Legal Profession.

January 30, 2016 by

In a breach of contract/breach of fiduciary duty/elder abuse action, a lawyer representing himself threatened opposing counsel with pepper spray and a stun gun at a deposition. When defendants moved for terminating sanctions, the lawyer plaintiff included in his opposition that the trial judge was a “former D.A. currently masquerading as a Superior Court Judge” and was defense counsel’s “pet dog.”

Filed Under: Appellate Law News, Discovery Law News, Legal News, Sanctions Law News Tagged With: 195 Cal.Rptr.3d 868, 242 Cal.App.4th 1265

Even When Privilege Log Is Inadequate, Judicially Forced Waiver Of Privileged Documents Not Authorized.

January 22, 2016 by

Privilege Log

May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Discovery Law News, Legal News Tagged With: 195 Cal.Rptr.3d 694, 242 Cal.App.4th 1116

Saying “No, You Can’t Have The Documents,” Can Be Costly.

January 14, 2016 by

A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.

Filed Under: Appellate Law News, Attorney's Fees News, Discovery Law News, Government Law News, Legal News Tagged With: § 6250, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

Personal Email Account Used For Public Business…Why Does That Sound Familiar? 

December 19, 2015 by

Public Records Act

The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.

Filed Under: Appellate Law News, Discovery Law News, Government Law News, Legal News, Public Entity Law News Tagged With: § 6250, 241 Cal.App.4th 976, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

Pre-Class Certification Discovery To Seek Out A Plaintiff.

December 1, 2015 by

pre-class Discovery

The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.

Filed Under: Appellate Law News, Class Action Law News, Discovery Law News, Legal News Tagged With: § 12900, 193 Cal.Rptr.3d 574, 241 Cal.App.4th 300, Gov.Code, Gov.Code § 12900, Government Code, Government Code section 12900, section 12900

NCAA’s Dirty Laundry To Be Aired In Public.

May 21, 2015 by Leave a Comment

seal the records

A former assistant football coach at the University of Southern California sued the National Collegiate Athletic Association [NCAA] for breach of contract, defamation and other torts after the NCAA issued its report on infractions about whether or not a running back named Reggie Bush received improper benefits while a student. The NCAA filed a motion […]

Filed Under: Appellate Law News, Discovery Law News, Legal News, Procedural Law News

Defendant Waived Arbitration By Propounding Discovery.

March 24, 2015 by Leave a Comment

In a wage and hour case filed as a class action, instead of petitioning for arbitration outright, the employer defendant answered the complaint, asserting the plaintiff’s claims were subject to arbitration. The defendant proceeded to both respond to plaintiff’s discovery and propound discovery of its own. The parties then agreed to stay discovery for the […]

Filed Under: Appellate Law News, Arbitration Law News, Discovery Law News, Legal News, Trial Law News

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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...

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