The Mellor Law Firm, APLC

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

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Information Sought In Discovery Involves Litigation Strategy.

May 15, 2014 by Leave a Comment

Discovery

The setting is a discovery dispute in a construction defect action.  The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Construction Law News, Discovery Law News, Evidentiary Law News, Legal News

Discovery Of Portions Of Other Patient’s Hospital Records Ordered.

May 2, 2014 by Leave a Comment

Discovery

The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications […]

Filed Under: Appellate Law News, Discovery Law News, Health Care Law News, Legal News, Privacy Law News

Factor At A Discount. Oh, What A Tangled Web We Weave.

April 10, 2014 by Leave a Comment

Factor

A plaintiff was injured in a car accident and treated at first at Kaiser, and later at a surgery center on a “lien basis.” The bill for treatment at the surgery center was between $40,000 and $50,000. On the day of the surgery, the surgery center sold its account receivable and lien to a factor at […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Attorney's Fees News, Damages Law News, Debt Collection Law News, Discovery Law News, Ethics Law News, Legal News, Personal Injury Law News

Courts Don’t Like Discovery Gotcha Tactics.

April 7, 2014 by Leave a Comment

Discovery responses to requests for admissions [RFAs] were served four days late, subsequent to the responding party twice being ignored after requesting a two-week extension to respond. The requesting party moved the trial court to have all 119 RFAs deemed admitted pursuant to Code of Civil Procedure section 2033.280 (b). The court deemed discovery consisting of […]

Filed Under: Appellate Law News, Discovery Law News, Ethics Law News, Legal News, Sanctions Law News

Discovery Abuses: Play Nice Or Pay The Price!

March 22, 2014 by Leave a Comment

discovery abuses

The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]

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

Summary Judgment Reversed Despite Discovery Responses.

March 17, 2014 by Leave a Comment

Defendant moved for summary judgment after plaintiff responded to special interrogatories and requests for production by stating they did not know whether any facts or documents supported various allegations of their complaint. In opposing summary judgment, plaintiffs explained the initial discovery responses were “a mistake” in a declaration. The trial court granted the motion for summary […]

Filed Under: Appellate Law News, Discovery Law News, Legal News, Summary Judgment Law News

Length Of Deposition.

February 27, 2014 by Leave a Comment

Code of Civil Procedure section 2025.290, subdivision (a),  limits the deposition of a witness to “seven hours of total testimony,” but the first sentence of that subdivision says:  “The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other […]

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

Subpoenas Just What The Doctor Ordered.

February 26, 2014 by Leave a Comment

subpoenas

A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor.  As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply.  The superior […]

Filed Under: Appellate Law News, Discovery Law News, Health and Safety, Health Care Law News, Legal News, Privacy Law News

En Banc Opinion Changes Everything. No Fourth Amendment Protection In Hotel Registry Records.

February 14, 2014 by Leave a Comment

Last year, we reported the following: No Fourth Amendment Protection In Hotel Registry Records. A Los Angeles City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable […]

Filed Under: Criminal Law News, Discovery Law News, Fourth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Bar Exam Scores A Matter Of Public Interest.

February 4, 2014 by Leave a Comment

Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]

Filed Under: Administrative Law News, California Supreme Court Law News, Discovery Law News, General Legal Information Law News, Government Law News, Legal News, State Bar 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
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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