The Mellor Law Firm, APLC

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Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.

March 11, 2016 by

home destroyed - Burden Of Proof

In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important or predominant cause is a covered risk. (CACI No. 2306.) Defendant instead proposed a special jury instruction placing on plaintiff the burden of proving the collapse of the house was “caused only by one or more” of the perils listed in the policy, and that there was no coverage if the cause of the collapse involved any peril other than those listed.

Filed Under: Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News Tagged With: 197 Cal.Rptr.3d 195, 243 Cal.App.4th 779, CACI No. 2306

Declaration Used To Prove Limited Jurisdiction Case.

February 12, 2016 by

Declaration hearsay evidence

A judgment was entered against a man for unpaid credit card charges in a limited civil case. The man’s original debt was owed to a bank. The bank sold the account to a receivables company. The receivables company assigned the account to plaintiff. The declaration of plaintiff’s custodian of records, with attached bill of sale, assignment and monthly billing statements, was used at trial to prove the debt.

Filed Under: Appellate Law News, Evidentiary Law News, Legal News Tagged With: § 1271, 243 Cal. App. 4th Supp. 1, Evid.Code § 1271, Evidence Code, Evidence Code section 1271, section 1271

Federal Court Judgment Reversed Due To Evidentiary Error.

January 14, 2016 by

Evidentiary error reverses federal court judgment on oil prices

The Petroleum Marketing Practices Act [PMBA; 15 U.S.C. §§ 2801-2806] regulates oil franchises. During the trial of an action about allegations an oil company failed to make a bona fide offer to sell property, as required by the PMBA, an evidentiary issue arose. Plaintiff, the owner of a gas station franchise, testified he never reviewed a certain appraisal.

Filed Under: Evidentiary Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 15 U.S.C. §§ 2801-2806, 807 F.3d 1113

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

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

$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

Extrinsic Evidence Considered In Motion To Quash.

September 30, 2015 by

In an unlawful detainer action in which the defendant filed a motion to quash contending she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. She included evidence the notice was left on the ground in an unmarked envelope on the side of her apartment […]

Filed Under: Appellate Law News, Evidentiary Law News, Legal News, Procedural Law News, Unlawful Detainer Law News Tagged With: 190 Cal.Rptr.3d 529, 238 Cal.App.4th Supp. 1

Hearsay Evidence Twist:

September 26, 2015 by

Hearsay

In a criminal matter involving drugs being smuggled from Mexico into the U.S., the defendant was precluded from testifying about the “favors” a friend in Mexico had asked of him. Defendant’s contention was that in granting his friends “favors,” he had been manipulated into smuggling drugs across the border. One “favor” was a request defendant […]

Filed Under: Evidentiary Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 794 F.3d 1053

Previously we reported: After-Acquired Evidence Docrine Inapplicable.

June 2, 2015 by Leave a Comment

After-Acquired Evidence

Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Employment Law News, Evidentiary Law News, Legal News

Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.

May 22, 2015 by Leave a Comment

In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs […]

Filed Under: Appellate Law News, Arbitration Law News, Evidentiary Law News, Legal 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
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Phone: (951) 221-4744
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10.0Mark Albert Mellor

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