The Mellor Law Firm, APLC

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

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Doctor’s Opinion Not Speculative.

June 3, 2015 by Leave a Comment

Speculative

A jury found a medical center failed to timely diagnose breast cancer in plaintiffs’ family member, resulting in her death in 2010. Plaintiffs’ expert testified that to a reasonable degree of medical probability, decedent would have survived ten years had she been treated early, even if she had stage 4 cancer in 2007. The jury […]

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

Posttrial Award Of Expert Fees Under Civ.Proc. § 998.

June 3, 2015 by Leave a Comment

Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court […]

Filed Under: Appellate Law News, Expert Witness Law News, Legal News, Settlement Law News, Trial Law News

Trial Court Erred In Excluding Expert Opinion Testimony.

May 20, 2015 by Leave a Comment

Expert Opinion Testimony

An excess insurance carrier covering Costco sued a tire manufacturer and its insurance carrier to recover sums the excess carrier expended in settlement of a personal injury claim resulting from tire defects. Both Costco and the tire manufacturer settled with the plaintiff in the underlying case. In a motion in limine in the present case, […]

Filed Under: Appellate Law News, Expert Witness Law News, Legal News, Personal Injury Law News

The Continuing Chronicles Of Proving Cost Of Medical Treatment.

October 16, 2014 by Leave a Comment

In a personal injury action, defendants filed a motion in limine to exclude testimony by plaintiffs’ nonretained treating physicians on any expert opinions that were not formed at the time of and for purposes of treatment, but instead were formed for purposes of litigation. Defendants argued that Plaintiffs had listed 25 individual, nonretained treating physicians […]

Filed Under: Appellate Law News, Evidentiary Law News, Expert Witness Law News, Health Care Law News, Legal News, Procedural Law News, Trial Law News

Junction Of Civil Procedure Statutes In Expert Exchange Context.

September 2, 2014 by Leave a Comment

The trial court precluded plaintiff’s use of expert witnesses in a medical malpractice case on the ground plaintiffs unreasonably failed to timely disclose their designated trial experts after receiving a statutory demand from defendants. The initial trial date was February 14, 2012. Defendants served their demand for expert exchange on December 6, 2011 [70 days […]

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

Game Playing In Expert Exchange Results In Preclusion Of Use Of Experts At Trial.

July 23, 2014 by Leave a Comment

Neither plaintiff nor defendant timely disclosed experts pursuant to Code of Civil Procedure section 2034.260 in a medical malpractice case. Plaintiff instead filed a motion to disqualify defense counsel. Defendants offered to delay the expert exchange until after the court ruled on the disqualification motion. The trial court denied the motion and defendant made another demand […]

Filed Under: Appellate Law News, Expert Witness Law News, Legal News, Trial Law News

Expert Witness In Federal Court Improperly Excluded.

July 4, 2014 by Leave a Comment

In a case involving excessive chemical levels in a city’s water system, the city’s expert witness used a four-step methodology, which methodology was published in a manual commissioned by the Environmental Security Technology Certification Program of the U.S. Department of Defense. Based on his methodology, the expert gave his opinion of the dominant source of […]

Filed Under: Expert Witness Law News, Legal News, Trial Law News

Grant Of Summary Judgment Reversed Because Trial Court Erred In Not Admitting Plaintiff’s Causation Testimony.

June 14, 2014 by Leave a Comment

Causation

Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]

Filed Under: Expert Witness Law News, Health and Safety, Health Care Law News, Legal News, Negligence Law News, Ninth Circuit Court of Appeal Law News

Can’t Sue Family Court Child Custody Evaluator For Malpractice.

April 8, 2014 by Leave a Comment

In a protracted and acrimonious child custody battle, the mother brought an action against a psychologist acting as a family court child custody evaluator for breach of contract, negligence and intentional infliction of emotional distress. The defendant demurred, citing Civil Code section 47, the litigation privilege and asserted the common law privilege for quasi-judicial acts. The […]

Filed Under: Appellate Law News, Children Law News, Community Property Law News, Expert Witness Law News, Family Law News, Legal News

Permitting Expert Testimony A Judge Is Taken To Task For Leaving The Gate Unguarded.

March 7, 2014 by Leave a Comment

In an asbestos action in federal court, a jury awarded damages totaling $10.2 million. An en banc Ninth Circuit vacated the judgment and remanded the matter for a new trial.  The issue on appeal was the trial court’s permitting two expert witnesses to testify. The appeals court concluded: “The district court failed to make findings of […]

Filed Under: Expert Witness Law News, Legal News, Negligence Law News, Ninth Circuit Court of Appeal Law News, Trial Law News

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Recent News

What to Do if a Contractor Damages Your Property in California

July 6, 2026 By Mark Mellor

Quick answer: If a contractor damages your property in California, immediately stop the work to prevent further harm. Document the damage using photos and videos, and review your written contract. Next, notify the contractor in writing and verify their active insurance and … Read More...

What Happens When a Title Defect Is Discovered After You Buy Property

May 26, 2026 By Mark Mellor

Getting the keys to your new home is a huge milestone! You've probably spent weeks planning room layouts and picking out paint colors. But the excitement can quickly fade if an unexpected legal letter arrives in the mail months later, claiming someone else has a right to your … Read More...

What Are CC&Rs and What Happens When They’re Violated in California?

May 22, 2026 By Mark Mellor

Buying a home in a planned community or condominium complex often comes with a few extra rules. You might be thrilled about the community pool and perfectly manicured landscaping, but those perks usually mean you are governed by a specific set of guidelines. Understanding these … Read More...

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Recent Posts

  • What to Do if a Contractor Damages Your Property in California
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  • What Are CC&Rs and What Happens When They’re Violated in California?
  • What Is a Stop Notice and How Does It Protect Contractors?

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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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