The Mellor Law Firm, APLC

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

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Trial Court Should Have Granted Domestic Violence Restraining Order.

May 30, 2014 by Leave a Comment

Restraining Order

Years after a domestic violence restraining order was granted during a divorce, the wife went back to court to request a permanent restraining order. The trial court concluded that “if nothing has happened in three years, I don’t see how there is reasonable apprehensions,” and relying on that comment as well as the holding in Ritchie v. […]

Filed Under: Appellate Law News, Family Law News, Legal News

No Disqualification: I Told You About It; Now Forever Hold Your Peace.

May 8, 2014 by Leave a Comment

Disqualification

It’s a family law case, and the commissioner presiding over the matter, who has post-judgment support matters still pending, has agreed to preside over the wedding of the wife’s lawyer. The husband petitioned the appellate court for a writ of mandate, seeking disqualification of the commissioner under Code of Civil Procedure section 170.1, which says a judge is disqualified if […]

Filed Under: Appellate Law News, Ethics Law News, Family Law News, Legal News, Procedural Law News

A Valentine Noncompetition Issue.

April 14, 2014 by Leave a Comment

In a divorce proceeding, the court awarded the community business to the husband and issued an order restraining the wife from working in the same business, anywhere, for five years. The appellate court discussed that an agreement restraining someone from engaging in a lawful occupation is void pursuant to statute [Business and Professions Code section 16600], […]

Filed Under: Appellate Law News, Business Law News, Community Property Law News, Divorce Law News, Family Law News, Legal News

Jurisdiction To Enter A Nunc Pro Tunc Judgment.

April 11, 2014 by Leave a Comment

A husband and wife were orally granted dissolution of their marriage and the court reserved jurisdiction on all other issues. Two weeks later, the husband died, and three days after that, the court entered the written dissolution of marriage. Counsel for the deceased husband requested the court enter the judgment nunc pro tunc to a date […]

Filed Under: Appellate Law News, Community Property Law News, Family Law News, Legal News, Procedural 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

Spousal Support When Domestic Violence Restraining Order Pending.

April 7, 2014 by Leave a Comment

The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part:  “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall […]

Filed Under: Appellate Law News, Community Property Law News, Divorce Law News, Family Law News, Legal News, Procedural Law News

California’s Kin Care Law Meets ERISA And Is Not Preempted.

April 4, 2014 by Leave a Comment

Kin Care Law

California’s Kin Care Law [Labor Code section 233] requires employers who provide paid sick leave to their employees to allow employees to use sick leave to care for family members. In this case, defendant, an airline, “seeks to avoid this state law obligation by the creation of an employee sick leave plan and trust, which [defendant] holds […]

Filed Under: Appellate Law News, ERISA Law News, Family Law News, Legal News, Procedural Law News

Settlement Bars Claim To Bing Crosby Right Of Publicity.

April 2, 2014 by Leave a Comment

Entertainer Bing Crosby married Wilma, and he and his wife had four sons.  When Wilma died in 1952, her will provided that her community property be distributed in trust to their four sons. Bing Crosby married Kathryn and remained married until he died in 1977. He left the residue of his estate in trust for the […]

Filed Under: Appellate Law News, Community Property Law News, Estate Planning Law News, Family Law News, Legal News

Grandparent Visitation After Divorce.

March 29, 2014 by Leave a Comment

A mother and a father had a child and later divorced. The mother later married someoneelse, and they had children. The child’s paternal grandmother, who was formerly the child’s caregiver, petitioned the superior court for child visitation. Family Code section 3104, limits grandparent visitation when the parents are married and living together, but provides an […]

Filed Under: Appellate Law News, Family Law News, Legal News

21st Century Family Complications For A Presumed Father.

February 17, 2014 by Leave a Comment

These are the facts:  before baby Donald was born, his mother, Mary, married Roger, and it is Roger’s name on Donald’s birth certificate. Victor has never met Donald, who is now almost two years old, but Victor claims to be Donald’s father. Victor petitioned the superior court to establish his fatherhood. Mary moved to dismiss the […]

Filed Under: Appellate Law News, Family Law News, Legal News

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Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … 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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