The Mellor Law Firm, APLC

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

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Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

You Have A Fifth Amendment Right To Remain Silent….After You Speak Up.

November 4, 2014 by Leave a Comment

Fifth Amendment

A criminal defendant who had been drinking and speeding caused a collision which resulted in one child’s death and serious injuries to another child. During its case in chief, the prosecution gave much emphasis to the defendant’s failure to inquire about the occupants of the other vehicle as evidence that he was driving without due […]

Filed Under: California Supreme Court Law News, Evidentiary Law News, Fifth Amendment, Legal News

County’s Overflight Easement Condition In Exchange For A Permit Upheld.

March 10, 2014 by Leave a Comment

Overflight Easement

Plaintiffs planned minor alterations to their residence. As a condition for obtaining a building permit, the county’s general plan required them to provide an aircraft overflight easement. In this action, plaintiffs contend the easement requirement constitutes an unconstitutional taking of their property without just compensation. The trial court entered summary judgment in favor of the county. […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Fifth Amendment, Legal News

Rent Control In Mobilehome Park Not A Taking.

May 13, 2013 by Leave a Comment

A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]

Filed Under: Fifth Amendment, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News, Public Entity Law News, Real Estate Law News

Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.

March 5, 2013 by Leave a Comment

A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]

Filed Under: Appellate Law News, Civil Rights Law News, Criminal Law News, Evidentiary Law News, Fifth Amendment, General Legal Information Law News, Law Enforcement Law News, Legal News

Police Officer’s Privilege Against Self-Incrimination Prevented Reporting His Own Sexual Assault Of A Minor.

February 21, 2013 by Leave a Comment

Minor plaintiff was sexually assaulted by a police officer when she was on an explorer program and doing ride-alongs with him. She brought an action against the City, alleging the City was vicariously liable for the police officer’s negligence based on his breach of the mandatory duty to report the sexual abuse to a child protective […]

Filed Under: Appellate Law News, Children Law News, Criminal Law News, Fifth Amendment, Legal News

Lawyer Must Produce Client’s Tax Returns.

January 30, 2013 by Leave a Comment

Tax returns prepared by an accountant were turned over to the civil tax lawyer for the person being investigated by the IRS. The civil lawyer turned them over to a lawyer for the firm providing representation for the criminal tax investigation. That lawyer turned them over to the partner in charge of the criminal defense. The […]

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

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … 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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