The Mellor Law Firm, APLC

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

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Prosecutorial Immunity: “The Man” Holds All The Cards!

December 14, 2015 by

get out of jail free card - Prosecutorial Immunity

We hold that [plaintiff] adequately alleged [the deputy D.A.] was liable for false imprisonment; we will also hold that statutory prosecutorial immunity [Government Code section 821.6] did not apply to the false imprisonment claim. However, the demurrer had to be sustained based on common-law prosecutorial immunity.

Filed Under: Appellate Law News, General Legal Information Law News, Government Law News, Law Enforcement Law News, Legal News, Procedural Law News, Tort Law News Tagged With: § 821.6, 194 Cal.Rptr.3d 327, 241 Cal.App.4th 848, Gov.Code, Gov.Code § 821.6, Government Code section 821.6

That Pile Of Documents Signed When Taking Out A Home Mortgage!

September 16, 2015 by

A homeowner sued the Federal Home Loan Mortgage Corporation “Freddie Mac” for breach of contract and breach of fiduciary duty. Freddie Mac had purchased the homeowner’s mortgage from the loan originator on the secondary market. The loan originator continued to service the loan and failed to pay the insurance premium from an escrow account which […]

Filed Under: Contract Law News, General Legal Information Law News, Legal News, Mortgage Law News, Ninth Circuit Court of Appeal Law News Tagged With: 793 F.3d 1005

Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.

June 11, 2015 by

A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore, […]

Filed Under: Appellate Law News, Employment Law News, General Legal Information Law News, Government Law News, Law Enforcement Law News, Legal News

City Council Gone Wild.

May 14, 2015 by Leave a Comment

City Council

A long-established restaurant sits in a trendy marina area that includes a number of restaurants, bars, residences and condominiums. A City’s planning commission voted to approve the restaurant’s conditional use permit to allow it to have a patio cover and remain open until 2:00 a.m. on weekends with dancing inside the restaurant. The idea was […]

Filed Under: Appellate Law News, General Legal Information Law News, Government Law News, Legal News

Fees/Costs Order Reversed In Public Records Act Request.

April 11, 2015 by Leave a Comment

After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]

Filed Under: Appellate Law News, General Legal Information Law News, Legal News

Recognition Of A Foreign Judgment.

March 31, 2015 by Leave a Comment

Foreign Judgment

A trial court may recognize a foreign judgment under the Uniform Foreign-Country Money Judgments Recognition Act [CCP § 1713-1724]. But, despite the legality of 20 percent interest in the foreign jurisdiction, California may not enter a California judgment imposing postjudgment interest at a rate greater than ten percent. (Hyundai Securities Co., Ltd. v. Lee  (Cal. […]

Filed Under: Appellate Law News, General Legal Information Law News, International Law News, Legal News, Procedural Law News

No Prohibition Of Recording Birth Date Of Person Who Buys Alcohol With A Credit Card.

March 31, 2015 by Leave a Comment

Plaintiff filed a class action for damages under the Credit Card Act [Civil Code section 1747.08], one of the provisions of which prohibits businesses from requesting that cardholders provide personal identification information during credit card transactions. In the present matter, a business recorded the birth date of a customer who purchased alcohol with a credit […]

Filed Under: Appellate Law News, Class Action Law News, General Legal Information Law News, Government Law News, Health and Safety, Legal News

Unsuccessful False Advertising Claim Based On Misrepresentations In Commercial E-Mails.

January 30, 2015 by Leave a Comment

False Advertising

Business and Professions Code section 17529.5 states it is unlawful to advertise in a commercial email when it contains or is accompanied by falsified, misrepresented or forged header information. The plaintiffs here brought an action under that statute on the theory the advertiser “sent them unsolicited commercial email advertisements purporting to be from ‘Proactiv Special […]

Filed Under: Advertising/Billboard Law News, Appellate Law News, General Legal Information Law News, Internet Law News, Legal News

Necessity Of Private Enforcement Is A Required Element When Seeking Private Attorney General Fees.

January 27, 2015 by Leave a Comment

private attorney general

Code of Civil Procedure section 1021.5, provides courts with the statutory authority to award attorney fees under a private attorney general theory to litigants who successfully pursue public interest litigation vindicating important constitutional rights. In this case, a plaintiff who received a large compensatory damage award for bad dental treatment made a postjudgment motion for […]

Filed Under: Appellate Law News, Attorney's Fees News, General Legal Information Law News, Government Law News, Legal News

Mechanic’s Liens – An Attorney’s Perspective

December 30, 2014 by Leave a Comment

Whether you are a property owner or a contractor trying to get paid for a project, you want to pay particular attention to the statutory framework governing mechanic’s lien law in California. If contractors do not comply, enforcing a mechanics lien can be difficult and this has important ramifications for both the property owner and […]

Filed Under: General Legal Information Law News, Legal News, Mechanic's Lien Law News, Real Estate Law News

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Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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  • Dealing With A Contract Breach? These Are The First Steps You Need To Take
  • What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor
  • Understanding and Avoiding Mortgage Fraud: Here’s Everything You Need to Know

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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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