The Mellor Law Firm, APLC

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

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City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.

February 12, 2016 by

Conditional Use Permit

In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.

Filed Under: Appellate Law News, Construction Law News, Contract Law News, Government Law News, Legal News, Public Entity Law News Tagged With: 196 Cal.Rptr.3d 326, 243 Cal.App.4th 188

Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.

February 2, 2016 by

public property claim

A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.

Filed Under: California Supreme Court Law News, Government Law News, Legal News, Negligence Law News, Public Entity Law News Tagged With: § 830.6, 160 Cal.Rptr.3d 168, 195 Cal.Rptr.3d 773, 218 Cal.App.4th 286, 62 Cal.4th 340, Government Code, Government Code section 830.6, Govt.Code § 830.6, section 830.6

Saying “No, You Can’t Have The Documents,” Can Be Costly.

January 14, 2016 by

A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.

Filed Under: Appellate Law News, Attorney's Fees News, Discovery Law News, Government Law News, Legal News Tagged With: § 6250, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

County Immune.

January 4, 2016 by admin

A high school student took a swing on a rope swing attached to a tree in a county park. The rope broke and the boy was seriously injured when he hit debris below, which debris included cut-down tree limbs and brush left by county maintenance workers. Afterward, an expert opined the rope was damaged from exposure to the sun for over three months.

Filed Under: Appellate Law News, Government Law News, Legal News, Personal Injury Law News, Public Entity Law News Tagged With: § 831.7, 242 Cal.App.4th 460, Government Code, Government Code section 831.7, Govt.Code § 831.7, section 831.7

“Every Killer You Kill, Never Kills Again” — Bill Maher.

December 24, 2015 by

cruel and unusual punishment

In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.

Filed Under: Criminal Law News, Eighth Amendment Law News, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 806 F.3d 538

Suicide By Cop?

December 22, 2015 by

Fourth Amendment rights and excessive force

When police with an arrest warrant informed a man he was under arrest, the man sped away, leading police on an 85 to 110 mile-per-hour chase. Twice the man telephoned the police dispatcher to demand the police stop chasing him, telling the dispatcher he was armed and would shoot. Other officers set up spikes at places they thought the man’s car would reach. However, one officer devised a plan to shoot at the man’s car to force the car to stop.

Filed Under: Fourth Amendment Law News, Government Law News, Law Enforcement Law News, Legal News, U.S. Supreme Court Tagged With: 136 S.Ct. 305, 193 L.Ed.2d 255, 25 Fla. L. Weekly Fed. S. 555

Personal Email Account Used For Public Business…Why Does That Sound Familiar? 

December 19, 2015 by

Public Records Act

The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.

Filed Under: Appellate Law News, Discovery Law News, Government Law News, Legal News, Public Entity Law News Tagged With: § 6250, 241 Cal.App.4th 976, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

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

OMG. . . A Subway In 90210!!

December 8, 2015 by

environmental attorney

To reach a subway station, a planned subway will travel under Beverly Hills High School. Both the City of Beverly Hills and the Beverly Hills Unified School District objected to the placement of a subway tunnel under the high school or any other properties located in Beverly Hills. Their objection was based on the environmental […]

Filed Under: Appellate Law News, Environmental Law News, Government Law News, Legal News, Public Entity Law News Tagged With: 193 Cal.Rptr.3d 846, 241 Cal.App.4th 627

Summary Judgment Reversed By California Supreme Court.

November 3, 2015 by

Summary Judgment

The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]

Filed Under: California Supreme Court Law News, Dangerous Condition on Property, Government Law News, Legal News, Personal Injury Law News, Summary Judgment Law News Tagged With: 190 Cal.Rptr.3d 850, 353 P.3d 773, 61 Cal.4th 1099

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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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10.0Mark Albert Mellor

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