The Mellor Law Firm, APLC

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

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Report Of Privately Retained Expert No Good In Workers’ Compensation Case.

December 21, 2015 by

In a Workers’ Compensation action, the injured worker hired her own psychological expert at her own expense, but he Workers’ Compensation Board found the report of the doctor was inadmissible.

Filed Under: Labor Law News, Legal News, Workers Compensation Law News Tagged With: § 4061(i), § 4064(d), 241 Cal.App.4th 1009, Lab.Code, Lab.Code § 4061(i), Lab.Code § 4064(d), Labor Code section 4061, Labor Code section 4061 subdivision (i), Labor Code section 4064 subdivision (d), section 4061, section 4064, subdivision (d), subdivision (i)

Previously We Reported: No Wrongful Termination When Contract Not Renewed.

December 3, 2015 by

wrongful termination - Inland Empire contract law attorney

Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition,

Filed Under: Appellate Law News, Labor Law News, Legal News, Wrongful Termination Law News Tagged With: § 6312, § 98.7, 145 Cal.Rptr.3d 766, 193 Cal.Rptr.3d 811, 208 Cal.App.4th 676, Lab.Code § 6310, Lab.Code § 6312, Lab.Code § 98.7, Labor Code section 6310, Labor Code section 6312, Labor Code section 98.7, section 6310, section 6312, section 98.7

Employer Can’t Have It Both Ways Independent Contractors.

October 7, 2015 by admin

Defendant’s business arranges for transportation of cargo from the Long Beach and Los Angeles ports to warehouses, and plaintiffs are truck drivers. Prior to implementation of a clean air program at the ports in 2008, truck drivers generally owned their own trucks and worked as independent contractors. After the clean air program was implemented, older […]

Filed Under: Appellate Law News, Employment Law News, Independent Contractor Law News, Labor Law News, Legal News Tagged With: 190 Cal.Rptr.3d 400, 238 Cal.App.4th 1476

The Law Changed After The Demurrer Was Sustained But Before The Appeal Was Heard.

March 23, 2015 by Leave a Comment

demurrer

The director of a clinical laboratory informed executive staff and owners of the lab that there were numerous violations of state and federal laws in the lab’s operations. The director was terminated, and thereafter, filed suit alleging violation of Labor Code section 1102.5. The trial court sustained defendants’ demurrer because the plaintiff did not exhaust […]

Filed Under: Administrative Law News, Appellate Law News, Labor Law News, Legal News, Procedural Law News

Suspended Corporation Could Not Have Its Cake And Eat It Too.

March 19, 2015 by Leave a Comment

After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to […]

Filed Under: Appellate Law News, Corporate Law News, Labor Law News, Legal News, Procedural Law News

You Can’t Make This Stuff Up!

November 26, 2014 by Leave a Comment

false imprisonment

The owner and supervisor of a company was yelling and visibly upset that there was a sanitary napkin by the toilet and blood around the toilet seat. All female employees were ordered to line up to be checked to see if they were having their period, with a promise that anyone who refused to get […]

Filed Under: Appellate Law News, Insurance Law News, Labor Law News, Legal News, Privacy Law News, Procedural Law News

Summary Judgment In Favor Of Holding Company Reversed; Trier Of Fact May Infer It Is An Employer.

November 25, 2014 by Leave a Comment

Holding Company

A plaintiff filed a class action on behalf of himself and other certified nursing assistants for unpaid minimum wages and overtime wages. He contends defendant, a holding company with no employees, is the alter ego of a nursing facility where he worked and its “corporate veil should be pierced.” The trial court granted defendant’s motion […]

Filed Under: Appellate Law News, Corporate Law News, Labor Law News, Legal News, Summary Judgment Law News

Misconduct Means No Unemployment Insurance Benefits.

November 24, 2014 by Leave a Comment

The superior court granted a writ of mandate brought by an employee of a school district who was denied unemployment insurance benefits pursuant to Unemployment Insurance Code section 1256. The appellate court reversed the superior court’s order directing that the employee receive unemployment compensation benefits because the man committed misconduct within the meaning of 1256 […]

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

Trial Court Erred In Denying Motion For Class Certification.

October 31, 2014 by Leave a Comment

Class Certification

Plaintiff filed a putative class action against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; […]

Filed Under: Appellate Law News, Class Action Law News, Employment Law News, Labor Law News, Legal News

Petition To Compel Arbitration Denied.

October 29, 2014 by Leave a Comment

In a wage and hour claim, a plaintiff signed an agreement with her employer. In the 2001 Agreement, the parties agreed to mediate “any dispute arising out of” employment, except “workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner[.]” The arbitration provision provided as follows: “Arbitration. In the event mediation does […]

Filed Under: Appellate Law News, Arbitration Law News, Employment Law News, Labor Law News, Legal News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … 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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