The Mellor Law Firm, APLC

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

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Housing Contract Terms to Consider During COVID-19

July 24, 2020 by Mark Mellor

man signing housing contract

The COVID-19 pandemic has led to an unprecedented time of uncertainty, especially in terms of housing contracts. Unemployment rates have sky-rocketed, universities are moving their classes online and encouraging students to learn from home, and housing contracts are in the spotlight unlike ever before. In some states, including California, a moratorium on evictions has been […]

Filed Under: Landlord Tenant Law News, Real Estate Education, Real Estate Law News

No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.

January 5, 2016 by

The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]

Filed Under: Appellate Law News, Landlord Tenant Law News, Legal News, Unlawful Detainer Law News Tagged With: §§ 1159-1179a, 146 Cal.App.3d 1033, 194 Cal.Rptr. 685, 242 Cal.App.4th 607, Civ.Proc., Civ.Proc. §§ 1159-1179a, Code of Civil Procedure sections 1159-1179a, sections 1159-1179a

No Landlord Liability For Unknown Dangerous Condition Brought Onto Premises By Tenant.

January 4, 2016 by

A landscaper was injured by explosives brought onto the property by a tenant of the property’s owner. The trial court entered summary judgment in favor of the owner of the residence. On appeal, the plaintiff contended a month-to-month tenancy provides the landlord the right to enter and inspect the property at periodic intervals.

Filed Under: Appellate Law News, Landlord Tenant Law News, Legal News, Personal Injury Law News Tagged With: 242 Cal.App.4th 600

Anti-Slapp Motion Apparently Viewed As A Tactic To Delay Plaintiff’s Case.

April 29, 2014 by Leave a Comment

Fee Dispute

Plaintiff is a tenant in a building and alleges significant maintenance and repair issues, including airborne contaminants. According to the complaint, defendants had plaintiff evicted to perform significant repairs, but did no repairs, and would not permit plaintiff to take possession again. So, plaintiff brought an action for breach of warranty of habitability and several […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Landlord Tenant Law News, Legal News, Procedural Law News

Duty Of Care To Four-Year-Old Guest Using Pool.

April 28, 2014 by Leave a Comment

Duty Of Care

A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]

Filed Under: Appellate Law News, Children Law News, Landlord Tenant Law News, Legal News, Negligence Law News, Real Estate Law News

Lease Survives Foreclosure.

March 20, 2014 by Leave a Comment

Foreclosure

Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]

Filed Under: Appellate Law News, Foreclosure Education, Foreclosure Law News, General Legal Information Law News, Landlord Tenant Law News, Legal News, Real Estate Education, Unlawful Detainer Law News

Landlord May Hold Open Houses.

October 10, 2013 by Leave a Comment

Tenant lives in a condominium subject to the Santa Monica rent control regulatory scheme. The landlord listed the property for sale, but the tenant would not permit open houses on weekends, and would permit the property to be shown only pursuant to appointments. Frustrated, the landlord filed an action for declaratory relief. The trial court’s order […]

Filed Under: Appellate Law News, Contract Law News, Landlord Tenant Law News, Legal News, Real Estate Education, Real Estate Law News

Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.

September 30, 2013 by Leave a Comment

Letter Of Credit

In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]

Filed Under: Appellate Law News, Attorney's Fees News, Banking Law News, Landlord Tenant Law News, Legal News, Procedural Law News, Real Estate Law News, Uniform Commercial Code Law News

“He’s A Sociopathic Narcissist”… Opinion Or Fact?

September 7, 2013 by Leave a Comment

Opinion

Building owners brought a libel action against a former tenant who posted a review of the apartment building on a Website: “Sadly, the Building is (newly) owned and occupied by a sociopathic narcissist—who celebrates making the lives of tenants hell. Of the 16 mostly-long-term tenants who lived in the Building when the new owners moved in, […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Defamation Law News, Internet Law News, Landlord Tenant Law News, Legal News, Libel and Slander Law News

Problem Tenant.

August 29, 2013 by Leave a Comment

A landlord leased property to a private school. At a certain point, the landlord listed the premises for sale with a real estate broker, and decided to have a building inspector “find out all the things that may or may not be wrong.” The lease provided for the landlord to inspect “at reasonable times after reasonable […]

Filed Under: Appellate Law News, Attorney's Fees News, Contract Law News, Landlord Tenant Law News, Legal 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
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10.0Mark Albert Mellor

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