The Mellor Law Firm, APLC

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

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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

When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”

June 24, 2013 by Leave a Comment

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Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]

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

Anti-SLAPP Motion Should Not Have Been Granted.

June 7, 2013 by Leave a Comment

A landlord served a tenant with a three-day notice to cure or quit, and the tenant brought an action against the landlord requesting declaratory relief and alleging breach of contract and intentional interference with contract. The landlord filed an unlawful detainer action, and with regard to the tenant’s complaint, filed an anti-SLAPP motion under Code of […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Landlord Tenant Law News, Legal News, Real Estate Education

Commercial Lease Does Not Last Forever.

March 23, 2013 by Leave a Comment

commercial lease agreement - southern california contract law

Commercial lease term stated:  “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the commercial lease grants the tenant […]

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

Superior Court Told To Bow Out Of Retaining Jurisdiction.

February 19, 2013 by Leave a Comment

The parties had a disagreement about a lease. The superior court retaining jurisdiction after trial “to make further orders, including injunctions, if necessary in the future to effectuate and or enforce the Court’s judgment.”  The appellate court reversed that portion of the judgment, stating:  “We are concerned with the court retaining jurisdiction for the life of […]

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

Anti-SLAPP Motion Should Have Been Granted In Registered Sex Offender Case.

February 12, 2013 by Leave a Comment

Anti-SLAPP Motion

The renter/defendant of a house owned by the owner/plaintiff told a potential buyer of the house that a registered sex offender lived immediately across the street from the house.  The sale fell through and the owner sued the renter for interfering with the sale.  The renter filed an anti-SLAPP motion under Code of Civil Procedure section […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, First Amendment Law News, Landlord Tenant Law News, Legal News, Real Estate Education, Real Estate Law News

Grant Of Landlords’ Anti-SLAPP Motion Against Tenant Reversed.

January 18, 2013 by Leave a Comment

Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]

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

Landlord Was Additional Insured, But Only When It Faced Liability Arising Out Of Tenant’s Acts.

December 25, 2012 by Leave a Comment

A restaurant burned down because of the restaurant’s negligence. There were two insurance policies. The restaurant’s policy listed the landlord as an additional insured, which also had an exclusion for claims between insureds. The landlord had a separate policy and collected under it. The landlord’s insurer brought an action for subrogation against the restaurant owner, […]

Filed Under: Appellate Law News, Insurance Law News, Landlord Tenant Law News, Legal News

Discrimination In Housing.

October 19, 2012 by Leave a Comment

Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]

Filed Under: Appellate Law News, Discrimination Law News, Insurance Law News, Landlord Tenant Law News, Legal News, Summary Judgment Law News

City Ordinance Relating To Clean And Safe Rental Properties.

August 17, 2012 by Leave a Comment

Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by […]

Filed Under: Constitutional Law News, Landlord Tenant Law News, Legal News, Real Estate Law News

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Recent News

5 Questions to Ask Before Hiring a Real Estate Lawyer

June 6, 2022 By Mark Mellor

Are you in the process of buying or selling a home? If so, then you may need to hire a real estate lawyer. While there are many lawyers who practice real estate law, not all of them are created equal. You need to find one that has the experience and qualifications that you … Read More...

Legal Options for Bankruptcy

May 31, 2022 By Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for … Read More...

Are You Dealing With a Breach of Contract?

May 17, 2022 By Mark Mellor

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...

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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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