The Mellor Law Firm, APLC

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

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“I Don’t Know Why The Girl Had Me Say Those Things. I Was Baited,” Donald Sterling to Anderson Cooper.

December 29, 2015 by

donald sterling

A probate court concluded a husband was properly removed as a trustee of a family trust, and that the wife had authority to unilaterally bind the family trust by executing an agreement to see a basketball team owned by the family trust. The court instructed the wife to complete the sale.

Filed Under: Appellate Law News, Legal News, Probate Law News Tagged With: § 1310, 242 Cal.App.4th 185, Prob. Code § 1310, Prob.Code, Probate Code, Probate Code section 1310 subdivision (b), section 1310, subd. (b), subdivision (b)

Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.

July 28, 2015 by

gavel with money next to it

An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff.  The lawyer had negotiated the settlement on behalf of the client who later died. […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News, Probate Law News, Procedural Law News Tagged With: § 2883, 186 Cal.Rptr.3d 451, 236 Cal.App.4th 329, Civ.Code, Civ.Code § 2883, Civil Code, Civil Code section 2883, section 2883

Has The Law Caught Up With Science?

July 27, 2015 by

DNA paternity testing

Probate Code section 6450 governs the relationship of parent and child, stating in part, “for the purpose of determining intestate succession,” the “relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.” Under Probate Code section 6453, subsection (b), subdivision (2), a […]

Filed Under: Appellate Law News, Children Law News, Legal News, Probate Law News Tagged With: § 6450, § 6453(b)(2), 186 Cal.Rptr.3d 321, 236 Cal.App.4th 127, Prob.Code, Prob.Code § 6450, Prob.Code § 6453(b)(2), Probate Code, Probate Code section 6450, Probate Code section 6453, section 6450, section 6450 subsection (b) subdivision (2), subdivision (2)

Conservator Ordered To Pay Pre Conservatorship Debt From Conservatee’s Estate.

October 27, 2014 by Leave a Comment

Before the creation of a conservatorship, the now-conservatee committed a tort and a jury issued an award against the now-conservatee. An unpaid balance of $350,000 for punitive damages remains. Before judgment was entered, a temporary conservatorship was established and later became permanent. The judgment creditor petitioned the probate court to direct the conservator to pay […]

Filed Under: Appellate Law News, Legal News, Probate Law News

Nonsignatory Beneficiary Of A Trust Cannot Be Compelled To Arbitration.

May 14, 2014 by Leave a Comment

Plaintiff, a nonsignatory beneficiary of a trust which was amended to her detriment shortly before her mother’s death, brought an action for financial elder abuse. The issue is whether an arbitration clause in a trust document can bind a nonsignatory beneficiary. The trial court denied a petition to compel arbitration. Noting that plaintiff beneficiary “has […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News, Probate Law News

Legal Capacity, Undue Influence, Financial Elder Abuse.

March 7, 2014 by Leave a Comment

When defendant and decedent married in February 2005, decedent’s trust provided for his children, grandchildren and a former son-in-law. After the marriage, in May 2005, decedent executed a trust amendment providing defendant with 50 percent of decedent’s assets upon his death. Between 2005 and 2008, several other amendments were executed, resulting in defendant being left with […]

Filed Under: Appellate Law News, Estate Planning Law News, Legal News, Probate Law News

Sterilization Of Developmentally Disabled Woman Is Incidental To Medcally Necessary Treatment Ordered By Court.

September 9, 2013 by Leave a Comment

A developmentally disabled woman suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of her menses. After numerous other treatments for her severe menstrual bleeding and migraines failed, her doctors recommended a hysterectomy and oophorectomy. The trial court found Probate Code section 2357 […]

Filed Under: Appellate Law News, Civil Rights Law News, Ethics Law News, Legal News, Probate Law News

No Creditor’s Claim Required.

July 14, 2013 by Leave a Comment

Creditor’s Claim

The executor of an estate filed a petition confirming the sale of decedent’s real property.  California Regional Water Quality Control Board filed an objection without filing a Creditor’s Claim because the proceeds were subject to a stipulated court order that required the property owner to remediate a waste landfill. The executor argued the Water Board was […]

Filed Under: Appellate Law News, Estate Planning Law News, Government Law News, Legal News, Probate Law News

No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.

April 4, 2013 by Leave a Comment

wrongful death lawyer California

A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed:  “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man […]

Filed Under: Appellate Law News, Civil Rights Law News, Law Enforcement Law News, Legal News, Probate Law News

Intentional Interference With Expected Inheritance [IIEI]; There’s A New Tort In Town!

March 22, 2013 by Leave a Comment

Homosexual Intentional Interference With Expected Inheritance [IIEI]

It’s called intentional interference with expected inheritance [IIEI].  Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery.  He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner.  The partner prepared the will and sent a copy of it to the […]

Filed Under: Appellate Law News, Legal News, LGBT Law News, Negligence Law News, Personal Injury Law News, Probate Law News

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Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … 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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