The Mellor Law Firm, APLC

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

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Law Firm Automatically Disqualified.

March 7, 2016 by

law firm disqualified

One shareholder sued another shareholder and a small construction firm over a dispute in the operation of the construction firm. Defendant was represented in the suit by a law firm which had been retained by the construction company in 2006 and never discharged; nor had the law firm ever withdrawn from representing the company.

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Legal News, Procedural Law News Tagged With: 196 Cal.Rptr.3d 662, 243 Cal.App.4th 602

Okay For Legislature To Ask The People Of California For An Advisory Opinion.

March 7, 2016 by

california Legislature

In Citizens United v. FEC (2010) 558 U.S. 310 [130 S.Ct. 876, 175 L.Ed.2d 753, 22 Fla. L. Weekly Fed. S. 73], (Citizens United), a divided United States Supreme Court invalidated federal election law restrictions on the political speech of corporations, holding that a speaker’s identity as a corporation, as opposed to natural person, could not […]

Filed Under: California Supreme Court Law News, First Amendment Law News, Legal News, Procedural Law News, Voting Rights Law News Tagged With: 130 S.Ct. 876, 175 L.Ed.2d 753, 196 Cal.Rptr.3d 732, 22 Fla. L. Weekly Fed. S. 73, 363 P.3d 628, 558 U.S. 310, 62 Cal.4th 486

Strict Time Limits For Court To Rule On Motion To Vacate Judgment.

February 26, 2016 by

Motion To Vacate Judgment

Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.

Filed Under: Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 663a, 197 Cal.Rptr.3d 61, 243 Cal.App.4th 470, CCP § 663a, Civ.Proc., Civ.Proc. § 663a, Code of Civil Procedure section 663a, section 663a

Statutory Interpretation.

January 28, 2016 by

statutory interpretation - gavel and handcuffs

The general rule is that statutes, including those clarifying existing law, do not operate retrospectively. In Western Security Bank v. Superior Court (1997) 15 Cal.4th 232 [62 Cal.Rptr.2d 243, 933 P.2d 507], the California Supreme Court held that, despite that general rule, when the Legislature promptly reacts to the emergence of a novel question of statutory interpretation by the courts, “[a]n amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act, where the amendment was adopted soon after the controversy arose concerning the proper interpretation of the statute.”

Filed Under: Appellate Law News, Criminal Law News, Legal News, Procedural Law News Tagged With: 15 Cal.4th 232, 195 Cal.Rptr.3d 568, 242 Cal.App.4th 1255, 62 Cal.Rptr.2d 243, 933 P.2d 507, Penal Code

Use Of Judicially Noticed Records In Ruling On A Demurrer.

January 12, 2016 by

Use Of Judicially Noticed Records In Ruling On A Demurrer

The Court of Appeal held: Plaintiffs sued defendants for trade secret misappropriation. The trial court sustained defendants’ demurrer on the ground that plaintiffs’ claims were barred by the Taiwanese statute of limitations. On appeal, plaintiffs contend the trial court erred in sustaining the demurrer because it resolved disputed issues of fact based on information from judicially noticed documents.

Filed Under: Appellate Law News, Legal News, Procedural Law News Tagged With: 242 Cal.App.4th 651

Court Declined To Create A New Exception To The Collateral Estoppel Rule.

January 6, 2016 by

collateral estoppel rule

Years ago, the juvenile court terminated plaintiff’s parental rights to her daughter and the Court of Appeal affirmed, rejecting plaintiff’s contention of ineffective assistance of counsel by her appointed juvenile dependency lawyers. Thereafter, plaintiff filed the current action for legal malpractice against the same lawyers. The trial court granted the lawyers’ motion for summary judgment.

Filed Under: Appellate Law News, Collateral Estoppel and Res Judicata Law News, Legal News, Procedural Law News, Summary Judgment Law News Tagged With: 242 Cal.App.4th 1075

Default Judgment Void & Statement Of Damages Rejected In Non-P.I. Default.

December 17, 2015 by

default judgment word group

After a business relationship went south, plaintiff filed a complaint for damages in 2004. The prayer was for general and special damages according to proof. Default was entered in 2005. A statement of damages alleging damages for over $2 million was filed and served, and at the prove-up hearing, the trial court awarded almost that much.

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News Tagged With: § 425.11, § 425.115, § 580, 241 Cal.App.4th 963, Civ.Proc., Civ.Proc. § 425.11, Civ.Proc. § 425.115, Civ.Proc. § 580, Code of Civil Procedure section 425.115, Code of Civil Procedure section 580, section 425.11, section 425.115, section 580

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

Nonsuit In Underlying Case Paves Some Of The Way Toward A Malicious Prosecution Action.

December 14, 2015 by

The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute

Filed Under: Anti-SLAPP Law News, Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 425.16, 193 Cal.Rptr.3d 912, 241 Cal.App.4th 861, CCP § 425.16, Civ.Proc. § 425.16, Code of Civil Procedure section 425.16, section 425.16

Court Abused Its Discretion In Not Renewing Restraining Order.

December 3, 2015 by

renewing restraining order

After a series of violent incidents, the court issued a restraining order to protect petitioner and her family. A few years later, petitioner asked the court to renew the restraining order after she spotted a vehicle outside her home, although petitioner did not know who was driving it. The vehicle was similar to the one the restrained man drives. The trial court declined to renew the restraining order because of lack of evidence.

Filed Under: Appellate Law News, Criminal Law News, Evidentiary Law News, Legal News, Procedural Law News Tagged With: 193 Cal.Rptr.3d 663, 241 Cal.App.4th 550

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Recent News

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January 24, 2023 By Mark Mellor

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Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

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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...

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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
Riverside, CA 92506
Phone: (951) 221-4744
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10.0Mark Albert Mellor

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