The Mellor Law Firm, APLC

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Disclosure Under Public Records Act Ordered.

February 22, 2016 by

A man who was fired by a school district requested documents under the Public Records Act [Government Code section 6250, et seq.], but the school district refused to produce them. The superior court denied his petition because the man already has the documents. The Court of Appeal agreed with the man’s argument that he seeks production under the Public Records Act so he may release the documents to the public without being subjected to claims of improperly disclosing confidential information.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Public Entity Law News Tagged With: § 6250, 196 Cal.Rptr.3d 223, 243 Cal.App.4th 212, Gov’t.Code § 6250, Government Code section 6250

City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.

February 12, 2016 by

Conditional Use Permit

In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.

Filed Under: Appellate Law News, Construction Law News, Contract Law News, Government Law News, Legal News, Public Entity Law News Tagged With: 196 Cal.Rptr.3d 326, 243 Cal.App.4th 188

Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.

February 2, 2016 by

public property claim

A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.

Filed Under: California Supreme Court Law News, Government Law News, Legal News, Negligence Law News, Public Entity Law News Tagged With: § 830.6, 160 Cal.Rptr.3d 168, 195 Cal.Rptr.3d 773, 218 Cal.App.4th 286, 62 Cal.4th 340, Government Code, Government Code section 830.6, Govt.Code § 830.6, section 830.6

County Immune.

January 4, 2016 by admin

A high school student took a swing on a rope swing attached to a tree in a county park. The rope broke and the boy was seriously injured when he hit debris below, which debris included cut-down tree limbs and brush left by county maintenance workers. Afterward, an expert opined the rope was damaged from exposure to the sun for over three months.

Filed Under: Appellate Law News, Government Law News, Legal News, Personal Injury Law News, Public Entity Law News Tagged With: § 831.7, 242 Cal.App.4th 460, Government Code, Government Code section 831.7, Govt.Code § 831.7, section 831.7

Personal Email Account Used For Public Business…Why Does That Sound Familiar? 

December 19, 2015 by

Public Records Act

The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.

Filed Under: Appellate Law News, Discovery Law News, Government Law News, Legal News, Public Entity Law News Tagged With: § 6250, 241 Cal.App.4th 976, Gov.Code, Gov.Code § 6250, Government Code, Government Code section 6250, section 6250

OMG. . . A Subway In 90210!!

December 8, 2015 by

environmental attorney

To reach a subway station, a planned subway will travel under Beverly Hills High School. Both the City of Beverly Hills and the Beverly Hills Unified School District objected to the placement of a subway tunnel under the high school or any other properties located in Beverly Hills. Their objection was based on the environmental […]

Filed Under: Appellate Law News, Environmental Law News, Government Law News, Legal News, Public Entity Law News Tagged With: 193 Cal.Rptr.3d 846, 241 Cal.App.4th 627

Pay The Two Dollars.

November 4, 2015 by

uniformed men standing outdoors in a line

Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park.  An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]

Filed Under: Appellate Law News, Legal News, Public Entity Law News, Vehicle Code Law News Tagged With: § 21, 191 Cal.Rptr.3d 59, 239 Cal.App.4th 541, section 21, Veh.Code § 21, Vehicle Code section 21

“Electricity Is Just Organized Lightening.” — George Carlin.

May 22, 2015 by Leave a Comment

IIED and negligence

In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]

Filed Under: Appellate Law News, Emotional Distress Law News, Legal News, Negligence Law News, Personal Injury Law News, Public Entity Law News, Trial Law News

Privilege Waived In Inadvertent Disclosure Of Documents.

March 8, 2015 by Leave a Comment

Privilege

During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]

Filed Under: Appellate Law News, Discovery Law News, Government Law News, Legal News, Public Entity Law News

Competitive Bids Not Required For School District.

December 3, 2014 by Leave a Comment

Competitive Bids

The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]

Filed Under: Appellate Law News, Construction Law News, Contract Law News, Legal News, Public Entity Law News

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Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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