The Mellor Law Firm, APLC

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

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Kids Burning Bridges Behind Them.

June 5, 2014 by Leave a Comment

continuation high school

After admitting he smoked marijuana shortly before coming to school, a student was transferred to a continuation high school during his senior year. He sought a writ of administrative mandate in the superior court, which the court denied. On appeal, he contended Education Code section 48432.5 demands reasonable exhaustion of all other means of correction […]

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

Another Water Issue; This One Involving Eminent Domain.

May 23, 2014 by Leave a Comment

The State of California seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed. The question in this case is whether or not […]

Filed Under: Appellate Law News, Eminent Domain Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

No Spot Zoning Removal Here.

March 3, 2014 by Leave a Comment

A church desired to build a senior citizen living community in an unincorporated area of a county. The Board of Supervisors created a new zoning definition for senior residential housing, and determined the project was in compliance. Several community groups associated and challenged the Board in a petition for writ of mandate in the superior court, […]

Filed Under: Appellate Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

Cost Of Subpoenaed Peace Officer — Attorney May Be Liable For Reimbursing Public Agency.

January 2, 2014 by Leave a Comment

subpoenaed

Government Code section 68097.2 provides that when a peace officer is subpoenaed, “the party at whose request the subpoena is issued” must reimburse the public entity. In Maddox v. City of Costa Mesa (Cal. App. Fourth Dist., Div. 3; March 24, 2011) 193 Cal.App.4th 1098, [122 Cal.Rptr.3d 629], the attorney signed the subpoena. When presented with a […]

Filed Under: Appellate Law News, Legal News, Procedural Law News, Public Entity Law News

No Attorney-Client Relationship Created In Agreement To Be Available On Future Legal Matters.

January 1, 2014 by Leave a Comment

Attorney-Client Privilege

In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Contract Law News, Legal News, Public Entity Law News

Tragic Circumstances: Mandatory Duty.

December 19, 2013 by Leave a Comment

Mandatory Duty

Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]

Filed Under: Appellate Law News, Criminal Law News, Health and Safety, Health Care Law News, Legal News, Public Entity Law News

No Facts In Opposition To Motion For Summary Judgment.

December 9, 2013 by Leave a Comment

summary judgment

A police department solicited bid proposals for its official police towing and storage. A towing company who did not get the bid brought an action against the city and three city council members, claiming the city council members had a conflict of interest and should not have voted on the bid. The trial court granted summary […]

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

Public/Private Agreements & Attorney Fees.

November 29, 2013 by Leave a Comment

Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]

Filed Under: Appellate Law News, Arbitration Law News, Attorney's Fees News, Construction Law News, Contract Law News, Government Law News, Legal News, Public Entity Law News

For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.

November 20, 2013 by Leave a Comment

Public Property

Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]

Filed Under: Appellate Law News, Government Law News, Legal News, Negligence Law News, Personal Injury Law News, Public Entity Law News, Real Estate Education, Real Estate Law News, Summary Judgment Law News

Developer Dilemma.

November 16, 2013 by Leave a Comment

As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Easement and Property Rights Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

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...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … 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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