The Mellor Law Firm, APLC

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

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Shame On The Legal Profession.

January 30, 2016 by

In a breach of contract/breach of fiduciary duty/elder abuse action, a lawyer representing himself threatened opposing counsel with pepper spray and a stun gun at a deposition. When defendants moved for terminating sanctions, the lawyer plaintiff included in his opposition that the trial judge was a “former D.A. currently masquerading as a Superior Court Judge” and was defense counsel’s “pet dog.”

Filed Under: Appellate Law News, Discovery Law News, Legal News, Sanctions Law News Tagged With: 195 Cal.Rptr.3d 868, 242 Cal.App.4th 1265

“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.

December 31, 2015 by

terminating sanctions trial court

The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Divorce Law News, Family Law News, Legal News, Sanctions Law News Tagged With: § 2030, § 271, 242 Cal.App.4th 529, Fam.Code § 2030, Fam.Code § 271, Family Code section 2030, Family Code section 271, section 2030, section 271

Sanctions Awarded Against Nonparty Who Brought Motion To Quash.

January 23, 2015 by Leave a Comment

Sanctions

In marital dissolution proceedings, the husband issued a subpoena seeking the wife’s bank records.  Unbeknownst to the husband, some of the wife’s father’s financial information was contained in those accounts. The wife’s father filed a motion to quash on September 5 arguing he had been given insufficient notice of the subpoena. A hearing date of […]

Filed Under: Appellate Law News, Discovery Law News, Legal News, Sanctions Law News

Sanctions Against Lawyer Reversed.

October 16, 2014 by Leave a Comment

Plaintiff sued the State of California for dangerous condition of public property. Discovery disclosed the State did not own, control or maintain the property, and the State warned the plaintiff’s lawyer that it would seek sanctions pursuant to Code of Civil Procedure section 1038, if the complaint was not dismissed, which provides for mandatory defense […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News, Procedural Law News, Sanctions Law News

Courts Don’t Like Discovery Gotcha Tactics.

April 7, 2014 by Leave a Comment

Discovery responses to requests for admissions [RFAs] were served four days late, subsequent to the responding party twice being ignored after requesting a two-week extension to respond. The requesting party moved the trial court to have all 119 RFAs deemed admitted pursuant to Code of Civil Procedure section 2033.280 (b). The court deemed discovery consisting of […]

Filed Under: Appellate Law News, Discovery Law News, Ethics Law News, Legal News, Sanctions Law News

Discovery Abuses: Play Nice Or Pay The Price!

March 22, 2014 by Leave a Comment

discovery abuses

The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]

Filed Under: Appellate Law News, Discovery Law News, Ethics Law News, Legal News, Procedural Law News, Sanctions Law News

No Code of Civil Procedure section 128.7 Sanctions For Proceeding With Arbitration.

January 14, 2014 by Leave a Comment

At the time the trial court confirmed an arbitration award in favor of defendants, it also denied a separate defense motion for sanctions made under Code of Civil Procedure section 128.7 for advancing frivolous claims. The appellate court noted the primary purpose of section 128.7 is deterrence of filing abuses, not to provide compensation for those […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News, Procedural Law News, Sanctions Law News

Violation Of State Bar Rules Of Professional Conduct Court Sanctions Reversed.

January 13, 2014 by Leave a Comment

A lawyer was sanctioned $43,000 under California Rules of Court, rule 2.30(b) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her by acting as counsel at trial. In reversing, the appellate court stated:  “As rule 2.30(b) does not authorize sanctions for violations of the Rules […]

Filed Under: Appellate Law News, Attorney-Client / Attorney Work Product Law News, Ethics Law News, Legal News, Sanctions Law News

Notice And Hearing Required Before Court May Order Sanctions.

December 30, 2013 by Leave a Comment

In Marriage of Duris (Cal. App. Second Dist., Div. 6; March 14, 2011) 193 Cal.App.4th 510, [123 Cal.Rptr.3d 150], the court conducted a hearing on a motion to modify child support. At the conclusion of the hearing, the court ordered the moving party to pay $10,000 in sanctions because of “unnecessary legal activity.” The Court of Appeal reversed. […]

Filed Under: Appellate Law News, Divorce Law News, Family Law News, Legal News, Procedural Law News, Sanctions Law News

“The Trouble With Law Is Lawyers”—Clarence Darrow.

September 18, 2013 by Leave a Comment

Toshiba

A lawyer filed a class action lawsuit against Toshiba on behalf of a class of purchasers of laptops which had an electrostatic discharge problem. The trial court awarded $165,000 in sanctions against the lawyer and awarded her no attorney fees, even though she requested $24 million. The appellate court described in detail “the arduous procedural […]

Filed Under: Appellate Law News, Attorney's Fees News, Class Action Law News, Legal News, Sanctions Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

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

January 18, 2023 By Mark Mellor

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...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

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
Fax: (951) 222-2122
10.0Mark Albert Mellor

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