The Mellor Law Firm, APLC

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

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Petition Denied; Had It Been Granted, It Would Have Resulted In 1,491 Mini-Trials.

January 18, 2016 by

environmental contamination lawsuit

A mass tort litigation over environmental contamination beneath a housing track settled, and the court was called upon to address whether a government-ordered environmental cleanup was part of the settlement consideration, and whether a good faith settlement could be approved without an individualized allocation of the settlement proceeds among the numerous plaintiffs and between their economic and noneconomic damages.

Filed Under: Appellate Law News, Environmental Law News, Legal News, Settlement Law News Tagged With: 195 Cal.Rptr.3d 461, 242 Cal.App.4th 894

Jury Should Have Been Told Of Pretrial Settlement.

November 10, 2015 by

Plaintiff was injured in a car accident and sued alleging the drivers and owners of two other vehicles were at fault. One of the defendants settled with plaintiff, but a provision in the settlement required that defendant appear and participate as a party defendant at trial. A jury found the other defendant 60 percent liable […]

Filed Under: Appellate Law News, Legal News, Settlement Law News Tagged With: 191 Cal.Rptr.3d 438, 239 Cal.App.4th 828

Structured Settlement Protection Act Applied.

November 10, 2015 by

The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]

Filed Under: Appellate Law News, Insurance Law News, Legal News, Settlement Law News Tagged With: § 10134, § 10139.5, 190 Cal.Rptr.3d 917, 239 Cal.App.4th 741, Ins.Code, Ins.Code  § 10139.5, Ins.Code § 10134, Insurance Code, Insurance Code section 10134, Insurance Code section 10139.5, section 10134, section 10139.5

Law Firm Of Attorney Who Volunteered To Conduct A Settlement Conference & Received Confidential Information Cannot Later Represent A Party To The Action.

August 31, 2015 by

An attorney served as a settlement officer in a mandatory settlement conference conducted by a judge and two volunteer attorneys in a case which did not settle. Later, the law firm of the attorney substituted in to represent the defendant in the same action. The trial court denied a motion to disqualify the law firm. […]

Filed Under: Appellate Law News, Ethics Law News, Legal News, Settlement Law News Tagged With: 188 Cal.Rptr.3d 889, 237 Cal.App.4th 1434

Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.

August 29, 2015 by

The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part:  “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Procedural Law News, Settlement Law News Tagged With: 188 Cal.Rptr.3d 844, 237 Cal.App.4th 1342

Posttrial Award Of Expert Fees Under Civ.Proc. § 998.

June 3, 2015 by Leave a Comment

Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court […]

Filed Under: Appellate Law News, Expert Witness Law News, Legal News, Settlement Law News, Trial Law News

Lemon Law Case.

May 14, 2015 by Leave a Comment

The purchaser of a luxury automobile which had numerous problems eventually brought a lemon law action [Song-Beverly Consumer Warranty Act; Civil Code section 1790, et seq]. The car manufacturer served the consumer with an offer to compromise under California Code of Civil Procedure section 998, which stated: “Pursuant to California Civil Code section 1793.2(d)(2), MBUSA […]

Filed Under: Legal News, Lemon Law News, Product Liability Law News, Settlement Law News

Printed Name At The Bottom Of Several E-mails Not Enough To Show There Was A Settlement.

March 25, 2015 by Leave a Comment

Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails coupled with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]

Filed Under: Appellate Law News, Internet Law News, Legal News, Settlement Law News

Printed Name At The Bottom Of An Email Not Enough To Show There Was A Settlement.

March 23, 2015 by Leave a Comment

Settlement

Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails couple with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]

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

Clear Sailing Attorneys’ Fees Provision In Class Action Settlement Upheld.

February 23, 2015 by Leave a Comment

Attorneys' Fees

After the trial court approved a class action settlement, overruling the objections of a member of the class, the class member appealed.  The class member argued the notice to the class members denied them due process because the nature and timing of the settlement approval procedure set forth in the notice was unfair, and because […]

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