The Mellor Law Firm, APLC

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

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After Partial Payment In Medical Malpractice Action, Patient Was Not Informed Of Statute Of Limitations.

March 30, 2015 by Leave a Comment

Medical Malpractice Action

After surgery, a patient suffered an infection. The bacteria that infected the patient’s knee apparently survived the sterilization process at the surgical facility. The bacteria was found on a surgical sponge. The doctor paid the patient $4,118.23 for the medical expenses he incurred for treatment of the infection. Fifteen months later, the patient sued the […]

Filed Under: Appellate Law News, Insurance Law News, Legal News, Malpractice Law News, Statute of Limitations Law News

Statute Of Limitations In Medical Setting.

December 23, 2014 by Leave a Comment

Statute Of Limitations

Plaintiff alleged a doctor committed battery and inflicted IIED.  The trial court dismissed plaintiff’s action, after concluding the CCP § 340’s one-year statute of limitations, and not the general personal injury two-year limitations period, applies. In affirming, the appellate court explained: “We must look past the labels [plaintiff] uses and examine the specific conduct [plaintiff] […]

Filed Under: Appellate Law News, Legal News, Malpractice Law News, Statute of Limitations Law News

Discrimination Allegations In Health Care To Deaf Woman.

August 6, 2014 by Leave a Comment

Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]

Filed Under: Americans With Disabilities Act Law News, Discrimination Law News, Health Care Law News, Legal News, Ninth Circuit Court of Appeal Law News, Statute of Limitations Law News

Copyright Action Over The Film “Raging Bull” Timely Filed.

July 22, 2014 by Leave a Comment

Copyright

In 1980, MGM released and registered a copyright in the film “Raging Bull,” and continues to market the film today. The owner of the screenplay copyrighted in 1963 filed a copyright infringement action against MGM in 2009. A federal district court granted summary judgment to MGM under the doctrine of laches, and the Ninth Circuit affirmed. The […]

Filed Under: Copyright Law News, Legal News, Statute of Limitations Law News, U.S. Supreme Court

Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.

June 24, 2014 by Leave a Comment

Equitable Tolling

Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]

Filed Under: Appellate Law News, Business Law News, Legal News, Personal Injury Law News, Procedural Law News, Real Estate Law News, Statute of Limitations Law News, Workers Compensation Law News

Appellate Courts Split On Which Statute Of Limitations Applies For Malicious Prosecution Against Attorneys.

June 23, 2014 by Leave a Comment

Statute Of Limitations

When attorneys were sued for malicious prosecution 13 months after resolution of the underlying action, they brought a motion to strike, citing the one-year statute of limitations under Code of Civil Procedure section 340.6 and Vafi v. McCloskey (2011) 193 Cal.App. 4th 874, [122 Cal.Rptr.3d 608], which held that the one-year statute applied in a […]

Filed Under: Appellate Law News, Legal News, Malicious Prosecution, Procedural Law News, Statute of Limitations Law News

Everyone’s Worst Wrongful Death Nightmare

June 12, 2014 by Leave a Comment

Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until […]

Filed Under: Appellate Law News, Legal News, Negligence Law News, Procedural Law News, Statute of Limitations Law News, Wrongful Death Law News

No Equitable Tolling For Parents That Abduct Children.

May 9, 2014 by Leave a Comment

Equitable Tolling

When a parent abducts a child and flees to another country, the Hague Convention requires that country to return the child immediately if the parent requests return of the child within one year.  In this case, the mother and child disappeared from the United Kingdom in 2008, and the father did not locate them in […]

Filed Under: Children Law News, International Law News, Legal News, Procedural Law News, Statute of Limitations Law News, U.S. Supreme Court

Read The Contract Under ERISA!

January 29, 2014 by Leave a Comment

The plaintiff filed a claim for long term disability benefits with an insurance company in a plan covered by ERISA [Employee Retirement Income Security Act of 1974; 29 U.S.C. § 1132(a)(1)(B)]. ERISA does not specify a statute of limitations for filing suit, but a cause of action does not accrue until the plan issues a final […]

Filed Under: Contract Law News, ERISA Law News, Legal News, Statute of Limitations Law News, U.S. Supreme Court

Still Pursuing Art Stolen By Nazis.

January 22, 2014 by Leave a Comment

Nazis

Plaintiffs allege their ancestors “were a well-known Jewish family that played a prominent role in Germany’s economic and cultural life” and purchased a painting of artist Camille Pissarro in 1898. As a condition to leaving Germany in 1939, the family was required to surrender the painting to the Nazis. In 1943, the painting was sold to an […]

Filed Under: International Law News, Legal News, Ninth Circuit Court of Appeal Law News, Procedural Law News, Statute of Limitations Law News

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Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

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  • Business Law
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  • Common Types of Real Estate Fraud
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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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