The Mellor Law Firm, APLC

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“Justice Delyed Is Justice Denied,” William Gladstone. [Well …. Maybe Not.]

February 8, 2016 by

Racketeer Influenced and Corrupt Organizations Act

The original action, which included claims for violations of the Racketeer Influenced and Corrupt Organizations Act [RICO; 18 U.S.C. §§ 1961-68], was filed in 1993 against multiple defendants. The foreign defendants were dismissed from the action based upon forum non conviens, and, after two decades in a Singapore arbitration against those foreign defendants, plaintiff was awarded $9 million, which award was fully paid. Thereafter, plaintiff, the manufacturer and distributor of semiconductor products, proceeded in federal court against the defendants for relief under RICO’s treble damages provision.

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, RICO Law News, Summary Judgment Law News Tagged With: 18 U.S.C. §§ 1961-68

Summary Judgment Reversed In Wrongful Termination Action.

February 8, 2016 by

More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act

Filed Under: Appellate Law News, Disability Law News, Discrimination Law News, Legal News, Summary Judgment Law News, Wrongful Termination Law News Tagged With: § 12900, § 335.1, 196 Cal.Rptr.3d 68, 242 Cal.App.4th 1367, Civ.Proc., Civ.Proc. § 335.1, Code of Civil Procedure section 335.1, Govt.Code § 12900, section 335.1

No Age Discrimination By Athletic Club.

January 30, 2016 by

age discrimination by athletic club

An athletic club offers a range of membership levels, providing various privileges at one or more locations. The Young Professional program—at issue in this litigation—offers a reduced-cost membership for individuals ages 18 to 29, in recognition of the reduced financial resources of the under-30 age group. Launched in 2003, the program is offered at all but two of defendant’s facilities, and restricts access hours at two of defendant’s other facilities.

Filed Under: Appellate Law News, Discrimination Law News, Legal News, Summary Judgment Law News Tagged With: § 17200, § 51, 195 Cal.Rptr.3d 706, 242 Cal.App.4th 1386, Bus. & Prof. Code § 17200, Business and Professions Code section 17200, Civ.Code, Civ.Code § 51, Civil Code, Civil Code section 51, section 17200, section 51

Court Declined To Create A New Exception To The Collateral Estoppel Rule.

January 6, 2016 by

collateral estoppel rule

Years ago, the juvenile court terminated plaintiff’s parental rights to her daughter and the Court of Appeal affirmed, rejecting plaintiff’s contention of ineffective assistance of counsel by her appointed juvenile dependency lawyers. Thereafter, plaintiff filed the current action for legal malpractice against the same lawyers. The trial court granted the lawyers’ motion for summary judgment.

Filed Under: Appellate Law News, Collateral Estoppel and Res Judicata Law News, Legal News, Procedural Law News, Summary Judgment Law News Tagged With: 242 Cal.App.4th 1075

Motion For Summary Judgment Decided On Issue Not Briefed.

December 30, 2015 by

The appellate court decided a motion for summary judgment in favor of the moving party on an issue not briefed by the parties nor considered by the trial court.

Filed Under: Appellate Law News, Legal News, Summary Judgment Law News Tagged With: 242 Cal.App.4th 510

Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.

December 22, 2015 by

Summary Judgment

Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen.

Filed Under: Appellate Law News, Legal News, Negligence Law News, Product Liability Law News, Summary Judgment Law News Tagged With: 135 Cal.Rptr.3d 288, 194 Cal.Rptr.3d 243, 241 Cal.App.4th 1212, 266 P.3d 987, 53 Cal.4th 335

A Homeowner’s Nightmare.

December 21, 2015 by

man painting house on ladder - workers’ compensation attorney

Plaintiff was employed by a painting contractor which contracted with homeowners to paint the interior of their home. An hour into the job, plaintiff was injured when he fell 12-15 feet from a ladder provided by the contractor. It turns out that the painting contractor had informed the State he had no employees and was exempted from the requirement of having workers’ compensation coverage.

Filed Under: Appellate Law News, Legal News, Negligence Law News, Summary Judgment Law News, Workers Compensation Law News Tagged With: 241 Cal.App.4th 1044, 80 Cal. Comp. Cases 1311

Summary Judgment Reversed By California Supreme Court.

November 3, 2015 by

Summary Judgment

The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]

Filed Under: California Supreme Court Law News, Dangerous Condition on Property, Government Law News, Legal News, Personal Injury Law News, Summary Judgment Law News Tagged With: 190 Cal.Rptr.3d 850, 353 P.3d 773, 61 Cal.4th 1099

Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.

September 15, 2015 by

Gross Negligence

Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]

Filed Under: Legal News, Negligence Law News, Summary Judgment Law News, Tort Law News Tagged With: 189 Cal.Rptr.3d 449, 238 Cal.App.4th 632, 24 Hour Fitness USA

Summary Judgment In Favor Of A Defendant Who Was The Passenger In A Car Reversed.

August 28, 2015 by

summary judgment

Plaintiffs’ allegations are that a passenger in a car involved in a fatal accident “told the driver to drive at an unsafe speed over a road [the passenger] knew had unusual conditions that would cause the car to become airborne, resulting in the fatal accident.” The trial court granted summary judgment after concluding there was […]

Filed Under: Appellate Law News, Legal News, Personal Injury Law News, Summary Judgment Law News, Vehicle Code Law News Tagged With: § 21701, 188 Cal.Rptr.3d 623, 237 Cal.App.4th 1276, section 21701, Veh.Code § 21701, Vehicle Code section 21701

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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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