The Mellor Law Firm, APLC

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Strict Time Limits For Court To Rule On Motion To Vacate Judgment.

February 26, 2016 by

Motion To Vacate Judgment

Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.

Filed Under: Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 663a, 197 Cal.Rptr.3d 61, 243 Cal.App.4th 470, CCP § 663a, Civ.Proc., Civ.Proc. § 663a, Code of Civil Procedure section 663a, section 663a

Superior Court Abused Its Discretion In Sanction Order Over Discovery Issue.

February 22, 2016 by

superior court sanction

In a personal injury action, the trial court granted defendant’s Motion in Limine and excluded three of plaintiff’s proposed witnesses as an evidence sanction for failure to respond completely to an interrogatory. Defendant had sent form interrogatory 12.1 asking about witnesses who witnessed “the incident,” and plaintiff responded with the name and address of one witness.

Filed Under: Appellate Law News, Discovery Law News, Legal News, Trial Law News Tagged With: 196 Cal.Rptr.3d 168, 243 Cal.App.4th 269

Nonsuit In Underlying Case Paves Some Of The Way Toward A Malicious Prosecution Action.

December 14, 2015 by

The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute

Filed Under: Anti-SLAPP Law News, Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 425.16, 193 Cal.Rptr.3d 912, 241 Cal.App.4th 861, CCP § 425.16, Civ.Proc. § 425.16, Code of Civil Procedure section 425.16, section 425.16

Equal Justice Under Law As Long As You Pay For It.

December 1, 2015 by

equal justice under law

Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”

Filed Under: Appellate Law News, Legal News, Personal Injury Law News, Procedural Law News, Trial Law News Tagged With: 241 Cal.App.4th 491

One Trial Judge Cannot Overrule Another Trial Judge.

September 29, 2015 by admin

In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]

Filed Under: Appellate Law News, Legal News, Procedural Law News, Short Sale News, Trial Law News Tagged With: 190 Cal.Rptr.3d 436, 238 Cal.App.4th 1242

“Rules Are For Children. This Is War, And In War The Only Crime Is To Lose,” Joe Abercrombie.

September 14, 2015 by

During the trial of a personal injury action, defense counsel asked questions in clear violation of the trial court’s in limine orders. The trial court sustained each of plaintiff counsel’s objections, but defense counsel continued to violate the in limine orders. The Court of Appeal reversed the judgment in favor of the defendant, stating: “Because […]

Filed Under: Appellate Law News, Ethics Law News, Legal News, Trial Law News Tagged With: 189 Cal.Rptr.3d 325, 238 Cal.App.4th 559

Jury Trial For Claim Of Express Indemnity.

September 11, 2015 by

Express Indemnity

Following summary judgments and settlements in litigation resulting from severe injuries in a hotel swimming pool, the only issues remaining were those raised in a cross-complaint brought by a party and its insurance company against the pool company to recover the amount it spent on the litigation based on a claim of express indemnity. The […]

Filed Under: Appellate Law News, Contract Law News, Indemnity Law News, Legal News, Trial Law News Tagged With: § 337.1(a), 189 Cal.Rptr.3d 259, 238 Cal.App.4th 468, CCP § 337.1(a), Civ.Proc., Civ.Proc. § 337.1(a), Code of Civil Procedure section 337.1, section 337.1 subdivision (a), subdivision (a)

Stipulation To Continue Trial Past The Five-Year Statute.

September 8, 2015 by

A minor was injured by a falling tree branch in a park and sued a City. Trial was set for January 14, 2013, and on January 8, 2013, the parties entered into a written stipulation to continue trial to October 28, 2013. On October 14, 2013, the parties entered into a second stipulation to continue […]

Filed Under: Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 583.310, § 583.360, 189 Cal.Rptr.3d 590, 238 Cal.App.4th 354, CCP § 583.310, CCP § 583.360, Civ.Proc., Civ.Proc. § 583.310, Civ.Proc. § 583.360, Code of Civil Procedure section 583.310, Code of Civil Procedure section 583.360, section 583.310, section 583.360

Federal Trial Court Not Required To Replace Ill Juror.

July 31, 2015 by

Juror

After a 12-member jury in a criminal trial had deliberated for more than a day and had received answers to five substantive questions, one jurors was excused for illness. Later the same day, the jury returned a guilty verdict. The defendant argued that under Federal Rules of Criminal Procedure, rule 23(b)(3), the court abused its […]

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, Trial Law News Tagged With: 784 F.3d 1301, rule 23(b)(3)

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

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Recent News

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...

Understanding the Statute of Limitations for Wrongful Death Claims

March 31, 2025 By Mark Mellor

Losing a loved one is one of the most difficult experiences anyone can endure. When their passing is due to someone else’s negligence or misconduct, the pain can be compounded by the need to pursue justice. However, the law grants only a limited amount of time to take legal … Read More...

From Quitclaim to Warranty: A Look at Property Deeds

February 19, 2025 By Mark Mellor

Whether you're buying your first home or transferring property to a family member, understanding property deeds is critical. These seemingly simple documents are the backbone of every real estate transaction, ensuring legal ownership and protection for all parties involved. But … 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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