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

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
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10.0Mark Albert Mellor

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