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Federal Court Judgment Reversed Due To Evidentiary Error.

January 14, 2016 by

Evidentiary The Petroleum Marketing Practices Act [PMBA; 15 U.S.C. §§ 2801-2806] regulates oil franchises. During the trial of an action about allegations an oil company failed to make a bona fide offer to sell property, as required by the PMBA, an evidentiary issue arose. Plaintiff, the owner of a gas station franchise, testified he never reviewed a certain appraisal. The trial court rejected attempts by the lawyer for the oil company to impeach the witness with his deposition testimony because the deposition did not contain contrary evidence. A jury returned a plaintiff’s verdict for almost a half million dollars. The Ninth Circuit reversed, stating: “As a matter of first impression, we hold that when a party acts in conformity with the contents of a document—e.g., by giving an independent appraisal to a lender in support of accomplishing its objective to secure a commercial loan—such an action constitutes an adoption of the statements contained therein even if the party never reviewed the document’s contents. We further hold that such an action constitutes an adoption even if the third party never itself uses or relies on the document.” (Transbay Auto Serv. v. Chevron USA Inc. (Ninth Cir.; November 30, 2015) 807 F.3d 1113.)

Filed Under: Evidentiary Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 15 U.S.C. §§ 2801-2806, 807 F.3d 1113

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Recent News

What Is a Deed of Trust in California Real Estate?

September 21, 2026 By Mark Mellor

Quick answer: A deed of trust is a legal document used in California to secure a monetary loan with real property itself. It involves three parties: the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee) who holds legal title until the loan is fully … Read More...

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Quick Answer: To dissolve an LLC in California, review your operating agreement, hold a member vote, wind up business affairs, and distribute remaining assets. Then file a Certificate of Dissolution and Certificate of Cancellation with the Secretary of State, submit your final … Read More...

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September 11, 2026 By Mark Mellor

Quick answer: Hiring an unlicensed contractor in California can leave you without legal protections, financially exposed, and personally liable for injuries on your property. California law gives homeowners significant leverage against unlicensed contractors, including the right … Read More...

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  • Experienced Foreclosure Attorney Serving Riverside Homeowners
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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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