The Mellor Law Firm, APLC

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

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
    • Mechanic’s Lien
  • Case Handling
  • Clients
  • Blog
  • Contact

Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.

March 11, 2016 by

home destroyed - Burden Of Proof

In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important or predominant cause is a covered risk. (CACI No. 2306.) Defendant instead proposed a special jury instruction placing on plaintiff the burden of proving the collapse of the house was “caused only by one or more” of the perils listed in the policy, and that there was no coverage if the cause of the collapse involved any peril other than those listed.

Filed Under: Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News Tagged With: 197 Cal.Rptr.3d 195, 243 Cal.App.4th 779, CACI No. 2306

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

Tenant Not Paying Rent? Here’s What California Landlords Can Legally Do

May 8, 2026 By Mark Mellor

Managing an investment property usually goes smoothly until the first of the month comes and goes without a deposit. Dealing with a tenant not paying rent is one of the most stressful situations a property owner can face. You rely on that income to cover mortgages, taxes, and … Read More...

A Guide to Understanding “Material Breach” in Construction Contracts

May 4, 2026 By Mark Mellor

Building a new home or renovating an office space is a major project. You hire contractors, sign agreements, and expect the work to be completed as promised. But what happens when things go completely off track? If a contractor fails to deliver on the core promises of your … Read More...

Essential Elements for a Strong Shareholder Agreement in California

May 1, 2026 By Mark Mellor

Imagine you and your college roommate finally open that tech consultancy you’ve been dreaming about. The launch party is great, clients are signing up, and revenue is flowing. But two years later, your partner decides they want to move to a cabin in the woods and stop working, … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • Tenant Not Paying Rent? Here’s What California Landlords Can Legally Do
  • A Guide to Understanding “Material Breach” in Construction Contracts
  • Essential Elements for a Strong Shareholder Agreement in California
  • Latent vs. Patent Defects: What’s the Difference and Why It Matters

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

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

The Mellor Law Firm, APLC © 2026. All Rights Reserved.