The Mellor Law Firm, APLC

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New Laws In 2019 For Real Estate Disclosures In California

December 28, 2018 by Mark Mellor

Assembly Bill (AB) 1289 recently made several changes to real estate disclosure requirements. These changes are effective January 1, 2019. One decidedly positive change the new law has made is to move legislative language away from the more antiquated terms, “selling agent” and “listing agent” in favor of the clearer and more universally recognized “buyer’s agent” and […]

Filed Under: Legal News, Real Estate Law News Tagged With: Civ.Code

No Age Discrimination By Athletic Club.

January 30, 2016 by

discrimination

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

Contract Negotiated In A Foreign Language.

January 12, 2016 by

contract

Plaintiffs purchased a used automobile after negotiations were conducted in Spanish. When a dispute arose, plaintiffs sued the automobile sales company. Defendant moved for arbitration, attaching a Spanish translation of the underlying sales contract, which included an arbitration agreement, in its petition. Plaintiffs produced a Spanish translation of the underlying sales contract, which contained no arbitration agreement.

Filed Under: Appellate Law News, Contract Law News, Legal News Tagged With: § 1632, § 1632(a), § 1632(b), Civ.Code, Civ.Code § 1632, Civ.Code § 1632(b), Civil Code, Civil Code section 1632, section 1632, subd. (a)(1), subd. (b)

Unconscionability Findings In Arbitration Agreements Still Possible In Other Than Class Action Waivers.

October 27, 2015 by

When the named plaintiff in a class action against a holding company purchased a car, he signed an arbitration agreement which contained a class action waiver. The trial court denied the defendant’s motion to compel arbitration, finding the class waiver unenforceable on the ground the California Legal Remedies Act [CLRA; Civil Code sections 1750-1784] declares the […]

Filed Under: Arbitration Law News, California Supreme Court Law News, Class Action Law News, Legal News Tagged With: §§ 1750-1784, 131 S.Ct. 1740, 179 L.Ed.2d 742, 190 Cal.Rptr.3d 812, 353 P.3d 741, 563 U.S. 333, 61 Cal.4th 899, Civ.Code, Civ.Code §§ 1750-1784, Civil Code, Civil Code sections 1750-1784, sections 1750-1784

I Know What You’re Watching: Federal Video Privacy Protection Act.

October 26, 2015 by

Video Privacy Protection Act

When Netflix subscribers, family members, friends or guests of a Netflix subscriber log onto the subscriber’s account, the viewing history of each is available. The federal Video Privacy Protection Act [VPPA; 18 U.S.C.  2710] was enacted in 1988 in response to a newspaper’s publication of U.S. Supreme Court nominee Robert Bork’s video rental history. The […]

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, Privacy Law News Tagged With: § 1799.3, 18 U.S.C.  2710, 795 F.3d 1062, Civ.Code, Civ.Code § 1799.3, Civil Code, Civil Code section 1799.3, section 1799.3

Lemon Law.

September 18, 2015 by

Plaintiff purchased a used automobile from a private party, and thereafter sued Ford Motor Co. alleging violations of the Song-Beverly Consumer Warranty Act [Civil Code section 1790 et seq.]. Ford’s motion for summary judgment was granted because Civil Code section 1791(l) requires the seller to be a “retail seller” engaged in the business of selling […]

Filed Under: Appellate Law News, Legal News, Lemon Law News Tagged With: § 1790, §1791(l), 15 USC § 2301, 190 Cal.Rptr.3d 261, 238 Cal.App.4th 905, Civ.Code, Civ.Code § 1790, Civ.Code §1791(l), Civil Code, Civil Code section 1790, Civil Code section 1791(l), section 1790, section 1791(l)

Disabled Plaintiff May Proceed Under Both Disabled Persons Act And The Unruh Civil Rights Act.

September 17, 2015 by

Plaintiff, who is disabled, was denied service at defendant’s restaurant due to presence of plaintiff’s service dog. After hearing various motions, the trial court concluded plaintiff could assert a claim under the Disabled Persons Act [DPA; Civil Code section 54055.3], but not under the Unruh Civil Rights Act [Civil Code sections 51, 52]. Plaintiff voluntarily […]

Filed Under: Appellate Law News, Disability Law News, Legal News Tagged With: § 51, § 52, § 54055.3, 190 Cal.Rptr.3d 33, 238 Cal.App.4th 930, Civ.Code, Civ.Code § 51, Civ.Code § 52, Civ.Code § 54055.3, Civil Code, Civil Code section 51, Civil Code section 52, Civil Code section 54055.3, section 51, section 52, section 54055.3

Take My Word For It. . .The Foreclosure Sale Was Canceled.

July 30, 2015 by

A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]

Filed Under: Foreclosure Education, Foreclosure Law News, Legal News, Real Estate Education, Real Estate Law News Tagged With: § 1624(a)(3), § 1698, § 2922, 186 Cal.Rptr.3d 408, 236 Cal.App.4th 411, Civ.Code, Civ.Code § 1624(a)(3), Civ.Code § 1698, Civ.Code § 2922, Civil Code section 1624, Civil Code section 1624 subsection (a) subdivision (3), Civil Code section 1698, Civil Code section 2922, section 1698, section 2922, subdivision (3)

Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.

July 28, 2015 by

An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff.  The lawyer had negotiated the settlement on behalf of the client who later died. […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News, Probate Law News, Procedural Law News Tagged With: § 2883, 186 Cal.Rptr.3d 451, 236 Cal.App.4th 329, Civ.Code, Civ.Code § 2883, Civil Code, Civil Code section 2883, section 2883

Think Twice Before Suing; You Might End Up Paying Six Figures In Fees & Costs After You’ve Calmed Down.

July 28, 2015 by

trade secret

Plaintiff brought this action alleging that defendant misappropriated a trade secret, or was in the process of doing so, by seeking to hire away specialists in touchscreen technology, a field in which plaintiff and defendant compete. Defendant responded that it was entitled to solicit prospective employment candidates in plaintiff’s workforce and that there was no […]

Filed Under: Appellate Law News, Legal News, Trade Secret Law News Tagged With: § 3426.4, 186 Cal.Rptr.3d 486, 236 Cal.App.4th 243, Civ.Code, Civ.Code § 3426.4, Civil Code, Civil Code section 3426.4, section 3426.4

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Recent News

When Do I Need a Real Estate Lawyer?

January 14, 2019 By Mark Mellor

When you buy or sell real estate, you'll likely hear, "You should get an attorney." There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid … Read More...

New Laws In 2019 For Real Estate Disclosures In California

December 28, 2018 By Mark Mellor

Assembly Bill (AB) 1289 recently made several changes to real estate disclosure requirements. These changes are effective January 1, 2019. One decidedly positive change the new law has made is to move legislative language away from the more antiquated terms, “selling agent” … Read More...

What You Need to Know About Construction Defect Litigation

December 24, 2018 By Mark Mellor

When there is a defect in the material, workmanship or design of a building, it can bring about liability issues and costly expenses. These building flaws are known as construction defects, and they can endanger people's lives if the factors causing these defects are left … 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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