The Mellor Law Firm, APLC

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Discovery Propounded By Judgment Creditor.

March 9, 2016 by

A judgment creditor of a $47 million judgment, as part of its efforts to enforce the judgment, propounded requests for production of documents pursuant to Code of Civil Procedure section 708.030 and later brought a motion to compel. The trial court granted the motion to compel and the judgment debtor appealed. After deciding it is […]

Filed Under: Appellate Law News, Discovery Law News, Legal News Tagged With: § 708.030, 196 Cal.Rptr.3d 533, 243 Cal.App.4th 741, CCP § 708.030, Civ.Proc., Civ.Proc. § 708.030, Code of Civil Procedure section 708.030, section 708.030

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

Attorney Fees Award Reversed And Remanded For Trial Court To Provide A Specific Explanation For The Award.

February 11, 2016 by

A man was falsely accused of sexual activity and held to answer after a preliminary hearing during which a fabricated lab report was used as evidence. After the charges were dismissed, the man sued a City and a police officer for violation of his civil rights under 42 U.S.C. § 1983. Immediately prior to trial, the parties settled the dispute and the man sought attorney fees in the amount of $1,448,397 based on 2,249.9 hours of compensable attorney hours and costs of $72,255. The trial court awarded $436,807.50 for fees and $23,935.07 for costs.

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Legal News Tagged With: § 1021.5, 196 Cal.Rptr.3d 252, 243 Cal.App.4th 88, 42 U.S.C. § 1983, CCP § 1021.5, Civ.Proc., Civ.Proc. § 1021.5, Code of Civil Procedure section 1021.5, section 1021.5

Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.

February 11, 2016 by

Mental Examination

The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.

Filed Under: Appellate Law News, Children Law News, Legal News Tagged With: § 2032.020, 196 Cal.Rptr.3d 317, 243 Cal.App.4th 138, CCP § 2032.020, Civ.Proc., Civ.Proc. § 2032.020, Code of Civil Procedure section 2032.020, section 2032.020

Summary Judgment Reversed In Wrongful Termination Action.

February 8, 2016 by

More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act

Filed Under: Appellate Law News, Disability Law News, Discrimination Law News, Legal News, Summary Judgment Law News, Wrongful Termination Law News Tagged With: § 12900, § 335.1, 196 Cal.Rptr.3d 68, 242 Cal.App.4th 1367, Civ.Proc., Civ.Proc. § 335.1, Code of Civil Procedure section 335.1, Govt.Code § 12900, section 335.1

No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.

January 5, 2016 by

The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]

Filed Under: Appellate Law News, Landlord Tenant Law News, Legal News, Unlawful Detainer Law News Tagged With: §§ 1159-1179a, 146 Cal.App.3d 1033, 194 Cal.Rptr. 685, 242 Cal.App.4th 607, Civ.Proc., Civ.Proc. §§ 1159-1179a, Code of Civil Procedure sections 1159-1179a, sections 1159-1179a

“Governments Have Monopolies On Certain Things, Like Eminent Domain And Deadly Force,” P.J. O’Rourke.

December 31, 2015 by

A public school sits next to a large piece of private property in a downtown area. The school district requested the trial court to grant it a right to enter the private property to conduct certain investigations and environmental testing under Eminent Domain law, [Code of Civil Procedure section 1245.010, et seq.], with an eye toward potentially expanding the existing school and constructing other school facilities.

Filed Under: Appellate Law News, Eminent Domain Law News, Legal News Tagged With: § 1245.010, 242 Cal.App.4th 356, CCP § 1245.010, Civ.Proc., Civ.Proc. § 1245.010, Code of Civil Procedure section 1245.010, section 1245.010

Informed Exercise Of Discretion In Request To Renew Restraining Order.

December 24, 2015 by

Out of the blue, a woman started receiving letters saying strange and scary things, from a man she knew in high school decades earlier. She requested a restraining order under Code of Civil Procedure section 527.6, and the court issued the order. At a 2014 hearing wherein the woman requested the court to renew the order,

Filed Under: Appellate Law News, Legal News Tagged With: § 527.6, 194 Cal.Rptr.3d 772, 242 Cal.App.4th 77, Civ.Proc., Civ.Proc. § 527.6, Code of Civil Procedure section 527.6, section 527.6

Default Judgment Void & Statement Of Damages Rejected In Non-P.I. Default.

December 17, 2015 by

After a business relationship went south, plaintiff filed a complaint for damages in 2004. The prayer was for general and special damages according to proof. Default was entered in 2005. A statement of damages alleging damages for over $2 million was filed and served, and at the prove-up hearing, the trial court awarded almost that much.

Filed Under: Appellate Law News, Damages Law News, Legal News, Procedural Law News Tagged With: § 425.11, § 425.115, § 580, 241 Cal.App.4th 963, Civ.Proc., Civ.Proc. § 425.11, Civ.Proc. § 425.115, Civ.Proc. § 580, Code of Civil Procedure section 425.115, Code of Civil Procedure section 580, section 425.11, section 425.115, section 580

Previously We Reported: Legal Malpractice Statute Of Limitations.

November 17, 2015 by

Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]

Filed Under: Attorney's Fees News, California Supreme Court Law News, Legal News, Malpractice Law News Tagged With: § 340.6, 191 Cal.Rptr.3d 536, 354 P.3d 334, 61 Cal.4th 1225, CCP § 340.6, Civ.Proc., Civ.Proc. § 340.6, Code of Civil Procedure section 340.6, rule 4-200, section 340.6

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

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Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … Read More...

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The Mellor Law Firm, APLC
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