The Mellor Law Firm, APLC

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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

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 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?

December 18, 2020 By Mark Mellor

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
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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10.0Mark Albert Mellor

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