The Mellor Law Firm, APLC

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

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Statutory Interpretation.

January 28, 2016 by

statutory interpretation - gavel and handcuffs

The general rule is that statutes, including those clarifying existing law, do not operate retrospectively. In Western Security Bank v. Superior Court (1997) 15 Cal.4th 232 [62 Cal.Rptr.2d 243, 933 P.2d 507], the California Supreme Court held that, despite that general rule, when the Legislature promptly reacts to the emergence of a novel question of statutory interpretation by the courts, “[a]n amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act, where the amendment was adopted soon after the controversy arose concerning the proper interpretation of the statute.”

Filed Under: Appellate Law News, Criminal Law News, Legal News, Procedural Law News Tagged With: 15 Cal.4th 232, 195 Cal.Rptr.3d 568, 242 Cal.App.4th 1255, 62 Cal.Rptr.2d 243, 933 P.2d 507, Penal Code

Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda rights

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

Internet Games Just Like “One-Armed Bandits” (Slot Machines) & Violate California Law.

September 3, 2015 by

Internet cafes offer devices that resemble traditional casino-style slot machines in some ways and offer users the chance to win sweepstakes prizes, but because they employ modern technology, the devices differ from traditional slot machines in some ways. Pursuant to Penal Code section 330b, slot machines are illegal in California. In relevant part, the statute […]

Filed Under: California Supreme Court Law News, Internet Law News, Legal News Tagged With: § 330b, 189 Cal.Rptr.3d 686, 352 P.3d 275, 61 Cal.4th 544, Pen.Code, Pen.Code § 330b, Penal Code, Penal Code section 330b, section 330b

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Recent News

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

Understanding the Statute of Limitations for Wrongful Death Claims

March 31, 2025 By Mark Mellor

Losing a loved one is one of the most difficult experiences anyone can endure. When their passing is due to someone else’s negligence or misconduct, the pain can be compounded by the need to pursue justice. However, the law grants only a limited amount of time to take legal … Read More...

From Quitclaim to Warranty: A Look at Property Deeds

February 19, 2025 By Mark Mellor

Whether you're buying your first home or transferring property to a family member, understanding property deeds is critical. These seemingly simple documents are the backbone of every real estate transaction, ensuring legal ownership and protection for all parties involved. But … Read More...

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Our Areas of Practice

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  • Comprehensive Real Estate Legal Services
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  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
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  • Chapter 7 Bankruptcy
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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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