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

What Happens When a Title Defect Is Discovered After You Buy Property

May 26, 2026 By Mark Mellor

Getting the keys to your new home is a huge milestone! You've probably spent weeks planning room layouts and picking out paint colors. But the excitement can quickly fade if an unexpected legal letter arrives in the mail months later, claiming someone else has a right to your … Read More...

What Are CC&Rs and What Happens When They’re Violated in California?

May 22, 2026 By Mark Mellor

Buying a home in a planned community or condominium complex often comes with a few extra rules. You might be thrilled about the community pool and perfectly manicured landscaping, but those perks usually mean you are governed by a specific set of guidelines. Understanding these … Read More...

What Is a Stop Notice and How Does It Protect Contractors?

May 18, 2026 By Mark Mellor

Construction projects are notorious for payment delays. You finish a major drywall installation, submit your invoice, and then hear crickets. Meanwhile, you still have to pay your crew and cover material costs. If you are struggling to collect payment on a project, finding an … Read More...

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Recent Posts

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  • What Are CC&Rs and What Happens When They’re Violated in California?
  • What Is a Stop Notice and How Does It Protect Contractors?
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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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