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THE MELLOR LAW FIRM
A Professional Law Corporation
6800 Indiana Avenue,
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Riverside, CA 92506-4269
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Author Archives: Mark Mellor
No Need To Exhaust Administrative Review Where Administrative Body Lacks Jurisdiction.
In City of Fillmore v. State Board of Equalization (Cal. App. Second Dist., Div. 3; April 20, 2011) 194 Cal.App.4th 716, [125 Cal.Rptr.3d 186, 2011 DJDAR 5641], the State Board of Equalization issued a decision in favor of plaintiffs (cities). After the time … Continue reading
Posted in Administrative Law News, Appellate Law News, Legal News
Tagged 125 Cal.Rptr.3d 186, 194 Cal.App.4th 716, 2011 DJDAR 5641, action, administrative, administrative agency, administrative appeal, administrative decision, administrative expertise, administrative law, administrative proceedings, administrative remedy, administrative review, appeal, appeals conference, Appeals Division, cities, City, City of Fillmore, contended, Court of Appeal, decision, dismissed, excusing, exhaust, exhaustion, exhaustion requirement, expertise, failure, Filed, Fillmore, final, forwarded, initiated, intermediate, judicial review, jurisdiction, jurisdictional, lacked, lacked jurisdiction, letter dated, matter, ministerial duty, No Need To Exhaust Administrative Review Where Administrative Body Lacks Jurisdiction, notified, passed, reallocation, recommendation, reconsider, referred, remedy, Required, reversed, SBE Appeals Division, State Board of Equalization, Suit, Superior Court, supplemental, tax revenues, Time, Time To Appeal, timely appeal, timely objection, trial court, writ of mandate, written objection
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Attorney Disqualification May Be Impliedly Waived By Delay.
Where a party delays seeking to disqualify a lawyer representing an opposing party, they should act without unreasonable delay. Where the delay in bringing the Attorney Disqualification motion is extreme or unreasonable and the opposing party can show extreme prejudice, the court … Continue reading
Posted in Appellate Law News, Legal News, Procedural Law News
Tagged 123 Cal.Rptr.3d 498, 194 Cal.App.4th 839, 2011 DJDAR 5839, Abuse Of Discretion, Attorney Disqualification May Be Impliedly Waived By Delay, bad faith, bringing, burden shifts, Chicago Title Insurance Co., claims procedures, confer, confidentiality, court, coverage, delays, deny, deposition, discovery, disqualification, Disqualified, disqualify, extreme, handling, hired, insured, insurers, interests of justice, Lawyer, Liberty National Enterprises LP, majority view, minute order, Motion, moving party, nonmoving, nonmoving party, opposing party, party, party opposing, passage of time, personnel, phase, prejudice, prima facie, Representing, seeking, should act, timing, unreasonable, unreasonable delay, waived, without
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Rape Victim May Use Fictitious Name In Signing Verifications.
A Rape victim sued her perpetrator and his mother under a fictitious name alleging fraudulent transfers after she obtained a civil judgment. She verified discovery responses using the fictitious name and the trial court granted motions ordering further discovery responses, using … Continue reading
Posted in Appellate Law News, Criminal Law News, Discovery Law News, Legal News, Procedural Law News
Tagged 123 Cal.Rptr.3d 557, 194 Cal.App.4th 750, 2011 DJDAR 5653, alleging, anonymity, civil judgment, Code Civ. Proc., Code Civ. Proc. §2015.5, contains, Court of Appeal, criminal sanctions, declarations, disclosure, discovery, discovery order, discovery requests, discovery responses, Doe, failure to provide, fictitious, fictitious name, form interrogatories, fraudulent transfers, good faith, granted, Luster, material facts, minute, mother, motions, name, obtained, ordering, own hand, own name, Particular, party, penalty of perjury, perjury, perpetrator, Rape victim, Rape Victim May Use Fictitious Name In Signing Verifications, requirement, requires, responses, reversed, sanction award, special interrogatories, statute, subscribes, sued, Sup. Ct., sworn statement, tape, trial court, true name, used, using, verification, verified, videotape, witness, writ of mandate, §2015.5, “subscribed”
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Order To Tax Costs On Appeal After A Remand Is Immediately Appealable.
On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax … Continue reading
Posted in Appellate Law News, Attorney's Fees News, Damages Law News, Legal News, Procedural Law News, Trial Law News
Tagged 123 Cal.Rptr.3d 379, 193 Cal.App.4th 1075, 2011 DJDAR 4362, affirming, ancillary, appeal, appealability, appealable, appellant, attorney fees, await, awarded, awarding, Case, collateral, collateral matter, collateral order, cost bill, costs, court, Court of Appeal, damages, dicta, Enforceable, entry, Filed, final judgment, granted, immediately, immediately appealable, including, interlocutory order, judgment, Krikorian Premiere Theatres LLC, main issue, modified, money judgment, Motion, motion to tax cost, moving party, new trial, on appeal, Order To Tax Costs On Appeal After A Remand Is Immediately Appealable., orders to pay, original judgment, partially, party entitled, payment of money, post-judgment order, postjudgment, Reduce, remanded, reversing, special order, successful party, taxed, taxing, temporary, Time, to appeal, trial, trial court, Westminster Central LLC
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Reviewing Opponent’s Privileged Documents May Lead To Attorney Disqualification.
Where law firm obtained opponents’ privileged documents which were protected by the attorney-client privilege and used these documents, the trial court properly disqualified the law firm. Where lawyers receive documents that are obviously privileged, they can only examine them to the extent … Continue reading
Posted in Appellate Law News, Attorney-Client / Attorney Work Product Law News, Discovery Law News, Ethics Law News, Legal News
Tagged 125 Cal.Rptr.3d 36, 196 Cal.App.4th 37, 2011 DJDAR 8023, administration of justice, advice, attorney-client, attorney-client privilege, character, claim of privilege, Clark, confidence, confidential, declaration, deposition, determine, discovery, disputed, disqualification, Disqualified, disqualify, documents, dominant purpose, ethical, evidence to support, examine, excessively, extent, fundamental principles, immediately, immediately notify, inadvertence, inadvertently, judicial proceeding, judicial process, law firm, lawyers, necessary, notify, obtained, obviously, opponents, paramount concern, possess, privileged, privileged documents, privileged materials, properly, prophylactic, Protected, public trust, receive, Reviewing Opponent’s Privileged Documents May Lead To Attorney Disqualification, right to counsel, sender, Sup. Ct., trial court, used, VeriSign, VeriSign Inc., waived
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Settlement Offers To Compromise Under Code of Civil Procedure Section 998, Must Conform To Statute.
Since 2006, the statute governing statutory offers to compromise (Code of Civil Procedure section 998) has provided that the offers include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer … Continue reading
Posted in Appellate Law News, Legal News, Procedural Law News, Settlement Law News
Tagged 124 Cal.Rptr.3d 922, 195 Cal.App.4th 1267, 2006, 2011 DJDAR 7614, acceptance, accepted, accepting, accepting party, allows, arbitration, awarded, better served, bright line rule, case law, Civ.Proc., Civ.Proc. § 998, Code Civ. Proc., Code Civ. Proc. § 998, Code of Civil Procedure, Code of Civil Procedure section 998, containing, costs, defeat, defense counsel's, expert witnesses, expiration date, faxed, governing, held, include, indicate, ineffective, interpreter, invalid, judgment, language, legislative purpose, less, Malpractice, mandatory, Must Conform To Statute, new judgment, offer, offer to settle, offers to compromise, plain language, plain meaning, provided, provision, Puerta, section 998, sentence, settlement, settlement offer, Settlement Offers To Compromise Under Code of Civil Procedure Section 998, signing, statement, statute, statutory, statutory construction, statutory offer, Torres, track, unambiguous, void, witness fees, written offer, § 998
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