Charles Jervis Mellor’s Answers

Charles Jervis Mellor

San Diego Business Attorney.

Contributor Level 12
  1. Can my contractor ask for more money after choosing roof shingles from samples he provided?

    Answered over 2 years ago.

    1. Shawn Regis Jackson
    2. Charles Jervis Mellor
    3. John Leif Fossum
    3 lawyer answers

    If you are dealing with a licensed contractor there should be a written contract, The terms set forth in that document will provide a basis for materials and costs. Reviewing that document would be required before a definitive answer could be provided. In addition, the California Contractors State License Board (http://www.cslb.ca.gov/) can provide assistance in situations such as this. You can check the status of a contractor and/or file a complaint on the State website.

    5 lawyers agreed with this answer

  2. How to check if a business victim is not double-collecting from insurance and civil court?

    Answered about 2 years ago.

    1. Andrew Kevin Jacobson
    2. Charles Jervis Mellor
    3. Richard Eric Anthony Dwyer
    3 lawyer answers

    The Insurer may have a claim under the policy to recoup amounts paid to an insured under a theory of subrogation. The language of the policy would dictate the rights of the parties.

    4 lawyers agreed with this answer

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  3. I loaned money to a contractor and he gave me a pink slip to his boat and a note. How do I record a lien against the boat? Frank

    Answered about 2 years ago.

    1. Charles Jervis Mellor
    2. Richard Scott Lysle
    2 lawyer answers

    In California, possession of the "pink Slip" is a valuable tool. If the document has been appropriately signed off, you may be able to file the transfer with the DMV and obtain legal possession. Actual possession could be a different matter. The documents, note and pink slip, would need to be reviewed to provide a definitive response. I would suggest that you use Avvo to locate a business/litigation attorney in your area and provide him/her with the documents to review.

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  4. Exceptions to the rule: 40 days to settle insurance claim in California?

    Answered over 1 year ago.

    1. Richard Andrew Harting
    2. Mariam Mary Margaryan
    3. Charles Jervis Mellor
    4. Robert Bruce Kopelson
    5. Christian K. Lassen II
    5 lawyer answers

    Attorney Harting is correct. Most carriers run on 30 day file reviews. They will send a letter indicating their investigation is continuing or request further documentation. As long as they can show diligence in the handling of the file, the statute is essentially being complied with. Keep pushing and document your contact with the carrier in writing. Good luck

    4 lawyers agreed with this answer

  5. I am Plaintiff in Pro Per. The defense missed the original deadline for the First Exchange of Expert Witnesses and we

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Catherine Elizabeth Bennett
    3. Robert Bruce Kopelson
    4. Charles Jervis Mellor
    4 lawyer answers

    I agree with my colleagues that the designation may have some flaws. They may not be fatal, depending upon the Judge. In San Diego Superior the Court sets the expert disclosure dates. They usually set a first and second date for disclosure. The parties can agree to different dates within certain parameters. Is the deadline date you are stating the first or second disclosure? The second disclosure in generally for rebuttal, but additional experts may be disclosed. The disclosure does not...

    4 lawyers agreed with this answer

  6. If my business doesnt make a profit due to a water leak caused by someone, can I successfully claim from them?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Christopher Palmer
    3. Charles Jervis Mellor
    4. Matthew Corin Bradford
    4 lawyer answers

    Assuming you can establish that the leak was the fault of another, then damages, i.e. the value of the case, will dictate your approach. Two days lost revenue may not be enough to garner the attention of an attorney. Thus, I would agree with Attorney Doland that Small Claims would be an appropriate solution. Look up the Superior Court for your county and the website should have a link to information as to how to proceed in filing an action in the local Small Claims Court.

    4 lawyers agreed with this answer

  7. Car Accident and whether my Uninsured Motorist coverage covers medical expenses.

    Answered about 2 years ago.

    1. Reza Torkzadeh
    2. Max Draitser
    3. Charles Jervis Mellor
    4. Steven Mark Sweat
    5. Jeffrey Mark Adams
    6. ···
    7 lawyer answers

    My colleagues are correct in that UIM coverage should allow you to recover for your damages related to this accident. However, obtaining a viable recovery under UIM can be a complicated task. I would encourage you to refrain from any further direct discussions with your carrier and use Avvo to contact a Personal Injury attorney in your area.

    4 lawyers agreed with this answer

  8. Insurance companies pay out replacement value?

    Answered about 2 years ago.

    1. Charles Jervis Mellor
    2. Richard Michael Laden
    3. Robert A. Stumpf
    3 lawyer answers

    A replacement cost value (RCV) policy is rare. The premiums would be high so as to compensate the carrier for the increased coverage. Generally the carriers use what is called the Actual Cash Value. (ACV). ACV is broadly defined as the cost to replace the item with new property of like kind and quality, less depreciation. This is usually less than the total cost to replace the item. The terms of your policy will dictate which valuation applies to your loss.

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  9. We are still waiting on the mediation report from the family court services and have osc in 6 days. will that be delayed?

    Answered over 2 years ago.

    1. Charles Jervis Mellor
    2. Jeffrey Paul Mach Jr
    3. Nathan Mubasher
    3 lawyer answers

    The mediation report should be provided to you prior to the hearing. Many Judges rely heavily upon the recommendations in the report to frame their order. A request for a continuance is discretionary and may be granted depending upon the content of the report. That is to say, if there is a matter in the report that warrants a rebuttal, the Judge may grant a continuance of the hearing.

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  10. Is there such a thing as a reply to a reply to Opposition Pleadings

    Answered 3 months ago.

    1. Sagar P. Parikh
    2. William Nicholas Blasser
    3. Alan Ray Barnes
    4. Charles Jervis Mellor
    5. Robert Bruce Kopelson
    5 lawyer answers

    I agree with previous counsel, all that is left is the oral argument. Be sure and check for a tentative ruling the day prior. Most courts allow you to do this online.

    3 lawyers agreed with this answer