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Charles Jervis Mellor

Charles Mellor’s Answers

97 total


  • I bought my used car "as-is", and the engine completely seized up within 3 weeks. Do I have any consumer rights?

    The car was bought as is, off a used car lot, in California,

    Charles’s Answer

    Your ability to proceed with a claim against the seller will be based upon the facts and the documents relate thereto.

    Under California law a warranty may be disclaimed by using specific language in the transaction. Civil Code section 1792.5. Every sale of goods that are governed by the provisions of this chapter, on an "as is" or "with all faults" basis, made in compliance with the provisions of this chapter, shall constitute a waiver by the buyer of the implied warranty of merchantability and, where applicable, of the implied warranty of fitness.

    You should use Avvo to locate and contact a local Consumer and/or Business attorney for a consultation. Many will look at the matter during a free consultation.

    Good luck!

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  • Can I hold a parent responsible for a minor signing an independent contractor agreement?

    Hi everyone, thanks for taking the time to look at my question. My current dilemma involves hiring an independent contractor that is considered a minor under the State of California. I want to have him sign an independent contractor agreement, ...

    Charles’s Answer

    Attorney Doland is correct, the voidability issue will revolve around the facts of the hiring. You seem intent on the minor being labeled an independent contractor. Signing a document that attaches the IC label is not always controlling. Again the facts will determine the status of the services provided.

    The facts provided make it difficult to provide a more detailed response.

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  • Backed into a car without insurance or a license

    I backed into a car and created a small dent. I left a note with my phone number. I was driving my friends car without insurance and I dont have a valid license. I spoke with the victim and told her to get an estimate and I would gladly pay for al...

    Charles’s Answer

    I agree with Attorney Hiden. Deal with the carrier and do not escalate the matter with false information. Depending upon the amount of damage, (more than $750.00) you may need to file a SR-1 form with the DMV. That could complicate the matter. If so, you should use Avvo and consult a local attorney.

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  • We accepted a settlement on the advice of our lawyer. The advice turned out to be misleading. What recourse do we have?

    The other party offered to settle at $50000. Our lawyer advised us to take the settlement. He said that after fees and costs, we would receive about $14000. We ultimately received $8000. The only reason we accepted the settlement was because we we...

    Charles’s Answer

    There are several factors that impact the amount that a client receives from a settlement. Costs are generally a dollar for dollar item that the client has agreed to pay in the retainer agreement. They are generally tracked during the life of the case and the attorney should have a sense of their value readily available. The value of the costs generally impact the settlement decision.

    The fees here appear to be a percentage of the proceeds. This would also be an agreed to amount in the retainer agreement. I do not know the nature of the case, a more difficult matter may warrant a fee of 45%. Generally, fees run in the 33%-40% range. Moreover, when a settlement is reached at a figure, it is not unheard of to see an attorney decrease the percentage to obtain more value for the client. I do not know if that occurred here.

    You should let your lawyer know that you are not happy with the amount provided. Request that he review the matter. Failing that, I note you are in Sunnyvale and know that the Santa Clara County Bar Association has a Fee Arbitration Program. You could contact the Bar Association and obtain their insight.

    Good luck!

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  • My upstairs neighbor plants and flowers fall on my balcony.

    Do i have any right to ask him not to do that? Again not a big issue. But why i need to spend 10 minutes every week to clean his stuff. I'm asking to an attorney since if i just ask a favor to him he will not just do :-). Sorry for silly question....

    Charles’s Answer

    Yes, you can request him to remedy the situation. If it continues, you may want to contact your landlord and get his input. In addition, your Lease may have some information as to what type of activity is allowed on the balcony.

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  • Is there a law firm or public attorney's that will help represent you pro bono or at a discounted price,or still in school?

    My husband has all accounts in his name and controls all of the money if I decided to get a divorce how could I possibly afford an attorney, and if I do it alone I will probably end up not doing very well for myself or my kids.

    Charles’s Answer

    You should use Avvo to locate a Family Law Attorney in your area and contact them ASAP. There are various options available for individuals in your situation.

    Good luck.

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  • I have an Abstract of Judgment filed against my small business by a notorious (in a bad way) ADA lawyer. How can I remove this?

    His name is Scott Johnson, notorious for his "drive-by lawsuits." He is currently in the middle of his own lawsuit by his workers for filing "faulty" liens and lawsuits on small "mom-and-pop" businesses. I am in the middle of selling my business, ...

    Charles’s Answer

    I agree with Attorney Liewen. You indicate that you need this resolved "as quickly as possible", the only viable option is to negotiate on the amount owed.

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  • For both the Civil Cover Sheet (CM-010) and the Pleading for Contract Complaint (PLD-C-001), do you write in the firm's name?

    For example, can I have the attorney name and state bar number on one line, the name of their firm below, and the firm's address below that?

    Charles’s Answer

    Yes. Pick one and try to remain consistent. Like the previous answer pointed out, space is often the issue.

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  • Answer please

    If your commanded To go to court to testify because your a witness and what happens if i dont show up will they drop the case .

    Charles’s Answer

    As a witness, if you fail to make arrangements with the attorney requesting you to appear and you fail to show up, the attorney can request that the court hold you in contempt. A bench warrant could be issued in your name. Such warrants are not actively enforced, (i.e. they do not actively look for you) however, if you are stopped for a traffic violation the officer will run a background check and your bench warrant will show up. This may allow the officer to take you into custody. Why risk a night or day in jail?

    You should contact the requesting attorney or simply show up and tell the truth.

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  • Pedestrian cut by illegal parked car on side walk in front of property on property line with exposed metal on front fender.

    Pedestrian was cut by the exposed metal on the bumper while walking on the sidewalk. This vehecle is located about 4ft away (in front) of the gate of the Single Family Residence. Who is liable the property owner or the owner of the vehicle or bot...

    Charles’s Answer

    Liability will be the issue. Establishing that the property owner knew of the existence of the purported hazard and allowed it to exist on his property will be difficult, at best. As to the car owner, having "exposed metal" on a parked vehicle does not appear sufficient to establish liability to a passing pedestrian.

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