Charles Jervis Mellor’s Answers

Charles Jervis Mellor

San Diego Business Attorney.

Contributor Level 12
  1. I bought my used car "as-is", and the engine completely seized up within 3 weeks. Do I have any consumer rights?

    Answered about 1 year ago.

    1. Scott Richard Kaufman
    2. Robin Mashal
    3. Charles Jervis Mellor
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Richard Andrew Harting
    3. Charles Jervis Mellor
    4. Robert Andrew Michael Burns
    5. Christian K. Lassen II
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

  3. HOA did not meet within 30 days of my request for IDR, should I move forward to ADR or honor the late request to meet & confer

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Charles Jervis Mellor
    3. Nicholas Basil Spirtos
    3 lawyer answers

    It is not clear from your facts as to what is at issue. A demand to "comply with the R&R's" is rather broad. While the response may have been untimely, it may be prudent to set a meet & confer so as to clarify the issues. What are your goals? What is to be gained from going immediately to formal ADR? As my colleague pointed out, the M&C could save everyone some costs in the long run.

    2 lawyers agreed with this answer

  4. Telephonic Court Appearance

    Answered about 2 years ago.

    1. Michael Charles Doland
    2. Charles Jervis Mellor
    3. Judy A. Goldstein
    3 lawyer answers

    My colleague is correct....nice try though.

    2 lawyers agreed with this answer

  5. I was hit by a car and I chipped my tooth - how do I get it fixed without paying out of pocket?

    Answered about 2 years ago.

    1. Steven Mark Sweat
    2. Charles Jervis Mellor
    3. Christian K. Lassen II
    4. David Michael Boertje
    4 lawyer answers

    You have a Personal Injury claim. You can seek compensation for your medical bills incurred along with your pain and suffering. Your attorney will have the details on how to protect your interests. Use Avvo to find a Personal Injury attorney in your area.

    2 lawyers agreed with this answer

  6. How long does it take for the parties to get a copy of the business mediation agreement?

    Answered about 2 years ago.

    1. Scott Richard Kaufman
    2. Mordechai Elazar Book
    3. Charles Jervis Mellor
    3 lawyer answers

    The document should be available for review. Impress upon your attorney that you need to see it, signed or not.

    2 lawyers agreed with this answer

  7. How can I take my name form the dreadful SSSS Seconday Screening through TSA on Domestic Flights and US customs on Int. Flights

    Answered about 2 years ago.

    1. Charles Jervis Mellor
    2. Neil Ian Fleischer
    3. Peyton Hunley Robinson
    3 lawyer answers

    The Global Entry program is fairly straightforward. (http://www.globalentry.gov/index.html) You will have to work through their administrative appeal process to have any redress in the Court system. Document your efforts in appealing your denial. This will potentially be a time consuming and costly proposition. As an aside, you indicate that you are an "occasional" traveler. You need to consider the nature of challenging the TSA against simply proceeding through the screening process with...

    2 lawyers agreed with this answer

  8. What are my rights if my ocean view is blocked by construction, accompanied by construction equipment noise next to the window?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Charles Jervis Mellor
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Attorney Chen has provided you with a very thorough answer. You should document the situation with information as to the names of the contractors and take some photographs. I would suggest that you let your landlord know of the reasons for your dissatisfaction in writing. Once apprised of the level of your discomfort, your landlord may be willing to provide some degree of compensation via a rent reduction or lease termination. If not, you have the basis for a suit in Court.

    2 lawyers agreed with this answer

  9. What can I do if I missed the 10 day deadline to submit a (SR-1) to the DMV? What type of penalties am I looking at?

    Answered about 2 years ago.

    1. Christopher E. Russell
    2. Andrew Ronald Gillin
    3. Steven Mark Sweat
    4. Charles Jervis Mellor
    5. Daniel Nelson Deasy
    5 lawyer answers

    In California, the DMV will issue a letter of non-compliance and mail it to your last known address. If you fail to correct the matter a "bench warrant" will issue. If you are stopped for any reason by the police, a background check will show you have an outstanding warrant. The odds of you being taken in to custody increase, dramatically. The renewal of your license could also be impacted. I would encourage you to contact the DMV and correct the report ASAP.

    2 lawyers agreed with this answer

  10. Can anyone help me... my house burned down and I'm being sued.

    Answered over 2 years ago.

    1. Charles Jervis Mellor
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Based upon the facts you have presented, I am unable to ascertain how you would be liable for damages while simply living in the home. More facts would be needed to effectively answer the questions regarding liability on your part. I would encourage you to speak with an Insurance/Business attorney in your area. They could obtain additional facts and hopefully assist you.

    2 lawyers agreed with this answer