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Charles Jervis Mellor

Charles Mellor’s Answers

99 total


  • Will the person who hit me have to testify in the court room? Can I contact the driver and ask for payment.

    I was driving on I5 north and exited onto 8E and W. I live near the 8W exit and was in the lane to do so. The traffic for the 8E exit (right lane) was backed up. I was in the left lane and all the sudden a small for ranger pest control truck turne...

    Charles’s Answer

    San Diego County has a Small Claims Advisor office that will assist you in navigating the Small Claims Court system. Use GOOGLE for San Diego Superior Court and follow the tabs. In answer to your question, yes the driver will have to testify, if he shows up. You will be able to ask questions of him/her. There is also a mediation program in small claims that may be of interest. Good luck!

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  • How do I take steps to contacting a lawyer about getting my money back?

    I am about to be 18 and my guardian (my cousin) has stated that she will not give me my money even when I turn 18. The money is in a savings account. I have made every cent in the account and can provide evidence that the money is mine.

    Charles’s Answer

    To locate an attorney in the Manteca area use AVVO to do a search. Look for an Estate and Trusts attorney near you. Good Luck!

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  • Shareholder signature on unamious minute book

    We are forming a C company. One of the shareholders is not a director of that company and will not participate in its business activity. On an unamious minute book , he is shown as a 50% of shareholder. Another 50% belongs to a participating in bu...

    Charles’s Answer

    I agree with Mr. Doland. You should use Avvo to locate a Business Attorney in your area and contact him/her. They will be able to effectively evaluate the scope of your question.

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  • Delta canceled flight to India, failed to inform. Then lost my luggage causing severe hardship. What is my relief?

    Delta used Air France as my carrier to India but failed to inform me in a timely manner of the cancellation of the flight. I arranged to travel the same day by KLM and asked Delta to ensure my bag was transferred to the KLM flight. On arriving in...

    Charles’s Answer

    The courts have little to offer in these matters. I would suggest contacting the airline and working through their system. Good luck.

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  • Learning about Discovery Abuse Post-Settlement

    So, a standard slip and fall case. We asked in discovery if they knew of any other individuals who slipped on the same curb as this client. They responded with only the people we knew. Our standard was gross-negligence (exculpation agreement), ...

    Charles’s Answer

    I agree with my colleague that setting aside a settlement is a tough thing to accomplish. The nature of the discovery inquiry would be in issue. Moreover, relevancy may have an impact on the decision. That is to say, how is a fall that occurred after your slip & fall relevant to the issues in your case?

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  • Can I sue my sons school for taking him off campus without permission slip?

    My son (7 years old) informed a parent he wanted to go to an event off campus and that his name was different. This parent and the supervising teacher went along and took my son to the event. Once the child who my son pretended to be informed the ...

    Charles’s Answer

    The scenario you describe seems to arise out of your son pretending to be someone he isn't. Perhaps that should be the focus of your efforts. I agree with my colleague the the school seems to have taken appropriate action after they became aware of the actions of your son.

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  • What are my rights as a lodger when I am being forced to move out? Can I still have access to the refrigerator to put my food?

    I've been renting a room with a family since Feb. 2013. My payment includes bills and access to an electrical kitchen and to a space in the refrigerator. I've always been paying my rent every moth. The family relocated to a new location on March ...

    Charles’s Answer

    It is unclear as to how you were notified to move out. You should use Avvo to contact a lawyer in your area that handle Landlord-Tenant matters. You could also contact the local LA County Bar Association for a referral.

    Good luck!

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  • Hair in packaged food?

    I bought a package of dried mangoes from costco and while eating them I found mangoes with hair inside of them. Literally hair going through the mangoes. Can I sue for this? Who do I talk to, costco or the manufacturing company or a lawyer?

    Charles’s Answer

    I agree with my colleagues that a lawsuit would not be warranted on the facts presented. Return it to the place of purchase and have it replaced.

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  • Is there such a thing as a reply to a reply to Opposition Pleadings

    Can I respond to a REPLY to my Opposition to motion to set aside default

    Charles’s Answer

    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.

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  • I have a settlement where the opposition is in violation.

    It is part of the settlement agreement that "any party may apply for ex-parte judgement". Where do I get the form to apply for ex-parte judgement?” Thanks for helping with the stress...

    Charles’s Answer

    Depending upon the language of the agreement you may be able to seek a judgement via motion under Code of Civil Procedure section 664 et seq. The requirements for implementation are rather strict. I would suggest that you have the matter reviewed by an attorney. Use Avvo to find a Business Litigation attorney in your area.

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