Friday, January 25, 2019

Memorandum of Law and Letter Sample

Memorandum of Law To Al Smith, Senior render From Research beau RE evince and Federal Court carcass for calcium shilling v. Al, Kathy, Dan Date January 3rd, 2012 Questions Presented I. Overview of the State and Federal Courts in calcium. II. Which California judgeship or motor hotels hold jurisdiction for the amount in disceptation in the three lawsuits that chase after(prenominal) wants to agitate? III. Why should wharf file his lawsuits in a particular flirt or salutes? IV. Which elusion tag must pose himself? Statement of FactsOur client bob resides in Los Angeles, California and has asked for our advice in three separate deterrent examples in which he has loaned people m singley. In the start-class honours degree case, loading dock loaned $500 to Al. Al signed a promissory none which asseverates that Al exit refund the loan in one month. Al has not paid anything. In the second case, bobsleigh loaned $7,000. 00 to Cathy 14 months ago. Cathy signed a prom issory note which states that she would pay the note in full in 12 months. She has not paid. In the triad case, Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing.Al, Cathy, and Dan every reside in Los Angeles, California. California Statutes of Limitation Written agreements (promissory note) 4 years, calculated from the date of breach. vocal agreements 2 years. The polity of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applic able limitations period. brief Answers I. splendid courts now harbour trial jurisdiction over every(prenominal) civil cases including family law, probate, juvenile, and general civil matters. For monetary issues to a lower place $10,000 a soul in pro-per living in Los Angeles could file a tutelage in down(p) claims court.All registers over $10,000 would have to be do in Los Angeles County top-hole Court po lished Division. If we were to receive an unfavorable command above in a court other than small claims court we would file an draw in to the 2nd District Court of Appeal also located in Los Angeles, California. If that ruling was not in our favor we could than conjure up to the California lordly Court if necessary. Federal courts ar similar in structure to State courts in California. The lordly Court is the highest court in our countrys judiciary. There are twain levels of Federal courts under the Supreme Court, they are The U.S. District Courts (the Trial Courts), and The U. S. Courts of Appeals (the Appellate Courts). II. The three lawsuits could be fled in Los Angeles County outstanding Court. To pull through himself some time and coin Bob could file the cases against Al ($500) and Cathy ($7,000) in small claims court. However, we would not be able to make appearances for Bob in those 2 cases since they are in small claims court, we could advise and fixate him on what he needs to say while he is in court. If Bob wants us to make the appearances for him we could file all three cases in Los Angeles Superior Court Civil Division.If Bob elects to handle the first two cases on his own in small claims court we could show him on the third case against Dan ($55,000) in Los Angeles Superior Court Civil Division. Bob does have the option of filing against Dan in small claims court alone he would only be able to receive $10,000 and would forfeit the departure of the loan forever. Bob should also know that any of our fees would not be recoverable in small claims court except in obsolete cases. III. Bob should file the two smaller cases in small claims court to save him time and bills in getting a appreciation that bay window be enforced.Our firm hatful represent him in the third case against Dan and we should be able to recover attorney fees and cost for him when we put on a judgement for him. After a judgment is made we can assist Bob in fili ng the appropriate liens in his case to make sure he has a way of recouping his losses from the defendants. IV. Bob must definitely represent himself in the first case with AL in small claims court. Since it is such a low sum of money it would not be worth it for him to use our firm for anything other than effectual advice in what documents he needs to file and things he needs to say while in court.If Bob feels comfortable after he does the first case he should have no problem proceeding on his own in the second case in small claims court. give-and-take I. The State of California Supreme Court gains authority and jurisdiction done the Constitution of California, Article 6 voice 1. The authority of dividing the state into member creating the Court of Appeals jurisdictions is giving to the legislature through the Constitution of California, Article 6, Section 3. The legislature has set up six districts for the Court of Appeals base on geography. Within the jurisdiction of the Co urt of Appeals are the Superior Courts of California.The Superior Courts have been created by the authority of the Constitution of California, Article 6, Section 4. The authority of the Supreme Court is given via the 14th Amendment of the United States Constitution and is subdivided into the antithetic circuits and districts by authority of the United States jurisprudence patronage 28, Part 1. In this Code are the needed statutes giving power and jurisdiction to the various national courts. The court of appeals are comprised of thirteen separate judicial circuits as utter in United States Code Title 28, Part 1, Chapter 3, 41.This same statute covers the area of California, placing California into the Ninth Circuit Jurisdiction. United States Code Title 28, Part 1, Chapter 5, 84, (C), Section (1) divides the Central District into Divisions placing Los Angeles into the Central District Courts and the eastern Division. This division comprises the counties of Riverside and San B ernardino. Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than than 5 miles from the boundary of either such city. II. Bob is requesting information on three different cases that have similar event patterns.Bobs case Vs. Al will need to be filed at heart California Superior Court, fiddling Claims Court Title Three based on Civil Rules 3. 1 3. 2120. This division will hear Bobs claim for the amounts under $10,000 SB221. A plaintiff may not file a claim exceeding $2500. 00 more than twice per year, so this should be kept into consideration should Bob have subsequent claims in the near future. Bobs claim against Cathy based on the $7,000. 00 promissory note should be filed as an action as a piddling Claims Case to be tried within the Superior Court Small Claims Division, of Los Angeles.Both cases against Cathy and Al can be handled similarly since the only difference is the dollar mark amounts. Bob can see how comfortable he feels after the first case is completed and then decide if he wants to handle it in small claims court or if he would like our firm to represent him in Superior Court Civil Division. In Dans case if Bob didnt think he would ever recover more than $10,000 he could handle this case in small claims court and save himself time and money although he would be taking a major loss.If Dan has the assets and ability for Bob to get his money back than our firm should represent him in the civil division of Los Angeles Superior Court and Bob with a judgment Bob would be able to recover attorneys fees. III. By filing the first two cases in small claims court Bob will save money and time and be able to enforce a judgment he receives sooner instead of the two cases being tied up in court. Obtaining a Lien after judgment under CALIFORNIA CODES CODE OF CIVIL PROCEDURE contribution 697. 310-697. 410 would be the only way to make sure our client can recoup his claims.The c ase with Dan should be filed in Los Angeles Superior Court Civil Division so Bob has a chance at recouping all of the money he has loaned. IV. Bob must represent himself in any case he wants to file in small claims court consistent to California Civil Code, Section 116. 540 stating that except in circumstances that will not relate to this inquire about attorney representation, and no person other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action. __________________________ Research Associate Client Letter Dear Bob, You have asked me to do some ratified research regarding the overview of the State and Federal Courts in California and where to begin the recuperation of three loans you made at different times to three different people in Los Angeles, California using promissory notes. For monetary issues under $10,000 a person living in Los Angeles could file a complaint in small claims court. All filings over $10,000 would have to be made in Los Angeles County Superior Court Civil Division.If we were to receive an unfavorable ruling above in a court other than small claims court we would file an appeal to the 2nd District Court of Appeal also located in Los Angeles, California. If that ruling was not in our favor we could than appeal to the California Supreme Court if necessary. Federal courts are similar in structure to State courts in California. The Supreme Court is the highest court in our countrys judiciary. There are two levels of Federal courts under the Supreme Court, they are The U. S. District Courts (the Trial Courts), and The U. S. Courts of Appeals (the Appellate Courts).It is my understanding that Al, Cathy and Dan are refusing to repay the generous loans that you made to them. Under California Statue of Limitations you have 4 years to file a claim for breach of a promissory note and you are well within your rights to do so as long as you dont wait longer than quadruplet years from the date that the breach occurred. In order for you to start your two cases against Al and Cathy you will need to file a claim in Los Angeles County small claims court as the amounts of $500 and $7,000 is well below the small claims court throw inable limit of $10,000. I would be happy to ssist you in filing your claim and can also assist in preparing you for your court date but small claims court rules do not allow you to be represented by an attorney at court. By filing this case in small claims court and then obtaining a judgment this would be the cheapest and fastest way in helping you to recover your money in this case. The third case against Dan would have to be filed in Los Angeles Superior Court Civil Division. In this case you could also file for credible attorneys fees and cost as well as the $55,000 loan. transport let me know whether there is anything else I can do for you. Respectfully, Al Smith

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