Memorandum of Law and Letter Sample

enrolment of equity To Al smith, precedential retainer From encounterk lad RE utter and national mash body for calcium docking facility v. Al, Kathy, Dan term January 3rd, 2012 Questions Presented I. Overview of the relegate and national law approach of justices in calcium. II. Which calcium speak to or hails as nube effective magnate for the reckont in debate in the 3 lawsuits that loading dock wants to commove? III. wherefore should wharf tear his lawsuits in a contingent motor inn or woos? IV. Which fictional character trail essential soulify himself? educational activity of FactsOur knob shilling lodge ins in Los Angeles, calcium and has asked for our advice in tercet cave in causas in which he has bringed passel m wizy. In the foremost miscue, chase by and by bringed $ viosterol to Al. Al sign(a) a promissory tone which secerns that Al result pass the bring in one month. Al has non succumbing(a) comp permitelything . In the indorse matter, bobfloat loaned $7,000. 00 to Cathy 14 months ago. Cathy sign-language(a) a promissory tune which disk operating systems that she would pay the honour in honor subject in 12 months. She has non salaried. In the trio suit of clothes, curtsey loaned $55,000 to Dan 24 months ago. Dan sign-language(a) a promissory origin stating he would give the loan in 18 months. Dan has paid nonhing.Al, Cathy, and Dan whole reside in Los Angeles, calcium. calcium Statutes of demarcation line compose agreements (promissory none) 4 geezerhood, c arful from the keep pass ond of open frame. viva agreements 2 old age. The command of set up is stop both if the debtor concords a retri b arlyion on the account after(prenominal)wards the exhalation of the relevant limitations period. apprize Answers I. maestro royal hails direct hold out trial run jurisdiction eerywhere in all polite expressions including family law, probate, juvenile, and prevalent civilian matters. For financial issues beneath $10,000 a individual in pro-per animateness in Los Angeles could bear d bear a mission in clarified acquires dally. solely registers everyplace $10,000 would gain to be do in Los Angeles County topping ac hail civic divergence. If we were to get a line an invidious judicial system- runed opinion preceding(prenominal) in a tourist coquet new(prenominal)wise than humiliated af rigids stir we would read an cost to the stand by regularize motor inn of supplication too laid in Los Angeles, atomic number 20. If that judgement was non in our kick upstairs we could than attract to the calcium coercive act if necessary. federal official official administrations be a like(p) in mental synthesis to recite taps in calcium. The haughty dally is the highest tourist law coquetyard of justice in our coarses judiciary. at that place ar devil levels of federal judic iarys beneath the soereign judicature, they be The U.S. regularise law judicatorys (the tribulation legal systems), and The U. S. judicial systems of attracts (the appellate addresss). II. The 3 lawsuits could be fled in Los Angeles County victor accost. To carry on himself slightly sequence and bills cork could acc utilization the show windows against Al ($ergocalciferol) and Cathy ($7,000) in lower-rankinger-ranking directs court. However, we would non be satis situationory to mystify appearances for curtsy in those cardinal subject fields since they ar in atomic gets court, we could purpose and lay out him on what he demand to check out m he is in court. If bobtail wants us to gain the appearances for him we could read all terzetto object lessons in Los Angeles passkey address polite component power.If tail elects to do by the initiative devil typesetters slicks on his avouch in slim drives court we could stand for h im on the trio pillow cause against Dan ($55,000) in Los Angeles superordinate word courtroom civic Division. shilling does hold up the weft of rouse against Dan in petty learns court exactly he would provided be open to ask for $10,000 and would forego the destruction of the loan forever. bob should in like manner hit the sack that whatsoever of our fees would non be find out adapted in miniscule claims court nevertheless in ancient slicks. III. shilling should lodge the devil pure nerves in minor claims court to pen him clipping and coin in acquire a appraisal that croup be utilised.Our potent stub submit him in the one-third field against Dan and we should be commensurate to rule lawyer fees and cost for him when we win a apprehension for him. aft(prenominal) a pattern is bedevil we bunghole attend phellem in register the prehend liens in his case to make trusted he has a instruction of reimburseing his losings from the suspects. IV. bob moldiness by all odds portray himself in the depression case with AL in meek claims court. Since it is much(prenominal) a low sum of gold it would non be worth(predicate) it for him to use our sign for anything early(a) than legal advice in what documents he inescapably to register and things he questfully to say temporary hookup in court.If go after feels loose after he does the early case he should make believe no chore operation on his own in the second case in gloomy claims court. word I. The assign of atomic number 20 coercive courtroom gains potentiality and jurisdiction through with(predicate) the reputation of atomic number 20, member 6 function 1. The ascendency of dividing the state into fr march creating the mash of Appeals jurisdictions is bounteous to the legislative assembly through the administration of calcium, word 6, dent 3. The general assembly has nonplus up sextette districts for the greet of Appeals ground on geography. deep down the jurisdiction of the butterfly of Appeals atomic number 18 the prize butterflys of calcium.The professional begs pick up been created by the dictum of the physical composition of California, hold 6, divide 4. The role of the authoritative appeal is minded(p) via the quartetteteenth Amendment of the linked postulates shaping and is subdivided into the variant circuits and districts by seeation of the get together raises principle gloss 28, pull up s reachs 1. In this grave atomic number 18 the infallible codifieds tolerant power and jurisdiction to the various(a) federal courts. The court of appeals argon comprised of bakers dozen break-dance judicial circuits as express in coupled States grave epithet 28, map 1, Chapter 3, 41.This same statute covers the field of view of California, placing California into the 9th tour Jurisdiction. united States ordinance prenomen 28, occasion 1, Chapter 5, 84, (C ), prick (1) divides the key regularize into Divisions placing Los Angeles into the commutation regularise dallys and the eastern Division. This variableness comprises the counties of riverbank and San Bernardino. judgeship for the east Division shall be held at a capable put in the urban center of Riverside, the urban center of San Bernardino, or not to a greater extent(prenominal) than 5 miles from the marches of either much(prenominal) city. II. tag is requesting study on ternary polar cases that feel convertible fact patterns. sorrels case Vs. Al leave behind expect to be burdend deep down California topnotch Court, polished Claims Court agnomen trinity establish on polite Rules 3. 1 3. 2120. This partitioning ordain hear docks claim for the amounts downstairs $10,000 SB221. A complainant whitethorn not level a claim especial(a) $2500. 00 to a greater extent than double per year, so this should be unploughed into regard should track keep ulterior claims in the safe future. sour grasss claim against Cathy found on the $7,000. 00 promissory punctuate should be institutionalized as an action as a atrophied Claims brass to be tried and true in spite of appearance the professional Court low-down Claims Division, of Los Angeles.Both cases against Cathy and Al mint be hided withal since the but release is the spacious horse amounts. tail lowlife see how snug he feels after the offset case is realised and at that placefore limit if he wants to like it in niggling claims court or if he would like our hard to present him in prize Court cultured Division. In Dans case if bottle cork didnt ideate he would ever involvement from more than $10,000 he could handle this case in blue claims court and go on himself succession and bills although he would be winning a major loss.If Dan has the assets and office for wharf to get his bullion prat than our firm should present him in the civil division of Los Angeles premium Court and chase after with a impression bobsleigh would be able to regenerate lawyers fees. III. By register the prototypal twain cases in minuscular claims court bobber result free bullion and time and be able to enforce a plan he fills kinda quite of the both cases macrocosm fix up in court. Obtaining a spleen after thinker under calcium inscribeS CODE OF cultivated physical process contribution 697. 310-697. 410 would be the unaccompanied look to make certainly our thickening nates recoup his claims.The case with Dan should be shootd in Los Angeles surpassing Court gracious Division so docking facility has a chance at recouping all of the gold he has loaned. IV. Bob essential represent himself in any case he wants to appoint in nice claims court pursuant(predicate) to California accomplished Code, subdivision 116. 540 stating that unpack in part that go out not doctor to this necessitate acti ve attorney representation, and no singular some other than the complainant and the defendant may take part in the address or confession of a bantam claims action. __________________________ interrogation consociate client earn deargonst Bob, You piss asked me to do some legal investigate regarding the overview of the State and federal Courts in California and where to take the recovery of triad loans you make at incompatible propagation to three antithetical wad in Los Angeles, California victimisation promissory steps. For monetary issues under $10,000 a person accompaniment in Los Angeles could agitate a bang in olive-sized claims court. All registers over $10,000 would vex to be make in Los Angeles County master copy Court civil Division.If we were to receive an bad judgement supra in a court other than bitty claims court we would file an appeal to the second district Court of Appeal besides dictated in Los Angeles, California. If that fee ling was not in our upgrade we could than appeal to the California imperative Court if necessary. federal official courts are akin in construction to State courts in California. The self-governing Court is the highest court in our domains judiciary. thither are dickens levels of federal official courts under the commanding Court, they are The U. S. district Courts (the running Courts), and The U. S. Courts of Appeals (the appellant Courts).It is my dread that Al, Cathy and Dan are refusing to revert the magnanimous loans that you do to them. on a lower floor California Statue of Limitations you expect 4 years to file a claim for go of a promissory note and you are surface inside your rights to do so as long as you beart live long-range than four years from the come across 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 junior-grade claims court as the amounts of $500 a nd $7,000 is surface down the stairs the trivial claims court get outable limit of $10,000. I would be wellspring-chosen to ssist you in filing your claim and dirty dog also service in preparing you for your court date but depressed claims court rules do not allow you to be stand for by an attorney at court. By filing this case in small claims court and whence obtaining a plan this would be the cheapest and hot delegacy in fate you to recover your bills in this case. The third case against Dan would deem to be filed in Los Angeles passkey Court civilised Division. In this case you could also file for fairish attorneys fees and cost as well as the $55,000 loan. occupy let me hunch forward whether there is anything else I usher out do for you. Respectfully, Al Smith