Winter 2014
Three months ago, Dave was arrested for the burglary of a shoe store after a forensic investigation by the police department identified him as the burglar. Patty, a prosecutor, brought burglary charges against him.
A week ago, Patty saw a press release that the police chief was planning to issue to the media. It stated that Dave was a “transient” and had been “arrested for burglary by Inspector Ing, who is known for his ability to apprehend guilty criminals.”
Four days ago, Patty received a report from a federal agency stating that the police department’s forensic investigation identifying Dave as the burglar was unreliable.
Three days ago, Patty announced “ready for trial” at a pretrial conference.
Yesterday, Patty learned that two eyewitnesses had identified Dave as the burglar. Because she did not intend to use evidence from the forensic investigation, she did not disclose the federal agency report to Dave’s attorney. Dave’s attorney has never asked her to provide discovery.
This morning, Patty called the judge who will be presiding over Dave’s trial to reassure him that there is ample non-forensic evidence to convict Dave.
What ethical violations, if any, has Patty committed? Discuss.
Answer according to California and ABA authorities.
Hank and Wendy are residents of California. Hank is a teacher and Wendy is an accountant.
In 2008, Hank and Wendy married. After their wedding, Wendy’s mother deeded them a house as joint tenants. They moved into the house and used their earnings to furnish it in a lavish style, including an antique mirror in the entryway. One day, Hank gave the mirror to a friend who had admired it on a visit to the house.
In 2012, Wendy purchased a small office building where she established her own accounting practice. She paid for the building with funds saved from her earnings during her marriage and took title in her name alone.
In 2013, Hank and Wendy separated. Hank told Wendy that the house was henceforth her separate property and she said, “O.K.”
After the separation, Wendy’s income from the accounting practice tripled and she remodeled the office building with her increased earnings. Without Hank’s knowledge, she then sold the building to Bob, who did not know that she was married.
In 2014, Wendy initiated dissolution proceedings.
1. What are Wendy’s rights, if any, as to the antique mirror? Discuss.
2. What are Hank’s and Wendy’s rights, if any, as to the following:
a) The house? Discuss.
b) The accounting practice? Discuss.
c) The office building? Discuss.
Answer according to California law.
Paul, a resident of State A, had worked as a manager at the only hotel in State A owned and operated by Hotel, Inc. (Hotel), a large national chain. Paul’s compensation was $100,000 per year. Hotel was incorporated in State B, where the majority of its hotels are located. Hotel’s main corporate offices are located in State C.
Hotel terminated Paul’s five-year employment contract when it had two years remaining. Paul immediately found new employment with compensation of $90,000 per year.
Paul timely sued Hotel in state court in State B, alleging wrongful termination of his employment contract. In his complaint, he sought reinstatement or, in the alternative, damages of $200,000 for the two years remaining on his employment contract at the time of termination. In State B, the measure of damages for wrongful termination of an employment contract is the amount a plaintiff would have earned absent the termination, less what the plaintiff actually earned during the post-termination contract period.
After the complaint was served on Hotel at its main corporate offices in State C, Hotel timely removed the case to federal district court in State B. Paul then filed a motion in federal district court to remand to state court. The federal district court denied the motion. Paul appealed the denial to the federal court of appeals.
Paul meanwhile filed a motion in the federal district court for an injunction requiring Hotel to reinstate him to his job. The federal district court granted Paul’s motion and issued the injunction. A month and a half later, Hotel appealed the injunction to the federal court of appeals.
1. Did the federal district court correctly deny Paul’s motion to remand the case to state court? Discuss.
2. How should the federal court of appeals rule on Paul’s appeal? Discuss.
3. How should the federal court of appeals rule on Hotel’s appeal? Discuss.
Jane owned a machine shop. It had one slightly buckled wall. It had been built years prior to Town’s adoption of a zoning ordinance that permits office buildings and retail stores, but not manufacturing facilities.
Ira purchased the machine shop from Jane for $500,000. He gave her $50,000 in cash and a promissory note for an additional $50,000 secured by a deed of trust. He borrowed the other $400,000 from Acme Bank (Acme), which recorded a mortgage. Acme was aware of Jane’s promissory note and deed of trust prior to the close of escrow.
Donna owns a parcel adjoining Ira’s machine shop. She recently began excavation for construction of an office building. Ira complained to Donna that the excavation was causing the shop’s wall to buckle further, but she did nothing in response.
Shortly thereafter, Ira’s machine shop collapsed. Ira applied to Town for a building permit to rebuild the shop, but Town refused. He then defaulted on his obligations to Jane and Acme.
Ira has sued Donna seeking damages, and he has sued Town seeking issuance of a building permit. Acme has filed a foreclosure suit against Ira, and Jane has demanded a proportionate share of the proceeds from any foreclosure sale.
1. How is the court likely to rule on Ira’s claim for damages against Donna? Discuss.
2. How is the court likely to rule on Ira’s request that Town issue a building permit? Discuss.
3. How is the court likely to rule on Jane’s claim for a proportionate share of the proceeds from any foreclosure sale? Discuss.
For many years, the Old Ways Fellowship, a neopagan religious organization, received permission from the City’s Building Authority to display a five-foot diameter symbol of the sun in the lobby of City’s Municipal Government Building during the week surrounding the Winter Solstice. The display was accompanied by a sign stating “Old Ways Fellowship wishes you a happy Winter Solstice.”
Last year the Building Authority adopted a new “Policy on Seasonal Displays,” which states:
Religious displays and symbols are not permitted in any government building. Such displays and symbols impermissibly convey the appearance of government endorsement of religion.
Previously, the Building Authority had allowed access to a wide variety of public and private speakers and displays in the lobby of the Municipal Government Building. Based on the new policy, however, it denied the Old Ways Fellowship a permit for the sun display.
After it was informed by counsel that courts treat Christmas trees as secular symbols, rather than religious symbols, the Building Authority decided to erect a Christmas tree in the lobby of the Municipal Government Building, while continuing to prohibit the Old Ways Fellowship sun display.
The Old Ways Fellowship contests the Building Authority’s policy and its decision regarding the Christmas tree. It has offered to put up a disclaimer sign explaining that the Winter Solstice greeting is not endorsed by City. The Building Authority has turned down this offer.
The Old Ways Fellowship has filed suit claiming violation of the First Amendment to the United States Constitution.
What arguments may the Old Ways Fellowship reasonably raise in support of its claim and how are they likely to fare? Discuss.
[Remedies]
Angela hired Mark, a real estate broker, to help her find a house to buy.
A week later, Mark contacted Angela and told her that he had found the perfect house for her. She asked him what he knew about the house. He said that the house had been owned for some years by Carol, who had kept it in pristine condition. When she visited the house, Angela noticed what appeared to be animal droppings on the deck. Carol assured her that they were only bird droppings, had never appeared previously, and would be removed before closing. Carol added that she never had any problem with any kind of “pests.” Angela made an offer of $500,000 for the house, and Carol accepted.
After closing, Angela spent $10,000 to move her household goods to the house. A few weeks after moving into the house, Angela made several discoveries. First, the house suffered from a seasonal infestation of bats, which urinated and defecated on the deck. Second, Carol was in fact Mark’s cousin, had owned the house for about a year, and had been desperate to sell it because of the bats. Mark was aware of all of these facts.
After the sale, Mark evenly split the proceeds with Carol and invested his $250,000 in stocks that are now worth $750,000.
At trial, Angela has established that Mark and Carol are liable to her in tort and contract.
1. What remedy or remedies may Angela obtain against Carol? Discuss.
2. What remedy or remedies may Angela obtain against Mark? Discuss.
Summer 2014
[Remedies]
Percy and Daria entered into a valid written contract for Percy to design and install landscaping for an exclusive housing development that Daria owned. Percy agreed to perform the work for $15,000, payable upon completion. Percy estimated that he would work approximately 100 hours a month on the project and would complete the project in three months. His usual hourly fee was $100, but he agreed to reduce his fee because Daria agreed to let him photograph the entire landscaping project for an article he planned to propose to Beautiful Yards and Gardens magazine. He anticipated that publicity from the article would more than compensate him for his reduced fee.
Percy completed two months’ work on the project when Daria unjustifiably repudiated the contract. He secured a different project with Stuart in the third month, which paid him $1,500 and took 15 hours to complete. He could have completed Daria’s project at the same time.
At the time Daria unjustifiably repudiated the contract, Percy was negotiating with Tammy to landscape her property for $30,000. Once Tammy learned what had happened, she stopped negotiation.
Percy has sued Daria. Ideally, he would like to finish the project with her.
What remedy or remedies may Percy reasonably seek and what is the likely outcome? Discuss.
[Evidence]
Pete was a passenger on ABC Airlines (ABC), and was severely injured when the plane in which he was flying crashed because of a fuel line blockage.
Pete sued ABC in federal court, claiming that its negligent maintenance of the plane was the cause of the crash.
At trial, Pete’s counsel called Wayne, a delivery person, who testified that he was in the hangar when the plane was being prepared for flight, and heard Mac, an ABC mechanic, say to Sal, an ABC supervisor: “Hey, the fuel feed reads low, Boss, and I just cleared some gunk from the line. Shouldn’t we do a complete systems check of the fuel line and fuel valves?” Wayne further testified that Sal replied: “Don’t worry, a little stuff is normal for this fuel and doesn’t cause any problems.”
On cross-examination, ABC’s counsel asked Wayne: “Isn’t it true that when you applied for a job you claimed that you had graduated from college when, in fact, you never went to college?” Wayne answered, “Yes.”
ABC then called Chuck, its custodian of records, who identified a portion of the plane’s maintenance record detailing the relevant preflight inspection. Chuck testified that all of ABC’s maintenance records are stored in his office. After asking Chuck about the function of the maintenance records and their method of preparation, ABC offered into evidence the following excerpt: “Preflight completed; all okay. Fuel line strained and all valves cleaned and verified by Mac.” Chuck properly authenticated Sal’s signature next to the entry.
Assuming all appropriate objections and motions were timely made, did the court properly:
1. Admit Wayne’s testimony about Mac’s question to Sal? Discuss.
2. Admit Wayne’s testimony about Sal’s answer? Discuss.
3. Permit ABC to ask Wayne about college? Discuss.
4. Admit the excerpt from the maintenance record? Discuss. Answer according to the Federal Rules of Evidence.
[Professional Responsibility] [Partnership]
Alice’s and Bob’s law firm, AB Law, is a limited liability partnership. The firm represents Sid, a computer manufacturer. Sid sued Renco, his chip supplier, for illegal price-fixing.
Renco’s lawyer asked Alice for a brief extension of time to respond to Sid’s interrogatories because he was going on a long-planned vacation. Sid told Alice not to grant the extension because Renco had gouged him on chip prices. She denied the request for an extension. Sid also told Alice that he’d had enough of Renco setting the case’s pace, so he wasn’t going to appear at his deposition scheduled by Renco for the next week, and that he’d pay his physician to write a note excusing him from appearing. Alice did nothing in response.
In the course of representing Sid, Alice learned that Sid planned a tender offer for the publicly- traded shares of chipmaker, Chipco. Alice bought 10,000 Chipco shares. By buying the 10,000 Chipco shares, she drove up the price that Sid had to pay by $1 million. When Alice sold the 10,000 Chipco shares, she realized a $200,000 profit.
1. What ethical violations, if any, has Alice committed regarding: a. The discovery extension? Discuss.
b. The physician’s note? Discuss.
c. The Chipco tender offer? Discuss.
Answer according to California and ABA authorities.
2. What claims, if any, does Sid have against Alice, AB Law, and Bob? Discuss.
One summer afternoon, Officer Prowl saw Dan, wearing a fully buttoned-up heavy winter coat, running down the street. Officer Prowl ordered Dan to stop. Dan complied. As Officer Prowl began to pat down Dan’s outer clothing, a car radio fell out from underneath. Officer Prowl arrested Dan and took him to the police station.
At the police station, Officer Query met with Dan and began asking him questions about the radio. Dan stated that he did not want to talk. Officer Query responded that, if Dan chose to remain silent, he could not tell the District Attorney that Dan was cooperative. Dan immediately confessed that he stole the radio.
Dan was charged with larceny. He retained Calvin as his attorney. He told Calvin that he was going to testify falsely at trial that the radio had been given to him as a gift. Calvin informed Dan that he would make sure he never testified.
Calvin filed motions for the following orders: (1) suppressing the radio as evidence; (2) suppressing Dan’s confession to Officer Query under Miranda for any use at trial; and (3) prohibiting Dan from testifying at trial.
At a hearing on the motions a week before trial, Dan, in response to Calvin’s motion for an order prohibiting him from testifying, stated: “I want to represent myself.”
1. How should the court rule on each of Calvin’s motions? Discuss.
2. How should the court rule on Dan’s request to represent himself? Discuss.
Henry and Wynn married in 2000. During the first ten years of their marriage, Henry and Wynn lived in a non-community property state. Henry worked on writing a novel. Wynn worked as a history professor. Wynn kept all her earnings in a separate account.
Eventually, Henry gave up on the novel, and he and Wynn moved to California. Wynn then set up an irrevocable trust with the $100,000 she had saved from her earnings during the marriage. She named Sis as trustee and Henry as co- trustee. She directed that one-half the trust income was to be paid to her for life, and that the other one-half was to be paid to Charity, to be spent only for disaster relief, and that, at her death, all remaining assets were to go to Charity.
Wynn invested all assets in XYZ stock, which paid substantial dividends, but decreased in value by 10%. Charity spent all the income it received from the trust for administrative expenses, not disaster relief.
Later, Sis sold all the XYZ stock and invested the proceeds in a new house, in which she lived rent-free. The house increased in value by 20%.
Henry has sued Sis for breach of trust, and has sued Charity for return of the income it spent on administrative costs.
1. What is the likely result of Henry’s suit against Sis? Discuss.
2. What is the likely result of Henry’s suit against Charity? Discuss.
3. What rights, if any, does Henry have in the trust assets? Discuss. Answer according to California law.
[Torts]
Owner owned and operated a small diner where Cook and Waiter worked. After closing one day, Cook called in sick for the following day. Owner knew that an acquaintance, Caterer, owned and operated a catering business. Owner asked Caterer to fill in for Cook. Owner told Caterer: “I want you to run the kitchen for one day. I will pay you your standard catering fee. I just need somebody who knows what he’s doing.” Caterer agreed, telling Owner, “I’ll bring my own knife set, but I assume the kitchen is fully equipped.”
Owner did not check Caterer’s references. If he had, he would have learned that Caterer’s business had once been shut down by the health department.
Caterer went to Owner’s diner and started to cook. Patron, a customer, ordered chicken wings from Waiter. Waiter gave the order to Caterer.
A notice posted on the kitchen wall, entitled “Health and Safety Code Section 300 Notification,” stated: “To avoid food poisoning, all poultry products must be cooked at a minimum temperature of 350 degrees.” Upon observing that the oven was set at 250 degrees, Waiter informed Caterer that the oven should be set at 350 degrees. Caterer responded: “Just worry about waiting tables, and leave the cooking to me.” Caterer did not raise the temperature of the oven, and removed the chicken wings shortly thereafter.
Waiter served Patron the chicken wings. Patron ate the chicken wings and suffered food poisoning as a result.
Under what theory or theories, if any, might Patron bring an action for negligence against Caterer, Waiter, and/or Owner, and what is the likely outcome? Discuss.