Premium Essay

Memorandum of Law and Letter Sample

In:

Submitted By jdaniels
Words 1906
Pages 8
Memorandum of Law
To: Al Smith, Senior Partner
From: Research Associate
RE: State and Federal Court System for California: Bob v. Al, Kathy, Dan
Date: January 3rd, 2012

Questions Presented

I. Overview of the State and Federal Courts in California.

II. Which California court or courts hold jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file?

III. Why should Bob file his lawsuits in a particular court or courts?

IV. Which case Bob must represent himself?

Statement of Facts

Our client Bob resides in Los Angeles, California and has asked for our advice in three separate cases in which he has loaned people money.

In the first case, Bob loaned $500 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything.

In the second case, Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid.

In the third 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 all reside in Los Angeles, California.

California Statutes of Limitation
Written agreements (promissory note): 4 years, calculated from the date of breach. Oral agreements: 2 years. The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

Brief Answers

I. Superior courts now have trial jurisdiction over all civil cases including family law, probate, juvenile, and general civil matters. For monetary issues under $10,000 a person in pro-per 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

Similar Documents

Free Essay

Why Financial Intermediaries Exist

...Business This collection contains materials that inform, instruct, and support those who wish to develop or improve a set of writing skills that will have practical applications in the business environment. Included are annotated examples, online templates and step-by-step guides for writing common business documents such as letters, memos, email, and press releases. Category: Business Documents Hide Descriptions Writing Guides Business Letters: When you write business letters in industry or for a class, knowing your purpose and audience will help determine what information to include. Generally, business letters follow a particular format, although your instructor or company may require you to use alternative formats. This guide provides writers with an introduction to writing business letters. Case Studies: This guide examines case studies, a form of qualitative descriptive research that is used to look at individuals, a small group of participants, or a group as a whole. Researchers collect data about participants using participant and direct observations, interviews, protocols, tests, examinations of records, and collections of writing samples. Starting with a definition of the case study, the guide moves to a brief history of this research method. Using several well documented case studies, the guide then looks at applications and methods including data collection and analysis. A discussion of ways to handle validity, reliability, and generalizability follows, with...

Words: 795 - Pages: 4

Free Essay

Student

...Chapter I INTRODUCTION One method of enhancing and enriching the skills of students is by undertaking the On-the-Job Training. Students who are taking up Bachelor of Science in Information Technology are given the chance to undergo the so called On-the-Job Training to be able to apply the knowledge they acquired from school to their respective chosen agencies. It is the beginning of the greatest educational experience a BSIT student would encounter. It is one way of developing their sense of responsibility upon performing the given task by their supervisors and the rest of the office staff. It is also the time for a BSIT student to develop the desirable traits of a future office worker. Thus, a BSIT student has the opportunity to develop attitudes, skills and understanding which is necessary in the field of information technology particularly in the IT/ computer-related workplaces as IT professionals. As BSIT students, the On-the-Job Training provides a background of what is really going-on in a certain office. On-the-Job Training provides the opportunity in promoting worthy values and developing strong moral character among other people in the community. It is one of the factors that are helpful to the students in enriching and enhancing their knowledge learned at school. It is also one way of preparing the BSIT student in the real world of works after schooling. The development of the student who undergoes such training can be determined through the...

Words: 5728 - Pages: 23

Free Essay

Asdasd

...Chapter I INTRODUCTION One method of enhancing and enriching the skills of students is by undertaking the On-the-Job Training. Students who are taking up Bachelor of Science in Information Technology are given the chance to undergo the so called On-the-Job Training to be able to apply the knowledge they acquired from school to their respective chosen agencies. It is the beginning of the greatest educational experience a BSIT student would encounter. It is one way of developing their sense of responsibility upon performing the given task by their supervisors and the rest of the office staff. It is also the time for a BSIT student to develop the desirable traits of a future office worker. Thus, a BSIT student has the opportunity to develop attitudes, skills and understanding which is necessary in the field of information technology particularly in the IT/ computer-related workplaces as IT professionals. As BSIT students, the On-the-Job Training provides a background of what is really going-on in a certain office. On-the-Job Training provides the opportunity in promoting worthy values and developing strong moral character among other people in the community. It is one of the factors that are helpful to the students in enriching and enhancing their knowledge learned at school. It is also one way of preparing the BSIT student in the real world of works after schooling. The development of the student who undergoes such training can be determined through the...

Words: 5728 - Pages: 23

Premium Essay

Essay

...1 The Adopt-A-School Program Potential engineers, scientists, mathematicians, and artists are in our schools, but they may not have a chance to pursue their dreams due to economic difficulty. Their parents dream of a better life for their children and strive hard to provide well for them, but in many cases, even just the provision of food for each household’s table is already a struggle. The government allots the biggest share of the national budget to public basic education, but the amount still cannot keep up with the increasing student population. There are even more children who are out on the streets and who have to be shepherded into the schools, but government resources are simply not enough to provide them the free, quality education to which they are all entitled. We need generous hearts in the private sector to realize the spirit of Republic Act 8525 or the Adopt-A-School Act, enacted in 1988 for the very purpose of providing a venue for the strong and dynamic private sector to participate in nation-building through investments in the education of Filipino children. The rewards of such investments come through an educated generation that will succeed ours, run our enterprises, and steer this nation to greater heights. Over the years, DepEd introduced interventions to reduce student dropouts and keep the youth off the streets. It has sought to increase student achievement levels and improve teacher performance. It continues to bring the issues and needs of public...

Words: 4119 - Pages: 17

Premium Essay

Food Marketing

...details (mandatory for companies only) 4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only). 5. Photo ID and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorized Signatory. (optional) 6. List of food category desired to be manufactured. (In case of manufacturers). 7. Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch. (mandatory for manufacturing and processors). 8. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only). 9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (optional). 10. Partnership Deed/Affidavit/Memorandum & Articles of Association towards the constitution of the firm. (optional). 11. Copy of certificate obtained under Coop Act - 1861/Multi State Coop Act - 2002 in case of Cooperatives. (wherever applicable). 12. NOC from manufacturer (mandatory for Re-labellers and Re-packers) 13. Food Safety Management System plan or certificate (if any). 14....

Words: 517 - Pages: 3

Premium Essay

Audit Manual

...audit program. The purpose of audit planning process is to generate information and ideas to better understand the audit subject, determine the audit objective, and to develop the audit field work program. Planning also involves estimating the time and resources necessary to complete the audit. The evidence gathered in background research and later fieldwork is documented in the working papers. Key outputs of audit planning include an audit background memorandum; audit scope statement; risk and vulnerability assessment document; and field work audit program. AUDIT PLANNING PROCESS The audit planning process can be divided into the following three phases: 1) starting the project, 2) preliminary survey (planning the audit and conducting risk assessment), and 3) developing the audit program. These steps are followed by fieldwork and reporting. Details of each of the steps are noted below. Audit Start City Auditor assigns staff to audit. City Auditor and audit team hold a project initiation and expectation meeting. Job start letter sent to agency or department director. If requested audit, Audit staff research audit topic-program, policy, or agency. Conduct entrance conference with agency. o o o o o  o o o Preliminary Survey & Risk Assessment Obtain and review relevant background documents. Define audit scope....

Words: 6307 - Pages: 26

Premium Essay

Case 22.15 Cj Capstone Project

...Confidence will grow in the lab with certification as well. Once a lab is deemed certified, it must continue to demonstrate quality and adaptability to remain certified. If not, or if the lab suffers any setback or does not abide by the bylaws of the ASCLD, revocation of the certification will occur. Labs that want to be certified should also draft a memo, or justification letter, to the ASCLD and to its management for becoming certified. The memo should state all reasons why the lab is wanting certification, the program it specializes in (type of lab, in other words) and why certification would help the lab. All labs also need testing requirements, such as testing for DNA, using the principles of ASCLD. All labs deal with biological matter, so there has to be safety standards set in order to protect workers from exposure. A good example of this is if someone was exposed to blood collected form a scene or evidence, or a victim. OSHA sets standards and regulations that must be followed, so labs need to have policies in place, and visible to all employees. There are examples of all such a memos...

Words: 1438 - Pages: 6

Premium Essay

Process of Issuing Audit Report

...INTRODUCTION A financial audit, or more accurately, an audit of financial statements, is the verification of the financial statements of a legal entity, with a view to express an audit opinion. The audit opinion is intended to provide reasonable assurance that the financial statements are presented fairly, in all material respects, and/or give a true and fair view in accordance with the financial reporting framework. The purpose of an audit is to enhance the degree of confidence of intended users in the financial statements. The general definition of an audit is an evaluation of a person, organization, system, process, enterprise, project or product. The term most commonly refers to audits in accounting, but similar concepts also exist in project management, quality management, and energy conservation. Financial audits are typically performed by firms of practising accountants who are experts in financial reporting. The financial audit is one of many assurance functions provided by accounting firms. Many organizations separately employ or hire internal auditors, who do not attest to financial reports but focus mainly on the internal controls of the organization. External auditors may choose to place limited reliance on the work of internal auditors. Internationally, the International Standards on Auditing (ISA) issued by the International Auditing and Assurance Standards Board (IAASB) is considered as the benchmark for audit process. Almost all jurisdictions require auditors...

Words: 7789 - Pages: 32

Premium Essay

Swat

...SWAT Standard For Law Enforcement Agencies National Tactical Officers Association Published September 2011 Dedicated to the memory of Sergeant Mark Renninger End of watch: November 29, 2009 NTOA SWAT Standard COPYRIGHT NTOA SWAT Standard Copyright 2008, 2011 National Tactical Officers Association Published September 2011 All rights reserved. This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the National Tactical Officers Association (NTOA), with the following exception: NTOA staff and training instructors are hereby given permission by NTOA to reproduce any or all of the contents of this manual for internal use within the organization or for training classes. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and law enforcement agencies, may not print or download this publication for non-commercial use without permission from the NTOA. Questions about this copyright information or about obtaining permission to use NTOAdeveloped publications may be addressed to the Executive Director at 1-800-279-9127. © 2008, 2011, NTOA. All rights reserved. 2 NTOA SWAT Standard CONTENTS Copyright .................................................................................................

Words: 8386 - Pages: 34

Free Essay

Business Model

...Flow/Logic .…………………………………………………………………………….4 Introduction ..……………………………………………………………………………5 Conclusion .…………………………………………………………………………….5 Spelling ....…………………………………………………………………………..6 Style tips ..……………………………………………………………………………6 Paragraphs ...………………………..………………………………………………….7 Generalization and Support ..……………………………………………………………7 Transitions ………………………………………………………………………….….7 Sentences ...…………………………………………………………………………...8 Complete Sentences ……………………………………………………………..8 Wordiness ……………………………………………………………………………..8 Grammatical ……………………………………………………………………..8 Punctuation ……………………………………………………………………………..8 Active/Passive word use ……………………………………………………………10 Appendix A (Business Letter) .………………………………………………..….11 Appendix B (Memorandum) …..………………………………………………………..12 Appendix C (E-mail) ..…………………………………………………………………..13 Appendix D (Word Choice list) ..…………………………………………………..14 Appendix E (Writing Process chart) ..…………………………………………………..16 Appendix F (Reading Resource list) ..…………………………………………………..17 Appendix G (Self-grading checklist) ……………………………………………………18 Introduction In our daily lives, either at school or on the job, there exists the need for good written communication skills. We have all turned in a report at one time or another that wasn’t written as well as it could have been. This, unfortunately, sheds a negative light on us. There is...

Words: 3772 - Pages: 16

Free Essay

The Career Manual

...participate in the Career Center’s required first-year curriculum.  Engage with the Law School and broader legal community to: o Master key laws and current challenges in your practice area of interest; o Strengthen core skills needed to demonstrate your commitment to qualification for a career in your desired field; and o Create advocates invested in your professional success by actively pursuing intentional relationships. October 2011  Prepare your best legal resume, utilizing the guidance and resources provided in this Manual.  Prepare your “baseline” cover letter for legal positions utilizing the guidance and resources provided in this Manual.  Attend Foundations of Professional Development presentation to which you are assigned by LARW section. o Receive and review your copy of the Class of 2014 Career Planning Manual. o Receive and review the eight-session, required curriculum for all firstyears. o Receive and review the list of summer opportunities accepted by members of the Class of 2013 as first-years. o Receive and review the abbreviated professional biographies of the Career Center’s dedicated advisors.  Attend Writing Successfully: Resume & Cover Letter workshop to which you are assigned by LARW section. o Receive the password to access the Career Center’s online PDRC. o Sign-up for your initial meeting with a member of the Career Center team.  Refine your resume and baseline cover letter as needed and provide copies to your career...

Words: 34853 - Pages: 140

Premium Essay

Analysis of an Argument Questions for the Gmat

...anything, would help you better evaluate its conclusion. The following appeared as part of an annual report sent to stockholders by Olympic Foods, a processor of frozen foods: “Over time, the costs of processing go down because as organizations learn how to do things better, they become more efficient. In color film processing, for example, the cost of a 3-by-5-inch print fell from 50 cents for five-day service in 1970 to 20 cents for one-day service in 1984. The same principle applies to the processing of food. And since Olympic Foods will soon celebrate its 25th birthday, we can expect that our long experience will enable us to minimize costs and thus maximize profits.” Discuss how well reasoned . . . etc. The following appeared in a memorandum from the business department of the Apogee Company: “When the Apogee Company had all its operations in one location, it was more profitable than it is today. Therefore, the Apogee Company should close down its field offices and conduct all its operations from a single location. Such centralization would improve profitability by cutting costs and helping the company maintain better supervision of all employees.” Discuss how well reasoned . . . etc. The...

Words: 15216 - Pages: 61

Premium Essay

Auditing

...drawn there from portrays a true and fair view of the company’s state of affairs at a given date. The above definition can be broken down as follows: i. Independent examination: this is conducted by a qualified accountant qualified according to the Companies Act. The qualified accountant must be independent of all parties with an interest in the company e.g. management, directors and third parties. His independence is very crucial because; a. This independence is a requirement of the Companies Act, Cap 486. b. The independence is a requirement of the Institute of Certified Public Accountants of Kenya (ICPAK) professional body for ethical reasons. ii. Books of accounts: according to the Companies Act, Cap 486, of the laws of Kenya, a limited company must maintain: a. Cashbook b. Asset register c. Ledgers d. Shareholders’ register The first three books are statutory books of accounts that must be kept by companies at their registered offices. iii. Vouchers: these are documents in support of transactions in the books of account e.g. an agreement, a receipt, invoice, debit and credit notes etc. the auditor will check a voucher for: a. Authorization: whether it was authorized by the rightful authority. b. Date: whether it is of the current period under audit. c. Recording: whether it is recorded in the correct books of account. d. Whether it is for the business: whether it relates...

Words: 40889 - Pages: 164

Premium Essay

Gmat

...would help you better evaluate its conclusion. The following appeared as part of an annual report sent to stockholders by Olympic Foods, a processor of frozen foods: “Over time, the costs of processing go down because as organizations learn how to do things better, they become more efficient. In color film processing, for example, the cost of a 3-by-5-inch print fell from 50 cents for five-day service in 1970 to 20 cents for one-day service in 1984. The same principle applies to the processing of food. And since Olympic Foods will soon celebrate its 25th birthday, we can expect that our long experience will enable us to minimize costs and thus maximize profits.” Discuss how well reasoned . . . etc. The following appeared in a memorandum from the business department of the Apogee Company: “When the Apogee Company had all its operations in one location, it was more profitable than it is today. Therefore, the Apogee Company should close down its field offices and conduct all its operations from a single location. Such centralization would improve profitability by cutting costs and helping the company maintain better supervision of all employees.” Discuss how well reasoned . . ....

Words: 15216 - Pages: 61

Free Essay

Doc Policy

...SAMPLE DOCUMENT RETENTION AND DESTRUCTION POLICY AS OF DECEMBER 1, 2009 NOTE ON THE SCOPE OF THIS MATERIAL This material is designed to provide general guidance about an aspect of nonprofit corporate governance in the specific and limited context of the governance questions contained in the new IRS Form 990 (published by the IRS in 2008 and applicable to 990 filers based on a 2009-2011 filing year phase-in period depending on the size of the nonprofit). It is intended to provide some general guidance on the establishment of processes and/or policies to address a specific governance question in the Form. The subject matter of that question implicates a broad array of legal and practical issues ranging far beyond the immediate subject matter of the question itself. This material may address some of those issues but does NOT attempt to review them comprehensively and is NOT intended to be relied on for guidance on how they should be addressed in any specific situation. Whether or not a nonprofit organization adopts a specific governance process or policy (or modifies an existing one), either in response to the disclosure requirements of the new IRS Form 990 or to change its governance practices for other reasons is a matter to be carefully considered by that organization, with input from its board and advisors and evaluation of its specific circumstances. The IRS has explicitly stated that adoption of the policies and practices about which the new Form 990...

Words: 2283 - Pages: 10