Memorandum of Law and Letter Sample Essay

1914 Words Apr 29th, 2013 8 Pages
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
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This division comprises the counties of Riverside and San Bernardino. 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 5 miles from the boundary of either such city.

II. Bob is requesting information on three different cases that have similar fact patterns. Bob’s case Vs. Al will need to be filed within California Superior Court, Small Claims Court Title Three based on Civil Rules 3.1 – 3.2120. This division will hear Bob’s 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.

Bob’s claim against Cathy based on the $7,000.00 promissory note should be filed as an action as a Small 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 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 Dan’s case if Bob didn’t think he would ever recover more than $10,000 he could handle this case in small claims court and save

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