Memorandum Of Law: Case Study

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MEMORANDUM OF LAW TO: Senior Partner FROM: Research Associate RE: Courts and Jurisdictions DATE: April 8, 2015 QUESTIONS PRESENTED 1. Overview of state and federal courts in California 2. Which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file 3. Why Bob should file his lawsuits in these particular courts or a particular court, and 4. Which courts Bob has to represent himself in and which courts allow Bob to have representation. STATEMENT OF FACTS Client, Bob, is a resident of California, residing in Los Angeles. He has loaned various amounts of money to different people, none of which have paid him back. The amounts vary, but in all cases Bob has a signed Promissory…show more content…
Specifically, for the case against Al, since the amount is $500, Bob should sue in small claims court. He does not need an attorney to sue in this court. He can go to the court in Los Angeles and file the paperwork himself. When he goes to trial he should take a copy of the Promissory Note as evidence that the loan was made, and is past due. Bob should not have any problems with this case. Bob has not past the statute of limitations to file a case in small claims court. Because this was a written agreement, Bob has four years to file an action against Al. This is all assuming that Al is over the age of 18. Bob will have to represent himself in Small Claims Court. Because this claim is less than $2,500, Bob can still file against two more people for over the amount of $2,500. This claim will not jeopardize his ability to file two more claims over $2,500 within one year in the…show more content…
You are limited to the amount of cases you can file in small claims court that are over $2,500.00 to two per year. Because of this, the claim against Cathy will count as one of those cases, but the claim against Al will not count as one of the cases you are limited to file in Small Claims Court due to the smaller amount. It is important that you have not exceeded the amount of lawsuits over $2,500.00 for this year already if you have filed other cases in the Small Claims Court. You are still within the required statute of limitations to file your claims against both Al and Cathy. With regard to both the cases here, you will be required to represent yourself. An attorney is not permitted to represent you in small claims court. Because the amount you have loaned to Dan is over $25,000, this case will have to be filed in the Superior Court in Los Angeles. This court has proper jurisdiction. In this case, our firm can represent you. We can appear on your behalf. Due to subject matter, breach of contracts, all your cases would be filed in the state courts rather than the federal courts. Federal courts deal with special areas of the law, and these claims do not fall into those areas. Therefore, the proper jurisdiction for each of these cases would be in the state level courts. As you consider how to move forward with the carious claims, please remember we can assist you with the two cases in

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