Memorandum of Law and Letter Sample
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 Superior Court Civil Division. If we were to receive an unfavorable ruling above in a court other than
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 Superior Court Civil Division. If we were to receive an unfavorable ruling above in a court other than