Memorandum of Law To: Al Smith, Senior Companion From: Analysis Affiliate RE: State and Federal Court docket System for California: Bob v. Al, Kathy, Dan Date: January third, 2012 Questions Introduced I. Overview of the State and Federal Courts in California. II. Which California court docket or courts maintain jurisdiction for the quantity in controversy within the three lawsuits that Bob needs to file? III. Why ought to Bob file his lawsuits in a specific court docket or courts? IV. Which case Bob should characterize himself? Assertion of Info
Our consumer Bob resides in Los Angeles, California and has requested for our recommendation in three separate circumstances during which he has loaned folks cash. Within the first case, Bob loaned $500 to Al. Al signed a promissory observe which says that Al will repay the mortgage in a single month. Al has not paid something. Within the second case, Bob loaned $7,000. 00 to Cathy 14 months in the past. Cathy signed a promissory observe which states that she would pay the observe in full in 12 months. She has not paid. Within the third case, Bob loaned $55,000 to Dan 24 months in the past. Dan signed a promissory observe stating he would repay the mortgage in 18 months. Dan has paid nothing.
Al, Cathy, and Dan all reside in Los Angeles, California. California Statutes of Limitation Written agreements (promissory observe): four years, calculated from the date of breach. Oral agreements: 2 years. The statute of limitation is stopped provided that the debtor makes a fee on the account after the expiration of the relevant limitations interval. Transient Solutions I. Superior courts now have trial jurisdiction over all civil circumstances together with household regulation, probate, juvenile, and common civil issues. For financial points underneath $10,000 an individual in pro-per residing in Los Angeles may file a criticism in small claims court docket.
All filings over $10,000 must be made in Los Angeles County Superior Court docket Civil Division. If we had been to obtain an unfavorable ruling above in a court docket aside from small claims court docket we might file an enchantment to the 2nd District Court docket of Enchantment additionally situated in Los Angeles, California. If that ruling was not in our favor we may than enchantment to the California Supreme Court docket if mandatory. Federal courts are related in construction to State courts in California. The Supreme Court docket is the very best court docket in our nation’s judiciary. There are two ranges of Federal courts underneath the Supreme Court docket, they’re The U.
S. District Courts (the Trial Courts), and The U. S. Courts of Appeals (the Appellate Courts). II. The three lawsuits might be fled in Los Angeles County Superior Court docket. To avoid wasting himself a while and cash Bob may file the circumstances towards Al ($500) and Cathy ($7,000) in small claims court docket. Nonetheless, we might not be capable to make appearances for Bob in these two circumstances since they’re in small claims court docket, we may advise and put together him on what he must say whereas he’s in court docket. If Bob needs us to make the appearances for him we may file all three circumstances in Los Angeles Superior Court docket Civil Division.
If Bob elects to deal with the primary two circumstances on his personal in small claims court docket we may characterize him on the third case towards Dan ($55,000) in Los Angeles Superior Court docket Civil Division. Bob does have the choice of submitting towards Dan in small claims court docket however he would solely be capable to obtain $10,000 and would forfeit the rest of the mortgage endlessly. Bob must also know that any of our charges wouldn’t be recoverable in small claims court docket besides in uncommon circumstances. III. Bob ought to file the 2 smaller circumstances in small claims court docket to save lots of him time and cash in getting a judgment that may be enforced.
Our agency can characterize him within the third case towards Dan and we must always be capable to get better legal professional charges and price for him once we win a judgment for him. After a judgment is made we are able to help Bob in submitting the suitable liens in his case to ensure he has a approach of recouping his losses from the defendants. IV. Bob should positively characterize himself within the first case with AL in small claims court docket. Since it’s such a low sum of cash it could not be price it for him to make use of our agency for something aside from authorized recommendation in what paperwork he must file and issues he must say whereas in court docket.
If Bob feels snug after he does the primary case he shouldn’t have any downside continuing on his personal within the second case in small claims court docket. Dialogue I. The State of California Supreme Court docket features authority and jurisdiction by way of the Structure of California, Article 6 Part 1. The authority of dividing the state into division creating the Court docket of Appeals jurisdictions is giving to the legislature by way of the Structure of California, Article 6, Part three. The legislature has arrange six districts for the Court docket of Appeals based mostly on geography. Throughout the jurisdiction of the Court docket of Appeals are the Superior Courts of California.
The Superior Courts have been created by the authority of the Structure of California, Article 6, Part four. The authority of the Supreme Court docket is given by way of the 14th Modification of the US Structure and is subdivided into the totally different circuits and districts by authority of the US Code Title 28, Half 1. On this Code are the wanted statutes giving energy and jurisdiction to the varied federal courts. The court docket of appeals are comprised of 13 separate judicial circuits as acknowledged in United States Code Title 28, Half 1, Chapter three, § 41.
This identical statute covers the world of California, inserting California into the Ninth Circuit Jurisdiction. United States Code Title 28, Half 1, Chapter 5, § 84, (C), Part (1) divides the Central District into Divisions inserting Los Angeles into the Central District Courts and the Japanese Division. This division includes the counties of Riverside and San Bernardino. Court docket for the Japanese Division shall be held at an acceptable web site within the metropolis of Riverside, town of San Bernardino, or no more than 5 miles from the boundary of both such metropolis. II. Bob is requesting data on three totally different circumstances which have related reality patterns.
Bob’s case Vs. Al will have to be filed inside California Superior Court docket, Small Claims Court docket Title Three based mostly on Civil Guidelines three. 1 – three. 2120. This division will hear Bob’s declare for the quantities underneath $10,000 SB221. A plaintiff could not file a declare exceeding $2500. 00 greater than twice per 12 months, so this needs to be saved into consideration ought to Bob have subsequent claims within the close to future. Bob’s declare towards Cathy based mostly on the $7,000. 00 promissory observe needs to be filed as an motion as a Small Claims Case to be tried inside the Superior Court docket Small Claims Division, of Los Angeles.
Each circumstances towards Cathy and Al could be dealt with equally because the solely distinction is the greenback quantities. Bob can see how snug he feels after the primary case is accomplished and then resolve if he needs to deal with it in small claims court docket or if he would love our agency to characterize him in Superior Court docket Civil Division. In Dan’s case if Bob didn’t assume he would ever get better greater than $10,000 he may deal with this case in small claims court docket and save himself time and cash though he could be taking a serious loss.
If Dan has the property and potential for Bob to get his a reimbursement than our agency ought to characterize him within the civil division of Los Angeles Superior Court docket and Bob with a judgment Bob would be capable to get better legal professional’s charges. III. By submitting the primary two circumstances in small claims court docket Bob will get monetary savings and time and be capable to implement a judgment he receives sooner as a substitute of the 2 circumstances being tied up in court docket. Acquiring a Lien after judgment underneath CALIFORNIA CODES CODE OF CIVIL PROCEDURE SECTION 697. 310-697. 410 could be the one approach to ensure our consumer can recoup his claims.
The case with Dan needs to be filed in Los Angeles Superior Court docket Civil Division so Bob has an opportunity at recouping all of the cash he has loaned. IV. Bob should characterize himself in any case he needs to file in small claims court docket pursuant to California Civil Code, Part 116. 540 stating that besides in circumstances that won’t relate to this inquire about legal professional illustration, and “no particular person aside from the plaintiff and the defendant could participate within the conduct or protection of a small claims motion. __________________________ Analysis Affiliate Shopper Letter Expensive Bob, You could have requested me to do some authorized analysis concerning the overview of the State and Federal Courts in California and the place to start the restoration of three loans you made at totally different instances to 3 totally different folks in Los Angeles, California utilizing promissory notes. For financial points underneath $10,000 an individual residing in Los Angeles may file a criticism in small claims court docket. All filings over $10,000 must be made in Los Angeles County Superior Court docket Civil Division.
If we had been to obtain an unfavorable ruling above in a court docket aside from small claims court docket we might file an enchantment to the 2nd District Court docket of Enchantment additionally situated in Los Angeles, California. If that ruling was not in our favor we may than enchantment to the California Supreme Court docket if mandatory. Federal courts are related in construction to State courts in California. The Supreme Court docket is the very best court docket in our nation’s judiciary. There are two ranges of Federal courts underneath the Supreme Court docket, they’re The U. S. District Courts (the Trial Courts), and The U. S. Courts of Appeals (the Appellate Courts).
It’s my understanding that Al, Cathy and Dan are refusing to repay the beneficiant loans that you just made to them. Underneath California Statue of Limitations you’ve four years to file a declare for breach of a promissory observe and you’re effectively inside your rights to take action so long as you don’t wait longer than 4 years from the date that the breach occurred. So as so that you can begin your two circumstances towards Al and Cathy you will want to file a declare in Los Angeles County small claims court docket because the quantities of $500 and $7,000 is effectively beneath the small claims court docket allowable restrict of $10,000. I’d be pleased to ssist you in submitting your declare and also can help in getting ready you to your court docket date however small claims court docket guidelines don’t mean you can be represented by an legal professional at court docket. By submitting this case in small claims court docket and then acquiring a judgment this may be the most cost effective and quickest approach in serving to you to get better your cash on this case. The third case towards Dan must be filed in Los Angeles Superior Court docket Civil Division. On this case you would additionally file for cheap legal professional’s charges and price in addition to the $55,000 mortgage. Please let me know whether or not there’s the rest I can do for you. Respectfully, Al Smith
