Civil Procedure III – Written Assignment: Five Documents Paralegal Training Program – Winter 2023 (5 Months) Instructor – Judge (Ret.) Phillip Argento
Due on Canvas – Friday, May 19, 2023 at 11:59 PM
Introduction
To begin this Written Assignment, you should carefully read the Scenario below. Though short, there is much to consider. You will be completing five distinct documents for the provided Scenario.
Motion in Limine (no more than 4 pages; no need for proof of service on this or other documents)
Witness List
Exhibit List
Joint Statement of the Case
Filing Due Dates
Describe briefly each of the four court documents above.
Set forth its due date for filing (the last date mandated by statute or court rule).
Cite authority for each due date by express reference to one or more California statutes, California Rules of Court, Los Angeles Superior Court Rules, or paragraph number in the required text, namely, California Paralegal Manual: Civil Trials and Evidence (2020) by Allen & Mohr.
By far, the most important documents are the Motion in Limine and the Joint Statement of the Case. The only evidence you may work with appears below in the Scenario, but that evidence may support reasonable inferences that you may use. You may not make up evidence unless the Scenario specifically requests you to do so, but only as requested.
Scenario
Christine Connors has sued Capital Group, Inc. (“CGI”) for wrongful termination, sexual harassment, and retaliation. Christine worked for CGI in its marketing department from 2005 – November 1, 2014, when she was terminated, ostensibly due to poor performance. Ms. Connors alleges that the real reason for the termination was her refusal to succumb to William Capital’s, President of CGI, romantic advances. She alleges that on October 15, 2014, she complained to her boss, Jon Bosman that Mr. Capital had invited her to a “business dinner” but upon arrival at the restaurant, Ms. Connors realized there were no clients present and that Mr. Capital intended for the evening to be a romantic encounter. Ms. Connors alleges her termination was in retaliation for her rejection of Mr. Capital’s romantic advances and her complaining of them to Mr. Bosman.
Discovery has revealed that ten years prior to Ms. Connor’s employment with CGI, she worked as a dancer in a Strip Club in Hollywood. Ms. Connors is concerned that if the jury learns of her prior occupation, they will be prejudiced against her and not keep an open mind as to her claims.
Trial is set for January 15, 2016, with the FSC on January 6, 2016.
Your firm represents Ms. Connors. The partner on the case has asked you to prepare the following documents: (1) a Motion in Limine (no more than 4 pages) set for hearing at the FSC on behalf of Plaintiff seeking to exclude her employment as an adult entertainment dancer; (2) a Witness List: (3) an Exhibit List: and (4) a Joint Statement of the Case. The partner wants you to determine when these four documents must be filed.
For the Witness List, add the names and titles of two additional witnesses who should testify at trial (make them up to demonstrating creativity and understanding of this
assignment). Similarly, for the Exhibit List, add one additional exhibit (make it up) that should be presented at trial.
The witnesses identified by plaintiff are: (1) Christine Connors, (2) Jon Bosman, (3) William Capital, (4) Dr. John Expert, CPA, (5) Mellie Resource, Director of Human Resources for Capital Group Inc., and (6) Dan Remedy, M.D. – Plaintiff’s Psychiatrist.
The exhibits are: (1) Plaintiff’s Personnel File from Capital Group Inc., (2) Plaintiff’s W-2 Forms from 2005-2014, (3) Plaintiff’s Resume, (4) List of all Employers where Plaintiff Has applied for employment post termination, (5) Dr. Expert’s Calculation of Plaintiff’s Damages, and (6) Plaintiff’s medical records from Dr. Remedy.
Rubric: Written Assignment Civ Pro III
The rubric below shows the distribution of points among three learning outcomes: ethos, logos, pathos. You should also be mindful of the distribution of possible points as to each of the five documents. The Motion in Limine is by far the most important document.
They are: (1) Motion in Limine: Ethos 7, Logos 36, Pathos 14, for a total of 57 points; (2) Witness List: Ethos 3, Logos 4, for a total of 7 points; (3) Exhibit List: Ethos 3, Logos 4, for a total of 7 points; (4) Joint Statement of the Case: Ethos 4, Logos 10, Pathos 4 for a total of 18 points; and (5) Filing Due Dates: Ethos 1; Logos 10, for a total of 11 points.
Total points: 100 (57 + 7 + 7 +18 +11 = 100). Rubric: Written Assignment Civ Pro III
Ratings
Criteria Pts
This criterion is linked to a Learning
Outcome: Ethos “Ethos” is Aristotle’s word to describe the credibility of the presenter — here the professional appearance of the four court documents that reflects
compliance with the format requirements established by statutes and
rules, their completeness including due dates. Also, their grammar,
spelling, syntax, and diction are considered.
Points are allocated as follows: The Motion in
Limine is
allocated 7 points (pts), the Witness List 3 pts, the Exhibit List 3 pts, the Joint Statement 4 pts, and the Filing Due Dates 1 pt.
This criterion is linked to a Learning
Outcome: Logos- Aristotle’s word for the strength of the appeal to reason and logic, ideally what
legal argument is all about. The Motion in
Limine is
allocated 36 pts, the Exhibit List 4 pts, the Witness List 4 pts, the
Joint Statement 10 pts, and the Filing Due Dates 10 pts.
View other drafts
Motion in Limine
The Plaintiff, Christine Connors, by and through her attorneys, hereby moves this Court for an Order in Limine to exclude evidence of her prior employment as an adult entertainment dancer.
The Plaintiff is suing the Defendant, Capital Group, Inc., for wrongful termination, sexual harassment, and retaliation. The Plaintiff alleges that she was terminated from her employment with the Defendant because she refused to succumb to the romantic advances of the Defendant’s President, William Capital.
Discovery has revealed that the Plaintiff worked as an adult entertainment dancer ten years prior to her employment with the Defendant. The Plaintiff is concerned that if the jury learns of her prior occupation, they will be prejudiced against her and not keep an open mind as to her claims.
The Plaintiff respectfully submits that the evidence of her prior occupation is irrelevant and should be excluded under Evidence Code section 352. Evidence Code section 352 provides that the court may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) unfairly prejudice any party, or (b) cause undue delay, waste of time, or needless presentation of cumulative evidence.
The Plaintiff’s prior occupation is irrelevant to the issues in this case. The Plaintiff is not being sued for her employment as an adult entertainment dancer. Rather, she is being sued for wrongful termination, sexual harassment, and retaliation. The evidence of her prior occupation is not relevant to any of these claims.
The Plaintiff’s prior occupation is also prejudicial. The jury may be prejudiced against the Plaintiff if they learn of her prior occupation. They may be more likely to believe that she is a promiscuous woman who is not worthy of their sympathy. The Plaintiff respectfully submits that the prejudice created by the evidence of her prior occupation outweighs its probative value.
For the foregoing reasons, the Plaintiff respectfully requests that this Court enter an Order in Limine to exclude evidence of her prior employment as an adult entertainment dancer.
Witness List
The Plaintiff, Christine Connors, by and through her attorneys, hereby submits the following Witness List for the upcoming trial:
Christine Connors
Jon Bosman
William Capital
Dr. John Expert, CPA
Mellie Resource, Director of Human Resources for Capital Group Inc.
Dan Remedy, M.D. – Plaintiff’s Psychiatrist
Exhibit List
The Plaintiff, Christine Connors, by and through her attorneys, hereby submits the following Exhibit List for the upcoming trial:
Plaintiff’s Personnel File from Capital Group Inc.
Plaintiff’s W-2 Forms from 2005-2014
Plaintiff’s Resume
List of all Employers where Plaintiff Has applied for employment post termination
Dr. Expert’s Calculation of Plaintiff’s Damages
Plaintiff’s medical records from Dr. Remedy
Joint Statement of the Case
The Plaintiff, Christine Connors, and the Defendant, Capital Group, Inc., hereby submit the following Joint Statement of the Case for the upcoming trial:
The Plaintiff was employed by the Defendant from 2005 to 2014.
On October 15, 2014, the Plaintiff was invited to a “business dinner” by the Defendant’s President, William Capital.
When the Plaintiff arrived at the restaurant, she realized there were no clients present and that Mr. Capital intended for the evening to be a romantic encounter.
The Plaintiff refused Mr. Capital’s advances.
On November 1, 2014, the Plaintiff was terminated from her employment with the Defendant.
The Plaintiff alleges that she was terminated because she refused Mr. Capital’s advances.
The Defendant denies that the Plaintiff was terminated for any reason other than poor performance.
Filing Due Dates
The following are the due dates for filing the four court documents:
Motion in Limine: December 15, 2015
Witness List: December 15, 2015
Exhibit List: December 15, 2015
Joint Statement of the Case: December 15, 2015
The due dates are set forth in California Code of Civil Procedure section 1005.
