PARA1 Test 4 COMPLETE
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School
California State University, San Marcos *
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Course
MISC
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
5
Uploaded by MasterWhalePerson1030
Section One
The information gathered at an initial client interview should be recorded in an intake memo. It contains the facts given by the client and comments by the interview about the client and the case. The memo should have the heading, the personal data, statement of assignment, body of the memo, and the conclusion. It is important to take good notes and have a good intake memo as the interview sets the foundation for the entire litigation process.
Section Two
5 important tasks
1.
One of Jim’s friends asked to borrow the keys to Jim’s car so that he could move it to get to his car.
2.
A little after midnight, Jim left the party to go home.
3.
Jim was charged with theft of goods.
4.
Jim maintains that he is innocent, that he was at the party the entire time, and that
the friend must have used the borrowed keys to take Jim’s car and commit the crime.
5.
Jim’s car has been impounded pending the outcome of the case.
Particularize # 4
Who was Jim’s friend who asked to borrow the keys? What was Jim doing that he couldn’t
move his car himself? Where was Suzie at the time Jim’s friend asked for the keys? Can Suzie prove that Jim was not drinking and had left after midnight to go home?
Section Three
1.
Issue of Fact: Mr. Jones was chopping a tree between his and Mrs. Smith’s yard. A large limb fell into Mrs. Smith’s yard and injured her dog. Investigation Points: Did the tree (or majority of it) belong to Mr. Jones’ yard or Mrs.
Smith’s? Did he check the surrounding area before chopping the tree? How injured was the dog? Issues of Law: Was Mr. Jones allowed to chop down the tree? Was the tree limb that Mr. Jones cut in his yard or Mrs. Smith’s yard? Is Mr. Jones responsible for Mrs.
Smith’s dog getting injured?
2.
Issue of Fact: Mrs. Brown purchased a lot near the lake. The deed of the sale did not have a date or notary stamp. Investigation Points: Who did Mrs. Brown purchase the property from? When did she purchase the property? Did Mrs. Brown get a copy of the deed when she purchased the property? Why was the deed recorded with a date or notary stamp?
Was the deed recorded? Issues of Law: Is the deed valid without the notary stamp or date? Does Mrs. Brown legally own the property?
3.
Issue of Fact: Mr. Abe owns a grocery store. A patron filed a suit claiming a slip and fall. Mr. Abe saw the patron throw himself off a cart corral. Investigation Points: Were there other patrons or witnesses in the store at the time? Are there security cameras? What type of injuries did the patron sustain? Issues of Law: Is Mr. Abe liable for the patron’s slip and fall? 4.
Issue of Fact: Mr. Tinker took his airplane to the park. The airplane crashed through the window of a home across the street from the park. The homeowner property was damaged.
Investigation Points: Has the model airplane had issues before? Are there any other reported issues of the failed rudder? Is Mr. Tinker’s model airplane considered an uncontrolled flight? How was the home damaged? Issue of Law: Is the flight of radio-controlled, gas engine model airplanes allowed in the park? Is there a law, ordinance, or other rule that expresses this? Are there signs in the park prohibit the above?
5.
Issue of Fact: Mrs. Hulah owns several parrots. She charges tourists $5 to take pictures with them at the beach. A child was bit by one of the birds.
Investigation Points: Does Mrs. Hulah have a contract or agreement for any of the tourists who pay? Are there any restrictions on who is allowed to take pictures? Are the tourists allowed to handle any of the birds? What kind of injuries did the child sustain? Was Mrs. Hulah aware that her birds bit people? Did Mrs. Hulah give people such a warning?
Issues of Law: Was Mrs. Hulah negligent when her bird bit the child?
Section Four
STATE OF CALIFORNIA
SUPERIOR COURT: COUNTY OF RIVERSIDE
_____________________________________________________________________________________________
___
HULAH HATTER,
Plaintiff,
REQUEST FOR INTERROGATORIES
v.
Index No: 123
FOODS DELUXE,
Defendant,
_____________________________________________________________________________________________
___
Plaintiff requests that Defendant respond to the following interrogatories separately and
fully in writing and under oath, and that the response be signed by the person making them and
be returned to Mr. Daire Irwin at the CLS Barbari Law Offices at 100 ABC Street, Temecula,
CA 92591 within thirty (30) days after service of these interrogatories.
INTERROGATORIES
1.
Please identify the person or persons responding to these Interrogatories on behalf
of
the defendant, and identify each person who has provided information in connection with
these interrogatories.
2.
Identify any person not already named as party to the suit whom you contend caused or
contributed to the occurrence complained of, including any architect, engineer, designer,
contractor, subcontractor, or others.
3.
Identify each person with whom you are aware that:
a.
Witnessed the event(s) occurring immediately before and after the incident;
and/or who
b. Heard any statements made about the incident by any individual at the scene.
4.
Identify each employee with personal knowledge of the incident.
a.
For each, identify their job title and job or function which was being performed by
them at the time of the incident.
5.
Identify each person interviewed concerning the incident. For each person, state
a.
The date of the interview.
b.
The substance of this interview.
c.
If applicable, a reproduction of the recording and/or transcript.
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6.
Identify each and every written report made by any person concerning the incident.
7.
Please state, in your own words, what you believe happened to the plaintiff at Foods
Deluxe located at 123 Grocery St, Temecula, California, on December 25, 2023, and include in
your answer the bases upon which you have formed that belief.
8.
Identify any insurance agreement(s) under which any insurance businesses may be
liable to satisfy part or all of any judgment which may be entered in this action, or to
indemnify or reimburse you for payments made to satisfy the judgment, including in your
answer the amount in limits of any such liability insurance coverage.
9.
Identify any previous or subsequent incidents of which or where which occured in
substantially the same manner as the incident complained of in this lawsuit at the
premises of 123 Grocery St, Temecula, California.
10.
Identify any training programs or instructions for the automated conveyor belt system at
123 Grocery St, Temecula, California.
11.
Identify any training or onboarding documents or instructions for new employees at 123 Grocery St, Temecula, California.
12.
Identify any and all documents concerning the maintenance of the conveyor belt system,
in the year up to December 25, 2023.
13.
Identify any documents in relation to any and all issues regarding the automated
conveyor belt system in the year up to December 25, 2023.
14.
Identify any and all employees that worked the automated conveyor belt system at 123
Grocery St, Davis, California on December 25, 2023.
15.
At the time of plaintiff's injury, do you contend that any person or entity other than you
manage the premises and which plaintiff alleges he was injured, and, if so, state each
and every fact upon which you base the contention and identify each and every writing
that supports that contention.
Dated: Temecula, California
January 30, 2024
Respectfully submitted,
By: ________________________
Daire Irwin
Attorney for Plaintiff
100 ABC Street
Temecula, CA 92591
(951)888-9991
CERTIFICATE OF SERVICE
I, Daire Irwin, attorney for the Plaintiff do hereby certify that a true and correct copy of the
Plaintiff's Request for Interrogatories was served, upon Counsel to Defendant via electronic mail
and by first class mail via U.S. Postal Service to the last known address known to me this 30
th
day of January, 2024 addresses as follows:
Regina Randolph, Registration #667
6868 Pothole Road
Amherst, NY 00101
(555)555-5551