University of West Los Angeles School of Paralegal Studies Course 232 Remedies and Enforcement of Judgments Scott F. Pearce, Esq.

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1 University of West Los Angeles School of Paralegal Studies Course 232 Remedies and Enforcement of Judgments Scott F. Pearce, Esq. Session Two Materials

2 TORTS APPROACH I. Identify the plaintiff's injury. (Be specific.) II. III. Who is responsible for plaintiff's injury? (The charged defendant or somebody else?) What is plaintiff's theory (or theories) for recovery? A. Injuries to plaintiff's person 1. Assault 2. Battery 3. False Imprisonment B. Injuries to plaintiff's property 1. Trespass a. Trespass to Land b. Trespass to Chattels 2. Conversion C. Injuries to Intangible Interests 1. Intentional Infliction of Emotional Distress 2. The Business Torts (Fraud and Interference) 3. Defamation (Note: Constitutional law crossover - 1st Amendment defense) a. Slander b. Libel st c. 1 Amendment Defense 4. Invasion of Privacy Remedies and Enforcement of Judgments - Session Two

3 a. Commercial Appropriation b. False Light c. Public Disclosure of Private Facts d. Intrusion on Seclusion D. Negligence E. Nuisance (Public and Private) F. Strict Liability G. Products Liability 1. Strict Liability 2. Negligence 3. Warranty IV. What are defendant's defenses? A. Contributory Negligence B. Assumption of Risk V. Remedies A. Damages (Compensatory and Punitive) B. Restitution C. Equitable Relief (Temporary and Permanent Injunctions) 1. Inadequate Legal Remedy 2. Property Right 3. Feasibility 4. Balancing 5. Defenses Remedies and Enforcement of Judgments - Session Two

4 Remedies & Enforcement of Judgments Session #2: Torts Damages Intentional torts to the person: Even nominal actual damages give rise to a cause of action that may include punitive damages. Intentional infliction of emotional distress requires actual, not nominal damages. Severe emotional distress is good enough to qualify. The more outrageous the conduct, the less need to show actual damages. Trespass to Chattels requires actual damages, either to the chattel or to the plaintiff's right to possession of the chattels. Conversion can be compensated with damages, measured as fair market value at the time of the conversion. It can also be subject to replevin, which would return the property to the plaintiff. Invasion of Privacy (commercial appropriation, false light, intrusion into seclusion, publication of private facts) does not require proof of special damages. Negligence is a particularly complicated topic. Liability for breach of duty is harder to figure out than the damages suffered by the plaintiff. There are six areas in which damages can be relevant in a negligence analysis: personal injury: past, present and future damages, foreseeability of extent of harm irrelevant. property damage: cost of repair, or cost to replace at the time of the incident punitive damages: only available if defendant's conduct is wanton and willful, reckless or malicious (no punitive damages if mere negligence) non-recoverable items: interest from the date of injury, attorney fees duty to mitigate: plaintiff must take all reasonable steps available collateral source rule: damages are not reduced because plaintiff is compensated from another source, such as health insurance. Plaintiffs are not allowed to recover damages from different plaintiffs for the same injuries in cases with joint liability. Products liability cases based on negligence or strict liability require a showing of personal injury or property damage, not "pure economic loss" Pure economic loss is not recoverable in negligence, generally speaking. Pure economic loss is recoverable in products liability cases involving a breach of the warranties of merchantability and fitness for a particular purpose.

5 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #1 Owner hired Plummer, a plumbing contractor, to repair the plumbing in a store that Owner planned to lease. In performing the repair, Plummer used a connector on a hot water pipe made of a different metal than the pipe itself. As a result of the incompatibility of the two metals, the connector corroded and weakened. This condition was not obvious because the weakened connection was located within a wall. After the repair was completed, the store was leased to Amy's, a swimwear retailer. Two years after Plummer finished the repairs, the connector burst. Hot water broke through the wall and sprayed into the store, scalding Carrie, a customer who was in the store at the time. The water also ruined swimsuits on display in the store. While repairs were being made, Amy's had to close for two months during the summer, causing significant financial loss. Emma, an employee of Amy's, lost her job because of the closure. 1. What rights, if any, does Carrie have against Owner and against Plummer? Discuss. 2. What rights, if any, does Amy's have against Plummer? Discuss. 3. What rights, if any, does Emma have against Owner and against Plummer? Discuss. Remedies & Enforcement of Judgments - Torts Damages - Hypothetical #1

6 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #1 Outline of Issues I. Carrie v. Owner A. Negligence 1. Owner's duty of care as a landlord 2. Owner's vicarious liability for Plummer's negligence II. Carrie v. Plummer A. Negligence 1. Reasonable plumber standard of care 2. Carrie's injuries are foreseeable. 3. The passing of time does not break the chain of causation. III. Amy's v. Plummer A. Negligence - The key issue here is damages. 1. Lost swimsuits and other property damage are recoverable. 2. It may be hard to calculate lost profits. IV. Emma v. Owner A. Negligent Interference With Contract 1. Emma may not be able to show a breach of duty. 2. Emma may not be a foreseeable plaintiff. 3. Emma's injuries may not be foreseeable. 4. Emma's lost wages are pure economic damages. V. Emma v. Plummer: No recovery; incorporation by reference of Carrie v. Plummer for duty and breach, and Emma v. Owner for causation. Remedies & Enforcement of Judgments - Torts Damages - Hypothetical #1

7 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #2 Paul recently moved into the area to open a new restaurant. After months of searching for a personal residence, Paul offered to purchase Seller's house. With his new restaurant soon to open, Paul hired Chef to head up his kitchen staff under an agreement that allows either party to terminate the employment relationship on thirty days' notice. Paul entered into a written three-year contract with Meatco, a food supplier, for regular weekly deliveries of high quality meat. Dan, owner of ten restaurants, learned about all of the above and resolved to do all he could to hinder the operation of Paul's new restaurant. Dan offered Chef double his current salary and told Chef that if he did not quit his job with Paul, "I can make it difficult for you to get your next job. I have many restaurant connections all over the country, you know." Dan wrote to Meatco: "It has come to my attention that you are currently supplying Paul. In all candor, I must tell you that so long as you continue to do so, I will not deal with you once our contract ends in two weeks." Dan then offered Seller a much higher price for his house than that offered by Paul, hoping that recommencing a house search would divert Paul's attention from operating his restaurant. Chef terminated his employment with Paul and went to work for Dan. Meatco stopped deliveries to Paul. Seller accepted Dan's offer for the house. Paul's restaurant opened but incurred significant losses. Paul's reputation in the restaurant community was adversely affected. Meanwhile, Dan's restaurants flourished. Paul sues Dan. What are Paul's rights and remedies, if any, against Dan? Discuss. Remedies & Enforcement of Judgments - Session 2 - Hypothetical 2

8 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #2 Outline of Issues I. Paul's Rights: Tortious Interference With Contracts A. Chef: Inducing Breach of Contract B. Meatco: Interference With Contract C. House: Interference With Prospective Advantage II. Paul's Remedies A. Damages 1. Chef's Contract 2. Meatco Contract 3. House Contract 4. Damage to Paul's Reputation B. Restitution C. Injunctive Relief D. Conclusion Remedies & Enforcement of Judgments - Session 2 - Hypothetical 2

9 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #3 Peters, a suburban homeowner, decided to resurface with bricks the concrete area surrounding his pool. He purchased from Homeco, a local home improvement store, a concrete cutter manufactured by Conco, which had a blade manufactured by Bladeco. He then took the concrete cutter home and assembled it following the instructions provided by Conco. The blade that Peters purchased was clearly labeled Wet. Although no instructions or warnings came with the blade, Conco included several warnings throughout the instructions to the concrete cutter stating, If using a wet blade, frequently water the blade and surface being cut to avoid risk of blade degradation. No other warnings relating to the blade were included with the concrete cutter. Peters began cutting the concrete with the concrete cutter without using water. Less than five minutes into the job he noticed that the cutter was vibrating excessively. He turned the machine off by hitting the kill switch located near the blade at the bottom of the cutter, with his right foot. The cutter s handle did not have a kill switch. After carefully examining the concrete cutter and blade, Peters became convinced that nothing was wrong and continued to operate it. Nevertheless, within seconds, the concrete cutter again began vibrating violently. As Peters reached with his right foot to hit the kill switch again, the blade broke into pieces, forced off the cutter s safety guard, spiraled into Peter s right foot and caused permanent injuries. On what theory or theories might Peters recover damages from and what defenses may reasonably be raised by: 1. Conco? Discuss. 2. Bladeco? Discuss. 3. Homeco? Discuss.

10 REMEDIES & ENFORCEMENT OF JUDGMENTS Session 2 - Torts Damages - Hypothetical #3 Outline of Issues I. Peters v. Conco: Products Liability A. Strict Liability 1. Design or Manufacturing Defect 2. Inadequate Warning 3. Damages 4. Defenses B. Negligence 1. Duty 2. Breach 3. Causation 4. Damages 5. Defenses a. Contributory or Comparative Negligence b. Assumption of Risk C. Warranty D. Conclusion II. Peters v. Bladeco A. Strict Liability B. Negligence C. Warranty D. Defenses E. Conclusion III. Peters v. Homeco A. Strict Liability B. Negligence C. Warranty D. Defenses E. Conclusion

11 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY 982.1(1) TELEPHONE NO: ADDRESS (Optional): ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: FAX NO. (Optional): DEFENDANT: DOES 1 TO COMPLAINT Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Property Damage Wrongful Death Personal Injury Other Damages (specify): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited 1. PLAINTIFF (name): CASE NUMBER: alleges causes of action against DEFENDANT (name): This pleading, including attachments and exhibits, consists of the following number of pages: Each plaintiff named above is a competent adult a. except plaintiff (name): (1) (2) a corporation qualified to do business in California an unincorporated entity (describe): (3) a public entity (describe): (4) a minor (a) an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): b. except plaintiff (name): (1) (2) a corporation qualified to do business in California an unincorporated entity (describe): (3) a public entity (describe): (4) a minor (a) an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Complaint Attachment 3. Form Approved for Optional Use Judicial Council of California 982.1(1) [Rev. July 1, 2002] COMPLAINT Personal Injury, Property Damage, Wrongful Death Page 1 of 3 Code of Civil Procedure,

12 SHORT TITLE: CASE NUMBER: 4. Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): c. (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): b. except defendant (name): d. (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): except defendant (name): (1) a business organization, form unknown (2) a corporation (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): Information about additional defendants who are not natural persons is contained in Complaint Attachment The true names and capacities of defendants sued as Does are unknown to plaintiff. 7. Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. plaintiff has complied with applicable claims statutes, or b. plaintiff is excused from complying because (specify): 982.1(1) [Rev. July 1, 2002] COMPLAINT Personal Injury, Property Damage, Wrongful Death Page 2 of 3

13 SHORT TITLE: CASE NUMBER: (number) ATTACHMENT TO Complaint CAUSE OF ACTION Motor Vehicle Cross-Complaint Page (Use a separate cause of action form for each cause of action.) Plaintiff (name): MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): at (place): MV-2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Does to b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): c. Does to The defendants who owned the motor vehicle which was operated with their permission are (names): Does to d. The defendants who entrusted the motor vehicle are (names): Does to e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Does to f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f as follows: Does to Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(2) CAUSE OF ACTION Motor Vehicle CCP

14 SHORT TITLE: CASE NUMBER: 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. Motor Vehicle b. General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. Other (specify): 11. Plaintiff has suffered a. wage loss b. loss of use of property c. hospital and medical expenses d. general damage e. property damage f. loss of earning capacity g. other damage (specify): 12. a. b. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint Attachment 12. as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) punitive damages b. The amount of damages is (you must check (1) in cases for personal injury or wrongful death): (1) according to proof (2) in the amount of: $. 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 982.1(1) [Rev. July 1, 2002] COMPLAINT Personal Injury, Property Damage, Wrongful Death Page 3 of 3

15 SHORT TITLE: CASE NUMBER: (number) ATTACHMENT TO Complaint CAUSE OF ACTION lntentional Tort Cross-Complaint Page (Use a separate cause of action form for each cause of action.) IT-1. Plaintiff (name): alleges that defendant (name): Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (date): at (place): (description of reasons for liability): Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(4) CAUSE OF ACTION Intentional Tort CCP

16 SHORT TITLE: CASE NUMBER: (number) CAUSE OF ACTION General Negligence Page ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): alleges that defendant (name): Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): at (place): (description of reasons for liability): Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(3) CAUSE OF ACTION General Negligence CCP

17 SHORT TITLE: CASE NUMBER: (number) ATTACHMENT TO Complaint CAUSE OF ACTION Products Liability Cross-Complaint Page (Use a separate cause of action form for each cause of action.) Plaintiff (name): Prod.L-1. On or about (date): plaintiff was injured by the following product: Prod.L-2. Each of the defendants knew the product would be purchased and used without inspection for defects. The product was defective when it left the control of each defendant. The product at the time of injury was being used in the manner intended by the defendants used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not readily apparent. Adequate warnings of the danger were not given. Prod.L-3. Plaintiff was a purchaser of the product. bystander to the use of the product. PLAINTIFF'S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING: Prod.L-4. Count One Strict liability of the following defendants who a. manufactured or assembled the product (names): user of the product. other (specify): b. Does to designed and manufactured component parts supplied to the manufacturer (names): c. Does to sold the product to the public (names): Prod.L-5. Does to Count Two Negligence of the following defendants who owed a duty to plaintiff (names): Prod.L-6. Does to Count Three Breach of warranty by the following defendants (names): Prod.L-7. Does to a. who breached an implied warranty b. who breached an express warranty which was written oral The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment Prod.L-7 as follows: Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(6) CAUSE OF ACTION Products Liability CCP

18 SHORT TITLE: CASE NUMBER: (number) ATTACHMENT TO Complaint CAUSE OF ACTION Premises Liability Cross-Complaint Page (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Prem.L-2. Count One Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Does to Prem.L-3. Count Two Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Does to Plaintiff, a recreational user, was an invited guest a paying guest. Prem.L-4. Count Three Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): Does to a. The defendant public entity had actual constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity. Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): b. Does to The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b as follows (names): Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(5) CAUSE OF ACTION Premises Liability CCP

19 SHORT TITLE: CASE NUMBER: Exemplary Damages Attachment Page ATTACHMENT TO Complaint Cross-Complaint EX-1. As additional damages against defendant (name): Plaintiff alleges defendant was guilty of malice fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: EX-3. The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section b. $ Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(13) Exemplary Damages Attachment CCP

20 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY ATTORNEY FOR (NAME): Insert name of court, judicial district or branch court, if any, and post office and street address: PLAINTIFF: DEFENDANT: ANSWER Personal Injury, Property Damage, Wrongful Death COMPLAINT OF (name): CROSS-COMPLAINT OF (name): CASE NUMBER: 1. This pleading, including attachments and exhibits, consists of the following number of pages: DEFENDANT OR CROSS-DEFENDANT (name): 2. Generally denies each allegation of the unverified complaint or cross-complaint. 3. a. DENIES each allegation of the following numbered paragraphs: b. ADMITS each allegation of the following numbered paragraphs: c. DENIES, ON INFORMATION AND BELIEF, each allegation of the following numbered paragraphs: d. DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numbered paragraphs: e. ADMITS the following allegations and generally denies all other allegations: (Continued) Form Approved by the Judicial Council of California Effective January 1, 1982 Rule 982.1(15) ANSWER Personal Injury, Property Damage, Wrongful Death CCP

21 SHORT TITLE: CASE NUMBER: ANSWER Personal Injury, Property Damage, Wrongful Death Page two f. DENIES the following allegations and admits all other allegations: g. Other (specify): AFFIRMATIVELY ALLEGES AS A DEFENSE 4. The comparative fault of plaintiff or cross-complainant (name): as follows: 5. The expiration of the Statute of Limitations as follows: 6. Other (specify): 7. DEFENDANT OR CROSS-DEFENDANT PRAYS For costs of suit and that plaintiff or cross-complainant take nothing. Other (specify): (Type or print name) (Signature of party or attorney) [982.1(15)] Page two

22 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY 982.1(14) TELEPHONE NO: ADDRESS (Optional): ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SHORT TITLE: FAX NO. (Optional): CROSS-COMPLAINANT: CROSS-DEFENDANT: DOES 1 TO CROSS-COMPLAINT Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Causes of Action (check all that apply): Apportionment of Fault Declaratory Relief Indemnification Other (specify): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE ($25,000 or less) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) It is is not reclassified as unlimited by this cross-complaint CASE NUMBER: 1. CROSS-COMPLAINANT (name): alleges causes of action against CROSS-DEFENDANT (name): 2. This pleading, including exhibits and attachments, consists of the following number of pages: 3. Each cross-complainant named above is a competent adult a. except cross-complainant (name): (1) (2) a corporation qualified to do business in California an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional cross-complainants who are not competent adults is contained in Cross-Complaint Attachment 3. Form Approved for Optional Use Judicial Council of California 982.1(14) [Rev. January 1, 2001] (Continued on reverse) CROSS-COMPLAINT Personal Injury, Property Damage, Wrongful Death Page one of three Code of Civil Procedure,

23 SHORT TITLE: CASE NUMBER: 4. Each cross-defendant named above is a natural person a. except cross-defendant (name): b. (1) (2) (3) a business organization, form unknown a corporation an unincorporated entity (describe): except cross-defendant (name): (1) (2) (3) a business organization, form unknown a corporation an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): Information about additional cross-defendants who are not natural persons is contained in Cross-Complaint Attachment The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant. 6. a. b. Cross-complainant is required to comply with a claims statute, and has complied with applicable claims statutes, or is excused from complying because (specify): 7. Cause of Action lndemnification a. b. c. (NUMBER) Cross-defendants were the agents, employees, co-venturers, partners, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. The principal action alleges, among other things, conduct entitling plaintiff to compensatory damages against me. I contend that I am not liable for events and occurrences described in plaintiff's complaint. If I am found in some manner responsible to plaintiff or to anyone else as a result of the incidents and occurrences described in plaintiff's complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by law; therefore, I would be entitled to complete indemnity from each cross-defendant. 8. a. b. (NUMBER) Cause of Action Apportionment of Fault Each cross-defendant was responsible, in whole or in part, for the injuries, if any, suffered by plaintiff. If I am judged liable to plaintiff, each cross-defendant should be required: (1) to pay a share of plaintiff's judgment which is in proportion to the comparative negligence of that cross-defendant in causing plaintiff's damages; and (2) to reimburse me for any payments I make to plaintiff in excess of my proportional share of all cross-defendants' negligence (14) [Rev. January 1, 2001] (Continued on page three) CROSS-COMPLAINT Personal Injury, Property Damage, Wrongful Death Page two of three

24 SHORT TITLE: CASE NUMBER: 9. (NUMBER) Cause of Action Declaratory Relief An actual controversy exists between the parties concerning their respective rights and duties because cross-complainant contends and cross-defendant disputes as specified in Cross-Complaint Attachment 9 as follows: 10. (NUMBER) Cause of Action (specify): 11. a. b. c. d. e. f. The following additional causes of action are attached and the statements below apply to each (in each of the attachments, "plaintiff" means "cross-complainant" and "defendant" means "cross-defendant"): Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability Other (specify): 12. CROSS-COMPLAINANT PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. total and complete indemnity for any judgments rendered against me. b. judgment in a proportionate share from each cross-defendant. c. a judicial determination that cross-defendants were the legal cause of any injuries and damages sustained by plaintiff and that cross-defendants indemnify me, either completely or partially, for any sums of money which may be recovered against me by plaintiff. d. compensatory damages (1) (unlimited civil cases) according to proof. (2) (limited civil cases) in the amount of: $ e. other (specify): 13. The paragraphs of this cross-complaint alleged on information and belief are as follows (specify paragraph numbers): Date: (TYPE OR PRINT NAME) (SIGNATURE OF CROSS-COMPLAINANT OR ATTORNEY) 982.1(14) [Rev. January 1, 2001] CROSS-COMPLAINT Personal Injury, Property Damage, Wrongful Death Page three of three

25 University of West Los Angeles School of Paralegal Studies Course #232 Remedies and Enforcement of Judgments Scott F. Pearce, Esq. Writing Assignment #1 Bloom v. Peterson Properties This writing assignment is designed to develop your skills at fact gathering and legal reasoning. Our firm represents a big corporate landlord, Peterson Properties. The company treats its tenants and employees fairly. We were about to initiate eviction proceedings against a tenant (Ms. Bloom) for violating a no pets lease provision, when we received a demand letter from a lawyer who represents the tenant. Ms. Bloom alleges that she has been the victim of repeated incidents of sexual harassment by the resident manager, Mr. Simpson, an employee of our client. I am giving you two sets of documents. The first is the case file, with all the letters and notes about the facts as best we know them. The second is a library of statutory and case law that applies to the issues presented by this legal dispute. This is a self-contained exercise. You are not expected to do any outside research. Please rely only on the documents I have provided. Please write a memo that contains the following ten sections: 1. List the demands made by the tenant s lawyer. 2. Identify and briefly explain the various interests of our client. 3. What would it cost to simply cave in to the demands of the tenant? 4. Suppose we fight the case to the bitter end and lose. What s the worst that can happen? 5. List all of the facts you can find about Mr. Simpson, apart from what the tenant alleges. 6. List all of the facts you can find about Ms. Bloom. 7. Obviously we need to investigate the facts. How should we conduct the investigation? 8. Brief the attached cases. 9. Offer specific ideas about how we might structure a negotiated settlement of the case. 10. Draft a brief pre-counseling letter to our client, Mr. Suarez, explaining the situation to him.

(a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I ovner (specify):

(a) I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I I other (specify): (5) I I ovner (specify): ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale t., _ALAN M. LASKIN, SBN 148858 BRADLEY A. SCHULTZ, SBN 242512 LAW OFFICES OF ALAN M. LASKIN 1810 S STREET SACRAMENTO, CA 95811 jmber, and address): TELEPHONE

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