Case brief week7 | Law homework help

Please use format to do case brief in attachment

CASE 16-2

Enea v. Superior Court of Monterey County

Court of Appeals of California, Sixth Appellate District 34 Cal. Rptr. 3d 513 (2005)

In 1980, Defendants William Daniels and Claudia Daniels, and other family members, formed a general partnership known as 3-D. The partnership’s sole asset was a building that had been converted from a residence into offices. A portion of the property had been rented since 1981, on a month-to-month basis, by the law practice of William Daniels (the firm’s sole member). From time to time, the property was rented on similar arrangements to others, including defendant Claudia Daniels. The partnership agreement has as its principal purpose the ownership, leasing, and sale of the only partnership asset—the building. The partnership agreement contained no provision that the property would be leased for fair market value.

The defendants asserted that there was no evidence of any agreement to maximize rental profits.

In 1993, plaintiff Benny Enea, a client of William Daniels, purchased a one-third interest in the partnership from William’s brother, John P. Daniels. In 2001, however, the plaintiff questioned William Daniels about the rents being paid for the property, and in 2003 the plaintiff was “dissociated” from the partnership.

On August 6, 2003, the plaintiff brought an action for damages, alleging that the defendants had occupied the partnership property while paying significantly less than fair rental value, in breach of their fiduciary duty to the plaintiff. The trial court granted the defendants’ motion for summary judgment, and the plaintiff appealed.

425 426

Justice Rushing

For present purposes it must be assumed that defendants in fact leased the property to themselves, or associated entities, at below-market rents…. Therefore the sole question presented is whether defendants were categorically entitled to lease partnership property to themselves, or associated entities (or for that matter, to anyone) at less than it could yield in the open market. Remarkably, we have found no case squarely addressing this precise question. We are satisfied, however, that the answer is a resounding “No.”

The defining characteristic of a partnership is the combination of two or more persons to jointly conduct business. It is hornbook law that in forming such an arrangement the partners obligate themselves to share risks and benefits and to carry out the enterprise with the highest good faith toward one another—in short, with the loyalty and care of a fiduciary. “Partnership is a fiduciary relationship, and partners are held to the standards and duties of a trustee in their dealings with each other.”

“[I]n all proceedings connected with the conduct of the partnership every partner is bound to act in the highest good faith to his copartner and may not obtain any advantage over him in the partnership affairs by the slightest misrepresentation, concealment, threat or adverse pressure of any kind.” Or to put the point more succinctly, “Partnership is a fiduciary relationship, and partners may not take advantages for themselves at the expense of the partnership.”

Here the facts as assumed by the parties and the trial court plainly depict defendants taking advantages for themselves from partnership property at the expense of the partnership. The advantage consisted of occupying partnership property at below-market rates, i.e., less than they would be required to pay to an independent landlord for equivalent premises. The cost to the partnership was the additional rent thereby rendered unavailable for collection from an independent tenant willing to pay the property’s value.

Defendants … persuaded the trial court that they had no duty to collect market rents in the absence of a contract expressly requiring them to do so. This argument turns partnership law on its head. Nowhere does the law declare that partners owe each other only those duties they explicitly assume by contract. On the contrary, the fiduciary duties at issue here are imposed by law, and their breach sounds in tort.

The trial court’s order is set aside and the motion for summary judgment by the defendant is denied.

Continue to order Get a quote

July 1, 2023

Paula Plaintiff's Really Bad Week, Part 1

Introduction

In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Instructions

In a 6–10 paragraph paper, answer the following questions:

· What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following:

o What are the possible tort claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.

o Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision.

o If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court.

You will create and submit your assignment by using the ecree link. Just click on the link and start writing. Your work will be saved automatically. You’ll see some feedback on the right-hand side of the screen, including text and videos to help guide you in the writing process. When you’re ready, you can turn in your assignment by clicking Submit at the bottom of the page.

Click the assignment link to start your assignment in ecree. Please note that ecree works best in Firefox and Chrome.

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.

In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource!

The specific course learning outcome associated with this assignment is:

· Determine if a plaintiff can make legal claims based on the events in a given scenario.