November 23rd Notes

Legal Research & Writing
November 23rd

Possible Amber cases:
Matzger v. Arcade Bldg. & Realty Co., 102 Wash. 423, 173 P. 47 (1918).
  
Analogous Case Arguments
-fact to fact comparison between a decided case and the facts of your client's case
-precedent base
-favorable
-distinguishing
-use words of comparison (just like, similar to)

Case Based Arguments (analogous)
Compare Orca to WA Chocolate
-In the case of WA Chocolate, the warehouse became infested with rats due to the lack of maintenance by the landlord.
-Similarly in the Orca case, the air filtration system came into disrepair and caused issues with Orca's business.

Compare Orca to Aro Glass
-Aro had a stipulation in their lease that the landlord would fix the puddles for the business.
-In Orca's case has a paragraph in their lease that the air filtration is vital to the business.

Compare Orca to John B. Stevens
-John B. Stevens found that the landlord was negligent and failed to keep the docks in good repair, even after notice.
-Orca notified Amber of the air filtration problem and they did nothing about the issues

Compare Orca to Lindblom
-Lindblom allowed hucksters to use the hotel causing a loss of business to the hotel.
-In Orca's, Amber allowed second shift for Aloha that caused damage to Orca's business.

Compare Amber to Farrow
-Farrow, movie goers were not coming because of the Depression, an external circumstances not due to tap dancing.
-Amber There is another kind of paint that Orca can use that does not cause the issue.

-each case has another renter in the building
-external circumstances  (depression, poor quality of movie equipment)
-Amber should review Orca's cases and give how the facts are not comparable

Rebuttal Arguments
-Farrow's case v. Orca case
-Orca needs to use the mirror finish paint to please their customers because they are yacht owners.

-Both cases were bringing the lawsuit as an excuse for poor business.  Tap dancing was not the main cause.  It was depression and equipment.  Orca is using the paint as an excuse to get a cheaper rent and more space that they wanted.
-fact of cheaper rent
-lost space to Aloha

-Orca would argue that they tried to buy the space from Amber prior to Aloha at the higher rent rate.  So there is not underlying motivation.

Orca's Cases
-Aro
-WA chocolate
-Stevens
-Lindblom

Amber's
-Farrow
-Matzger
-Distinguishing Orca's cases

Can Amber distinguish the cases?
Aro Glass:
    -Aro glass had no other choice
    -Orca has another choice and can use another paint product backed up by manufacturer

WA Chocolate:
    -WA could not control where the rats were coming from because of other tenants.  Health dept had to shut it down to protect public.
    -Orca Amber can not control the chemicals used by Aloha (but that statement may not want to be used because it plays well for Orca)  The chemicals can't be so harmful since the health dept. is not shutting Aloha down. (it doesn't leave to an untenantable situation)

John B. Stevens
    -Stevens the entire building was effected and deteriorated
    -Orca Amber only the air filtration system was effected and can be fixed.  (does not shine well on Amber)

Lindbloom
    -Lindblom could not perform business because of other vendors bring property value down.
    -Orca Amber could state that because Aloha is actually another yacht accessory vendor it should bring more business in.

STATEMENT
ISSUES STATEMENT
DISCUSSION SECTION OUTLINE
Introduction
    -General Rules Paragraph
    -Transition (Roadmap Paragraph)
        -Undisputed
            -Landlord's Act (cite case)
            -Notice (cite case)
            -Vacate (cite case)
        -Disputed
            -Untenantable (cite cases)
Disputed Element - untenantable
    -Specific Rules -  untenantable
    -Analogous case presentation
        -Cases favoring Orca
        -Cases favoring Amber
Arguments
    -Orca's arguments
        -Fact based (plain)
        -Case based (analogous)
        -Policy based
    -Amber's arguments
        -Fact based (plain)
        -Case based (analogous)
        -Policy based
    -Orca's Rebuttal
Mini-Conclusion - untenantable
CONCLUSION

Present our case first then the other
    -do not intermingle them
    -present all your cases first then other
    -Concise but clear
    -there are 4 cases

3 Things you must tell reader about each case:
1. Outcome
    -untenantable or not
2. Reasoning
    -reason why
3. Facts  
    -as they relate to the outcome and reasoning
    -facts that showed untenantable

Develop principle based topic sentence to introduce the case based cases
    -Better to write a nice intro sentence for each case to show immediately why we are using them
    -Explain why the case is important
    -explain central principle
        -explain what you have learned

-Use a conventional cause
    "In cases where the courts have found the element of untenantablity satisfied, ..."
  
-Complete with explaining why the courts concluded this
    "... they focused on the severity of the interference, the degree of the landlord's control over the leased space, and the degree of specificity about the interference in the lease."(string cite here)

-It needs citation to authority
    -string cite for all 4 cases
        -Order cases rule 1.4
    -signal rule 1.2
        -See implied (use short form where needed)

Use relevant facts of cases:
"For instance in Aro Glass, the tenant leased space to use for a used car lot and in the lease, the landlord agreed to correct the deep puddles that occurred on the lot because the tenant knew that this would drive potential customers away.  The landlord failed in several attempts to correct the puddles and the tenant moved out. Aro Glass, 12 Wn. App. 6
In another case..."
 
-Can use themed base in your paragraphs.
-Use tenant and landlord when talking about cases other than Orca and Amber.
-Use the terms Amber, Orca and Aloha.

Cases for Amber
-Apply same technique
    -develop principle based sentences with cite
    -present facts with short cite

Orca's cases
    -3 to 4 paragraphs
Amber's case
    -1 paragraph
Pages
    -1 1/2 pages

Write the case based presentations for Orca and Amber
Cite 7