December 7th Notes

Legal Research & Writing
December 7th

Statement of Facts
-all legally significant facts
    -case based arguments
-background facts
    -time line of the case
    -client and problem
-Conclude with what you were asked to do
"You asked me to find out if Orca was constructively evicted..."

Issue Statement
-use under/does/when
Under WA common law, was Orca constructively evicted when...(facts from your case based arguments, 1 fact for each element)
-Good goal about 75 words
Contains a specific clause governing air handling system,
include facts of the case, air handling, repainting the yachts
Gripp all confirmed fumes ruined the paint
Orca repeated requests (5)
Orca moved out
-make sure it is a question

What facts to include:
    -Landlord's Act
    -Notice
    -Vacate
    -Untenantable
Parallelism

Conclusion
-begin by connecting
-hedge words possibly, probably, likely
-what will court
-must include constructive eviction

Because it satisfies all four elements,
-include the words "constructive eviction"
-Your recommendations
-how does constructive eviction arise
    -is an affirmative defense to action on contract
    -demand for payment of rent due, landlord suing for money

-what could orca do
no reason to send money to amber, we shouldn't file a lawsuit, we should send a letter to amber claiming the strength of constructive eviction
-may want to seek damages from amber for the repainting of the yachts

Revising
-get all the pieces together then
-past tense for other cases
-present tense for Orca

Editing
-word choice
--landlord &tenant terms for decided cases
--use orca, amber, aloha for our case

-lease clause pertaining to the air handling system's maintenance
-find "of" in the document and delete them.

first is full
every rule sentence---- pinpoint to wash reporter
all quotations
chunk paragraph for case--short form
no cites in argument section

courts do not argue, claim, allege, assert
courts, find, hold, conclude, observe, opine, rule

appellate courts can not find facts

www.readplease.com
From the first memo stuff


Background Facts on Orca:
Orca: professional yacht painter
    -owner, Gripp-All paint, include price of paint job
        Orca is well-known for its exquisite work in painting yachts, a reputation that took many years to build and is now in danger of being ruined.

Cost to yacht owner to paint a mega-yacht depends upon its size, ranges from $50,000 to
$500,000. Bennett’s costs to re-paint are about 60 – 75% of that amount depending upon the
amount of re-fairing that has to be done.

Bennett uses exclusively Gripp-All2 paint, which is designed specifically for use on fiberglass
yacht surfaces, and follows all of the manufacturer’s recommendations for its application.
Bennett turned to Gripp-All to determine what might be causing the problems, but Gripp-All
had no answers.

Amber: Real estate property manager

Aloha: Plastics textiles manufacturing for Yachts
    - owner

What the problem is:
As a result of the re-painting, Bennett’s once profitable business is losing money.
-Breach of contract
    -Look for Damages

-Constructive Eviction
    -Leasehold
    -Tenant is ousted by landlord
        -Did the landlord push him out?
        --Constructive Eviction (constructive = legal fiction)
-The landlord constructively put the tenant out by not making the land suitable for use

What were asked to do:
Sept. 18   Amber sent Bennett a letter demanding payment for the back rent (June, July, Aug., and Sept.) and for the remainder of the 7 year lease.

Bennett(Orca) wants to know what recourse he has.

Chronological list of facts:
include paragraph 9, quote
Official Listing

-Mar. 2007        -Orca leases 80,000 sq. ft. Westlake Bldg.
-July 2008        -Orca tries to lease the other 40,000 sq. ft.
-Sept. 2008        -Amber leases other 40,000 sq. ft. to Aloha
-Jan. 2009        -Orca's paint problems begin
-Feb. 2009        -Bennett's night visit; tells Gripp-All & Amber
-Feb. 9, 2009    -Letter from Gripp-All to Orca
-Feb. 16, 2009    -Orca letter to Amber; Bennett stops painting
-Mar. 1, 2009    -Bennett calls Amber, nothing
-Mar. 18, 2009    -Bennett calls Amber, nothing
-Apr. 3, 2009    -Bennett calls Amber, nothing
-Apr. 15, 2009    -Bennett hears nothing, Bennett calls Aloha & learns details of second shift; calls Amber - nothing.
-Apr. 16, 2009    -Bennett calls Amber, tells about Aloha call, nothing
-May 15, 2009    -Orca moves out of Westlake Bldg.
                              -Orca sends letter to Amber
-Sept. 18, 1009    -Amber letter demanding payment