PROBLEM ONE E-CLASS
Assignment: prepare a Demurrer to the complaint. (You represent both defendants.)
Suggested resources: California Code of Civil Procedure, Sec. 430.10, Notes of Decisions (e.g. 71.2) & Index; California Rules of Court, Rule 312 et seq. (version effective 7/1/97) & Index; Matthew Bender California Forms of Pleading and Practice--in stacks; Rutter Group California Practice Guide: Civil Procedure Before Trial (available on Library Reserve); West's California Code Forms with Practice Commentaries (in stacks); and Witkin (online in Westlaw database and hardcopy in library stacks).
Due: Midnight, Saturday evening, September 27, 1997 (5th academic week). We will cover the relevant doctrinal material very early in course. Send your demurrer to me via e-mail message--with an attachment if you prefer. If you do not have an e-mail program, like Eudora Mail Pro which runs on top of your existing program, you may experience some difficulty with sending and receiving attachments. I will accept "ragged" e-mail submissions, however (i.e., paragraphs broken up during e-mail transmission).
Form of submission (for all three problems): e-mail only
(with or without attachment). If your e-mail system supports attachments,
I recommend that you use 28-line paper, just as if this were a demurrer
which you would be actually filing. It will be easier for you to send me
an e-mail, with your wordprocessed Demurrer as an attachment to the
e-mail message. Send to BOTH of my e-mail addresses, so that
I can keep an archive copy of your papers. You should also keep an
electronic copy. I have encouraged you to obtain a
second e-mail account--through any of the three free e-mail services listed
on the "e-Class" page--so that I can evaluate your submission
on an anonymous basis. Do not send your motions/pleadings to the
"objection" address, because that will clutter the Steven Breyer
computer with unnecessary messages.
Index
Last rev: 9/19/97