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Feb 2026, Essay 5
Harvey opened a restaurant in 2010. In 2015, Wanda inherited $100,000 from her father that she put in her bank account. In 2016, Harvey and Wanda married in California. Wanda, who was unemployed at the time of the wedding, used $20,000 of the inheritance money to buy Harvey a framed and signed football jersey from his favorite player. Wanda gave it to Harvey when they returned from their honeymoon. After the wedding, Wanda and Harvey bought a house for $500,000. Wanda used $50,000 of the inheritance as a down payment for their house. The title to the house and the mortgage were in Harvey's name, and Harvey paid the mortgage payments with his earnings from his restaurant business. A few years later, Wanda used $30,000 of the inheritance to buy herself a car. Harvey loved the car and drove it often. During the marriage, Wanda worked at the restaurant and helped Harvey to manage it. During those years, the value of the restaurant increased from $100,000 to $500,000. Soon after Wanda stopped working at the restaurant, a celebrity posted on social media that it was his favorite restaurant. Overnight, the restaurant's value doubled to $1 million. Soon afterwards, Harvey filed for dissolution, moved out of the house, and stopped paying the mortgage on the house. At the time of the dissolution, the remaining mortgage on the house was $300,000. What are Wanda and Harvey's rights and liabilities, if any, with respect to: 1. The car? Discuss. 2. The framed and signed football jersey? Discuss. 3. The house? Discuss. 4. The restaurant? Discuss. Answer according to California law.
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Feb 2026, Essay 4
Dan, a citizen of Nevada, was employed as a bus driver by Nevada Bus Lines, Inc. (NBL). While working for NBL, Dan was transporting master bingo players from Thousand Oaks, California, to a bingo tournament when Dan dozed off, failed to stop at a red light, and hit a car in Los Angeles, California. The car struck by Dan was owned by Owen, and at the time of the accident, Owen's car was being driven by Peggy, the sole occupant. Peggy was rushed to the hospital and was treated for a broken wrist. The car was damaged beyond repair. Owen and Peggy are both lifelong residents of California. Peggy and Owen (Plaintiffs) hired a lawyer, Larry, with a valid retainer agreement, to file a civil action in federal court in Los Angeles. Plaintiffs' complaint named NBL and Dan as defendants. Plaintiffs alleged that Dan acted negligently and that NBL is liable as Dan's employer. Peggy demanded $100,000 in damages for medical expenses and pain and suffering. Owen demanded $50,000 for damage to his car. Larry went to Nevada and properly served NBL with the complaint. Larry then drove to Dan's residence in Nevada, where no one was home. Larry slid a copy of the complaint under the front door of Dan's house. Dan received the complaint when he returned home. NBL and Dan promptly answered Plaintiffs' complaint. In a request for production of documents, Plaintiffs sought all documents from the past 10 years related to claims for injuries and property damage caused by NBL's drivers. After meeting and conferring, NBL refused to produce any documents in response to this request. Plaintiffs filed a motion to compel, and NBL opposed the motion. 1. Does the federal court have subject matter jurisdiction? Discuss. 2. Does the federal court have personal jurisdiction? Discuss. 3. Was Dan properly served? Discuss. 4. How should the court rule on Plaintiffs' motion to compel? Discuss.
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Feb 2026, Essay 3
While attending law school, Rex worked as a real estate broker and was co-owner of Realty-Co, a real estate brokerage firm. Rex sold his interest in Realty-Co when he passed the California Bar Exam. Rex is now a solo law practitioner who represents buyers of real estate. During the last year and a half, Rex was sued for legal malpractice four times. Rex has not told anyone about being sued for malpractice because there have been no judgments against him, and he believes the suits to be frivolous. To help Rex get clients, his former partner at Realty-Co allowed Rex to place a sign in the lobby of Realty-Co, free of charge. The sign advertises as follows: LOOKING FOR A STATE BAR-CERTIFIED REAL ESTATE ATTORNEY? LOOK NO FURTHER! CALL REX JONES AND ASSOCIATES 1-800-BIG-FIRM Rex recently represented a buyer at a real estate closing in California and noticed that the seller, an Arizona resident who owned only that one property in California, was represented by Nancy, an attorney Rex knew to be living in, and licensed only in, Arizona. In casual conversation, Nancy told Rex that she is temporarily representing her client in California in the real estate transaction. Rex researched Nancy and discovered that Nancy was previously disbarred in Arizona, but now she is in good standing with the bar. 1. What ethical violations, if any, has Rex committed? Discuss. 2. What ethical violations, if any, has Nancy committed? Discuss. Answer according to both California and ABA authorities.
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Feb 2026, Essay 2
Sam is a well-known dealer in valuable musical instruments, including antique violins. Betty owns a high-end music store and has occasionally purchased stringed instruments from Sam. Sam telephoned Betty and told her that he had a violin for sale that was made by Enrico Rocca in the early nineteenth century. Betty agreed to buy it for $200,000. Sam signed and then emailed his standard form sales contract to Betty. The contract stated in part, "Seller agrees to sell and Buyer agrees to buy the following product: violin for the purchase price of: $200,000 ." Sam filled in the words "violin" and "$200,000" in his own handwriting; the remaining pages of the contract were preprinted. Betty signed, dated, and returned the contract to Sam along with payment. Sam then shipped Betty the violin. When Betty received the violin, she sent it to an expert appraiser. A week later, the appraiser told Betty that laboratory tests confirmed that the violin was not a genuine Rocca but, rather, a skillfully made recent replica worth around $5,000. Betty immediately telephoned Sam and told him that she would return the violin and expected her money back. Sam was flabbergasted. He sincerely believed the violin to be a genuine Rocca. Sam told Betty that she could not return the violin. Sam pointed out that their written contract specified that the violin was "sold as is, without warranty of any kind, express or implied." Betty protested that Sam had told her over the telephone that the violin was a genuine Rocca. Sam pointed out that their written contract also included a clause stating, "This written contract contains the entire agreement between the parties and supersedes any and all prior written and/or oral agreements." Furious, Betty sued Sam for breach of contract, seeking recission or damages. What arguments will Betty likely make to support her claim, what arguments will Sam likely make in response, and who is likely to prevail? Discuss.
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Feb 2026, Essay 1
Olivia owned a house in Havenwood, a subdivision with 15 homes on large wooded lots. The developer of Havenwood had conveyed each lot, including Olivia's, by a recorded deed stating that the conveyance was for "residential purposes." When Olivia died last year, she bequeathed a life estate in her house to Linda, leaving the remainder to Reed. Linda already owned a house and wanted to use Olivia's previous house as a florist shop instead. Shortly after taking title, Linda cut down valuable mature trees and privacy hedges on the lot to make room for parking. Linda then obtained a construction permit to renovate the house and a license to operate her business. Linda's renovation reduced the square footage of the house from approximately 5,000 square feet to 2,000 square feet, which significantly reduced the value of the structure. Nancy, one of Linda's neighbors in the subdivision, threatened to sue Linda for violating the residential covenant in Olivia's original deed. However, Linda pointed out to Nancy that (i) five other businesses have been operating out of five homes in the subdivision for over 10 years, including two coffee shops, two clothing stores, and a dry cleaner, and (ii) neither Nancy nor other lot owners had complained previously. 1. What claims and remedies, if any, may Reed reasonably pursue against Linda? Discuss. 2. Were the developer's residential deed restrictions valid? Discuss. 3. Will Nancy succeed in her claim against Linda? Discuss.
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