Contracts Keyed to Calamari
First American Commerce Co. v. Washington Mutual Savings Bank
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Plaintiff, First American Commerce Co. (the "Plaintiff"), borrowed money from Defendant 1, First Security Realty Services ("Defendant 1"). Repayment was secured with a deed of trust and an assignment of rents on a commercial building owned by the Plaintiff. Pursuant to the loan document, Defendant 1's approval was required on new leases and a percentage of the loan was "withheld in a 'hold-back' fund pending the completion of certain tenant improvements." Defendant 1 assigned the loan to Defendant 2, Washington Mutual Savings Bank ("Defendant 2"), on the day the loan documents were signed. The Plaintiff consented to the assignment. The Plaintiff wished to lease certain space in the building, but neither Defendant 1 or Defendant 2 would consent. Once all the improvements were made, the Plaintiff wanted the monies held back from the loan. The Plaintiff contacted Defendant 1 and they refused to release the funds arguing that, that duty was delegated to Defendant 2. The Plaintiff sued and the lower court granted Defendant 1 summary judgment finding the assignment terminated any duty Defendant 1 had to the Plaintiff.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.