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Contracts Keyed to Knapp
BMW Financial Services NA, LLC v. Deloach
Citation:California Court of Appeal 2017 WL 1832250 (2017)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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:
Deloach leased a 2013 BMW from a BMW dealer. At the time, the vehicle’s odometer displayed 4,293 miles. Deloach failed to make the payments and the vehicle was repossessed. At the time of repossession the odometer displayed 94 miles. The car was sold at auction for $25,000, a lower value due to the odometer tampering. BMW Financial then commenced action against Deloach, and Deloach failed to respond to the suit by the deadline of April 20, 2015. On August 13, 2015, the trial court entered default judgment in favor of BMW Financial. However, at the same time Deloach’s account had been sent to a collection agency, Firstsource Advantage, LLC. The balance on the account was $24,442. Firstsource contacted Deloach in August 2015. Deloach’s father, David Deloach, contacted Firstsource and offered $14,000 payment immediately for a complete release. On August 17, 2015, Firstsource confirmed the settlement in writing and later receipt of the $14,000. On September 15, 2015, BMW Financial’s counsel contacted Deloach asserting the settlement agreement was a mistake and “rescinded” the settlement by returning the $14,000. Deloach then filed a motion to compel acknowledgement of the satisfaction of judgment.
- 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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.