SmartBrief
Confirm favorite deletion?
California Community Property Keyed to Carrillo, 11th Ed.
Dawes v. Rich
Citation:
60 Cal. App. 4th 24 (1997)Facts
David F. Dawes and Ronald S. Schwab owned Western Land & Development Company, which operated the Rancho Carlsbad mobilehome park. In the early 1980s, tenants initiated litigation challenging rent increases imposed by Western. In 1983, before resolution of the tenant litigation, David and Dorothy Dawes transferred their community property to an inter vivos trust designed to minimize estate taxes. The trust provided that upon death of either spouse, the community property would be divided into three subsidiary trusts: an A trust (survivor’s share, revocable), a B trust (funded from decedent’s share up to marital deduction amount, irrevocable), and a C trust (residue from decedent’s share, irrevocable). Dorothy Dawes died in January 1990, and the trust terms became operative. Judgments in favor of the tenants against David F. Dawes were entered in November 1992, 1993, and 1996. In December 1995, the tenants levied writs of execution on the trustees of the B and C trusts.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.