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Contracts Keyed to Epstein
Fabian v. Renovate America, Inc.
Citation:42 Cal.App.5th 1062 (2019)
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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.
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- 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:
Fabian filed a complaint against Renovate alleging that solar panels she purchased for her home were improperly installed. Fabian alleged that Renovate made an unsolicited telephone call to her home about financing the solar panels and signed her name on a financial agreement. All communications occurred telephonically and Fabian was never presented with any documents to sign. Fabian argues that she did not sign a financial agreement with Renovate. Renovate filed a petition to compel arbitration of Fabian’s claim, supported by the contract that Renovate claimed Fabian had signed electronically. The words “DocuSigned by:” and the printed electronic signature “Rosa Fabian” appear in a signature box at the end of the contract. The date “2/28/2017,” a 15-digit alphanumeric character, and the words “Identity Verification Code: ID Verification Complete” also appear in the signature box.
- 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.