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Business Organizations Keyed to Sjostrom
Holmes v. Lerner
Citation:74 Cal. App. 4th 442 (1999)
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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:
In 1995, Lerner and Holmes traveled to England to a horse show and to make arrangements to ship the horses that Lerner had purchased. On July 31, 1995, the two women discussed nail polish, and colors. They worked with the colors in a nail kit to try to recreate the purpose color Homes had made in England so they could have the color in a liquid form, rather than layering two colors. Lerner said to Holmes: “This seems like a good thing. Do you think we should start a company?” Holmes responded: “Yes, I think it’s a great idea.” They planned to hire people to work for them. Lerner called David Soward, the general partner of & Capital, and her business consultant. Holmes heard her say “Please check Urban Decay, for the name, to see if it’s available.” The call to secure the trademark for Urban Decay confirmed in Holmes’ mind that they were forming a business based on the concepts that had originated in England. Lerner, Holmes, and Soward participated in a meeting to discuss financing. Holmes asked Lerner to define her role at Urban Decay and Lerner responded that her role is anything she wants it to be. In March 1996, Holmes received a document from Soward offering her a 1 percent ownership interest in Urban Decay, explaining that Urban Decay had been formed as a limited liability company.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.