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Property Keyed to Saxer
Kendall v. Ernest Pestana, Inc.
Citation:40 Cal. 3d 488, 220 Cal. Rptr. 818, 709 P.2d 837
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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:
Kendall sought to purchase a business, which was at the time nearly halfway into a 25-year lease for space owned by Pestana, Inc. The lease required prior written consent from the lessor for the lessee to assign the property to another tenant. When Kendall and the current business owners sought Pestana Inc.’s consent, it was refused. Pestana argued the lease terms gave him the right to refuse the re-assignment of the property for any, or no particular reason at all. Kendall claimed Pestana Inc. demanded “increased rent and more onerous terms” as a condition to his consent to the re-assignment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.