SmartBrief
Confirm favorite deletion?
California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Feldner
Citation:
40 Cal. App. 4th 617 (1995)Facts
William J. and Celena Ruth Feldner were married in 1954 and separated in April 1989. During the marriage, William worked as a building contractor and entered into an oral agreement with Daniel and Corrine Allen to build a turn-key home for a lump sum payment. William began planning work in the mid-1980s and commenced construction in 1988, receiving a promissory note for thirty-five thousand dollars in May 1988 as his fee. William used income from this job to pay community debts. After separation, when the Allens ran out of money and stopped paying, William refused to complete remedial work. The Allens filed suit in October 1990 alleging breach of contract, failure to complete work timely, failure to provide corrective work, and breach of implied warranty. At the dissolution trial in February 1992, the family court characterized the potential Allen lawsuit liability as a community obligation, making both spouses equally responsible.
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.