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Contracts Keyed to Dawson
Orcilla v. Big Sur, Inc.
Citation:244 Cal. App. 4th 982.
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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:
The Orcillas were a Filipino couple that spoke English as a second-language. Beginning in 2004, Virgilio Orcilla was no longer able to work due to a medical issue. Teodora Orcilla provided the couple’s sole income. In 2006, Teodora responded to marketing materials sent by Quick Loan and applied to refinance the couple’s property for $525,000. Pursuant to the Quick Loan agent’s recommendation, Virgilio was not included on the paperwork. Teodora told the agent they could not afford the proposed monthly payments, but the agent assured her otherwise. On May 9, 2006, Teodora obtained a loan modification from Quick Loan with an initial interest rate of 8.99% (the Note further provided that the interest rate was variable after two years and would not exceed 14.99%). The initial monthly payment was $4,220.49, while the Orcillas’ monthly income was less than $3,000. The Orcillas soon fell behind on the payments, and after another modification in 2008 and various miscommunications between the parties, the lender declared a default and the property was sold.
- 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.
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- 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.