SmartBrief
Confirm favorite deletion?
California Civil Procedure, Keyed to Levine, 6th Ed.
Rubenstein v. Doe No. 1
Citation:
3 Cal. 5th 903, 221 Cal. Rptr. 3d 761, 400 P.3d 372 (2017)Facts
Latrice Rubenstein was a high school student from 1993 to 1994 when she alleged her cross-country and track coach, an employee of defendant public entity, sexually molested her. In early 2012, when Rubenstein was approximately 34 years old, she claimed that latent memories of the sexual abuse resurfaced. She filed a claim with the defendant public entity in 2012, alleging damages from the abuse that occurred nearly two decades earlier. The defendant denied the claim as untimely. Rubenstein then commenced a civil action against the defendant and other doe defendants. At the time of the alleged molestation, statutory changes to section 340.1 had extended limitation periods for childhood sexual abuse claims, and Rubenstein’s cause of action had never actually lapsed under the statute of limitations. However, she had not filed a government claim within six months of the alleged abuse as required by Government Code section 911.2.
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.