Contracts - Session 01
Transcript
SFV Room 200A: Excuse me.Suzy Shkhrdumyan: It’s a separate room, sure.
SFV Room 200A: We haven’t started class yet. Everybody don’t worry that
SFV Room 200A: anytime. You have any issues regarding books, your online, whatever email, Elvis, at you like Elvis right.
SFV Room 200A: and somebody will get back to you right. I don’t handle any of that stuff, so trust me, I don’t even hand I I can’t even handle my own. I usually email somebody at school and say, Can you post this on my page?
SFV Room 200A: We’re just extremely difficult, maybe, and someone who’s asking.
SFV Room 200A: okay or no.
SFV Room 200A: I’ll explain. But if you have a 7th edition, you would be responsible for all the case law that is in the 8th edition. So if I call on you, and you say I don’t have that case.
SFV Room 200A: Absolutely sure. Have any initiative you want.
SFV Room 200A: So I would say no, because the school System 8th edition has been around for several years.
SFV Room 200A: This is the 1st one. This is the 1st semester. We’re gonna use it.
SFV Room 200A: But honestly, it’s all in new cases I’ve seen them.
SFV Room 200A: It’s what the school requires, so I’m supposed to tell everybody to to do that. If you are on zoom for the next session.
SFV Room 200A: if you don’t mind, please change your background to something that is not too flashy
SFV Room 200A: disturbing to the eye, please. If you can. If not, then blur the background. So we don’t. You know.
SFV Room 200A: it’s 6 30.
SFV Room 200A: I’m going to officially start class in about maybe 10 min. But I want to say something that is critical
SFV Room 200A: to your success
SFV Room 200A: as a lawyer. I don’t know how many, how many of you. This is your 1st or second semester.
SFV Room 200A: almost everybody.
SFV Room 200A: So I practice both civil and criminal defense. I’ve been doing it for 27 years.
SFV Room 200A: I attended Uwla in the nineties.
SFV Room 200A: Any of you were not born. I’m old.
SFV Room 200A: But what I’m about to talk about is not about being old and grumpy. It’s about
SFV Room 200A: how it goes in court.
SFV Room 200A: Okay?
SFV Room 200A: I was in. This is just an example. I was in Ventura Court, Ventura Superior Court today all day
SFV Room 200A: in the morning for a defendant who drove against traffic on the one on one freeway
SFV Room 200A: at his speed of 120 miles an hour evading police. I’d represent that guy
SFV Room 200A: I was doing that this morning. This afternoon. I was representing somebody who
SFV Room 200A: stole over $10,000 from a store, and then they found that he’s been doing it repeatedly. In fact, they found
SFV Room 200A: another 2030,000 in his car.
SFV Room 200A: But what I’m about to share with you is all about discipline.
SFV Room 200A: It’s difficult to be in court all day away from the office, you know. Handle other clients. Answer calls yet. Be on time
SFV Room 200A: in court. The the bail bonds person was about 20 min late, and I just let her have it.
SFV Room 200A: You can’t be late in court.
SFV Room 200A: Criminal Court. I think most of you who have some experience know that. Yeah, you can be late.
SFV Room 200A: but in civil court. If you show up even 3 min late, I’m not kidding. The judge may have called your case, and it’s over for your client.
SFV Room 200A: There’s going to be an order for sanctions against you and your client for failing to appear. If you’re lucky
SFV Room 200A: if they don’t dismiss your case.
SFV Room 200A: you know how embarrassing it is if your client finds out that the case was dismissed or they were sanctioned monetarily, or their answer was stricken from the record because you didn’t show up on time.
SFV Room 200A: Very, very embarrassing. The old days of we had some judges. You would walk into court, and the clerk would say, Fix your tie.
SFV Room 200A: otherwise the giant will sanction you
SFV Room 200A: after Covid. Thank God, all that kind of stopped. But
SFV Room 200A: the point of all that is the most important thing that I take very seriously in this class is that you have to be here at 6 30, ready to go, meaning 6 30. If I call your name to read the case, you better be ready if you’re opening your laptop. I mark you, absent.
SFV Room 200A: simple as that.
SFV Room 200A: If you’re about to open your notes and say, give me 1 min, I mark you, absent.
SFV Room 200A: 6 30 means you’re ready to go, not 6 30. On walking into class.
SFV Room 200A: I hope everybody’s clear about that. I will let it go, maybe one time, but after that
SFV Room 200A: anybody be upset because this job requires
SFV Room 200A: for you to be on time.
SFV Room 200A: I think we have 38, and
SFV Room 200A: we probably have most of the people that are supposed to show up. We have 56 in our class.
SFV Room 200A: I’ve never had 56 in my class. Max was 43, I think, or 44. So I jokingly said, it’s gonna take about an hour to just call names
SFV Room 200A: right? Because State law requires that we hold rule. I doubt that I care.
SFV Room 200A: And one more thing I want to say before we go forward, even though I’m going to go over the syllabus. So if you all have the syllabus before you, great, if not, please open it because I’m going to go over it, and I’m going to hold you to it. Every single word that is in the syllabus is that that’s your Bible in this class. If your entire face is not clearly showing on
SFV Room 200A: Zoom Page.
SFV Room 200A: If your entire face is not very clearly showing on Zoom 8, I am ordered to mark you absent, I mean, I’m not even gonna ask you or tell you, you’ll find out from administration you’ve been marked absent. And
SFV Room 200A: don’t come complaining to me. Don’t text me. Call me and say, you know what happened. I was there. I showed up early. I was ready to brief.
SFV Room 200A: I don’t care. It’s what they told me to do. I’m gonna do it. Okay, frankly, I really don’t care. But I’m sure Steve Zant, Professor Zand is gonna show up Assistant Dean in about maybe 5 10 min whatever, maybe during break, and he’s gonna tell you, I’m sure the same thing. If your entire face is not on Zoom, we’ve told the professors mark absent. So please don’t get upset at me. I don’t care
SFV Room 200A: if your face is not on screen.
SFV Room 200A: but I have to do what I’m told. Okay, so please don’t get upset at me.
SFV Room 200A: Okay, let’s go over the syllabus, and then I’m gonna call roll, call roll, because if somebody’s late I just don’t wanna
SFV Room 200A: somebody talked to. Told me about the 8th edition, 7th edition, 6th edition up to last semester. I was using the 7th edition of this
SFV Room 200A: Facebook.
SFV Room 200A: There’s not a whole lot of difference between this case book
SFV Room 200A: and the 7th edition, but believe it or not, I’ve been saying for years that the the sequence of chapters in the 7th edition is shit.
SFV Room 200A: Excuse my French. You’re gonna hear a lot of French, probably. By the way, I’m fluent in French. Hopefully, you won’t get me fired, but I’m sure we’re all adults and right. You know all jokes aside the the it was, it was totally off.
SFV Room 200A: and and when we get to the end of the semester beginning of the next semester, I’ll tell you how that was off. This one is
SFV Room 200A: much better
SFV Room 200A: in that respect other than that there are some at cases, not a whole lot of difference. But
SFV Room 200A: if you have the 7th edition, and you want to go with it fine.
SFV Room 200A: But if I call your name, as I said before, and I say brief.
SFV Room 200A: Lucy versus Amir, and if it’s that case, is not in the 7th edition, or you can’t find the page, and you waste time
SFV Room 200A: you’re going to get marked absent.
SFV Room 200A: or something similar to that. So it’s your responsibility. If you have the 7th edition, you better get a copy of the
SFV Room 200A: table of cases from somebody
SFV Room 200A: on the 8th edition and have all those cases briefed.
SFV Room 200A: he goes right. Otherwise it would be unfair to the rest of you. I know it’s expensive. I hate to pay all this money for right, but it’s how much is it? 400 bucks, 300 bucks, 270? Not too bad! They’re not robbing you. That that’s it. Well, it used to be, you know, when I went to law school, believe it or not. In the nineties it was about $400
SFV Room 200A: kids books.
SFV Room 200A: It’s insane. I think it’s a little cheaper because you can download the electronic version. So they have to go lower because there’s competition or something.
SFV Room 200A: It used to be more expensive. Okay, as far as the Horn Book.
SFV Room 200A: If you look at Dean Frickberg’s
SFV Room 200A: syllabus, and I think most of the other professors form book is mandatory.
SFV Room 200A: you’re required to have it not in my class.
SFV Room 200A: I think the homework is confusing
SFV Room 200A: to law students. I think it’s designed probably for professors, not for law students. But if you want to get the homework and you want to read it, by all means, absolutely. I encourage it.
SFV Room 200A: I just, I’m not a fan of this phone book. So
SFV Room 200A: in my class, it’s not required.
SFV Room 200A: That’s recommended the restatement second of contracts. You know this.
SFV Room 200A: 3, William said. Don’t waste your money.
SFV Room 200A: Sorry just if you have extra money.
SFV Room 200A: sure, you know. But I don’t. I don’t require that this case, this this course, excuse me, will be delivered
SFV Room 200A: both online and in person you’re welcome to come in person anytime.
SFV Room 200A: I want to say something that is in my heart. I’ve been teaching for over 10 years.
SFV Room 200A: and before that I was assisting
SFV Room 200A: impaired individuals hearing impaired mentally impaired. You know, they had issues with their eyes, whatever the problem may have been
SFV Room 200A: which made it difficult to go through through law school. I helped them as much as I could.
SFV Room 200A: I was. I ta’d almost every year of my law school except the 1st year when I was here.
SFV Room 200A: My experience tells me that. And, by the way, during Covid, I was so lazy I was like, please let it stay on, Zoom, because you know, I was in my pajamas, and it was so much better.
SFV Room 200A: But I gotta tell you honestly those of you who are here good for you.
SFV Room 200A: It’s far better, in my opinion, to be in person than on Zoom. That’s just my personal opinion, not not the opinion of the school and the State bar clearly allows
SFV Room 200A: zoom and in person, which is wonderful. Not not all of us can make it to class all the time. Right? You have kids. I have a kid.
SFV Room 200A: Excuse me.
Cesar Gonzalez: Sorry, Professor, I had one question. Is it possible to buy the table of contents separately for the
Cesar Gonzalez: For the 7th edition?
SFV Room 200A: I don’t think it’s for sale. You probably have to ask a friend
SFV Room 200A: to give you a copy. I don’t think it’s separately for sale? No?
SFV Room 200A: Or you can maybe again. Email, Elvis, and ask if they have it, they’ll give it to you.
SFV Room 200A: Okay, the the only, the main reason why I teach here.
SFV Room 200A: and I mean it. The resources are fantastic.
SFV Room 200A: You want anything. It’s like done immediately.
SFV Room 200A: I’ve never emailed somebody and asked for something that I didn’t get an answer within 5 min.
SFV Room 200A: Never in all the 10 years.
SFV Room 200A: So that’s I like that. That’s the same should be available to all of you.
SFV Room 200A: Okay?
SFV Room 200A: So I, while I encourage in person, it’s this case. This course is on campus and on zoom, as you can see.
SFV Room 200A: the attendance is mandatory. I’m now going through the the syllabus, because, as I said before, I’ll hold you to it if you come back 6 weeks from now and say I didn’t know about this or that. I don’t care.
SFV Room 200A: because I’m going through, and we are taking your time.
SFV Room 200A: Go through the syllabus. I’m sure every professor does that
SFV Room 200A: attend? This is extremely important. But what I don’t want to see ever is, you do something that you’re not supposed to do in person, that you do on Zoom.
SFV Room 200A: You don’t smoke, you don’t snort.
SFV Room 200A: you don’t put your feet up. You don’t have a chat with someone else, especially on Zoom.
SFV Room 200A: because it’s disruptive to class for those of you that are on Zoom. You should know that you are actually on the screen behind me.
SFV Room 200A: That means all of the students are looking at you guys.
SFV Room 200A: So if you disrupt class, everybody’s looking at you, and I don’t like it.
SFV Room 200A: Okay, so please
SFV Room 200A: don’t smoke a hookah or a joint, or whatever it is you want to do, I don’t care. Don’t do it in my class. Don’t pick up your cell phone while you’re in class. Don’t look at your cell phone while you’re in class. If you have an emergency, you have a child, you have issues. You need to deal with no problem. Let me know in advance. Okay, unless you have a hearing problem, don’t have a headset in your ears. I don’t want to see it. Okay. But if you do, that’s fine.
SFV Room 200A: Okay, if you wanna text all you want on your laptop, I don’t care.
SFV Room 200A: I don’t want to see a cell phone. Okay? In fact, I think my syllabus says, put cell phones away.
SFV Room 200A: But if it’s on your desk it’s okay. We won’t. We won’t. We won’t kill you unless you abuse it, and then I’m gonna get upset.
SFV Room 200A: I only get upset for you
SFV Room 200A: right. I don’t get upset for me. I don’t care.
SFV Room 200A: I mean. I do care. I care for you right.
SFV Room 200A: I teach the course I leave.
SFV Room 200A: If there’s a disruption, it’s bad for you.
SFV Room 200A: If you don’t learn the subject. It’s bad for you, right? Everything I do here is only for you. I teach because I love the students
SFV Room 200A: because I love the process. Trust me. It’s not for them.
SFV Room 200A: Ask any professor here. They’ll tell you the same thing.
SFV Room 200A: All the judges that are teaching is not because they need the paycheck.
SFV Room 200A: Not at all.
SFV Room 200A: It’s because they love to do this.
SFV Room 200A: Okay, so if I’m strict, if you see me upset.
SFV Room 200A: which hopefully, I won’t be, I’m not as bad as you might think.
SFV Room 200A: It’s all for you.
SFV Room 200A: I want to see you succeed. I love to go to graduation, see my students
SFV Room 200A: so happy, and become lawyers and get a job with me with others.
SFV Room 200A: Right?
SFV Room 200A: So that’s what we. We encourage you to please follow the look. I have a warning
SFV Room 200A: you may not chew, eat, smoke, talk to anyone else, be disturbing text, or use the phone for any purpose while you’re in the class.
SFV Room 200A: which means that if you have to answer your phone. Please get up nicely. Kindly leave my class.
SFV Room 200A: do as much talk you want. Come back.
SFV Room 200A: Okay.
SFV Room 200A: Thank you.
SFV Room 200A: It says that you must keep your phone off or on. Silent, silent is not acceptable.
SFV Room 200A: But please at least keep your phone uncited, but if it buzzes
SFV Room 200A: I will hear it. I won’t like it.
SFV Room 200A: Please don’t let the phone buzz. If it’s gonna buzz, put it on airplane mode. Do whatever you got to do to shut it down. We’re in class.
SFV Room 200A: It’s like being in court right.
SFV Room 200A: and some judges hate that. If the phone buzzes, oh, my God, right?
SFV Room 200A: I when I’m a temporary judge in. I have been since 2,005
SFV Room 200A: people. Lawyers show up in front of me or defendants.
SFV Room 200A: and they have earpieces, and they’re talking to me at the same time, and they’re doing this, and I’m like, Well, you’re talking to somebody else. Are you talking to me?
SFV Room 200A: It’s disrespectful. I just tell him, get out.
SFV Room 200A: Don’t come back.
SFV Room 200A: Let’s reschedule your okay. So you can learn etiquette. Right? Okay.
SFV Room 200A: let me talk about the homework assignments because this happens a lot, and it’s not your fault, let’s say.
SFV Room 200A: today we’re supposed to read what chapter page one, through 32, or 42, or whatever. I’m sorry. There you go.
SFV Room 200A: one through 38, and let’s say I don’t go over any of the cases tonight. Right? We don’t cover any of them.
SFV Room 200A: What are you supposed to do next week? Are you supposed to read the second session.
SFV Room 200A: or because we didn’t do anything with the 1st class? Then you don’t read the second session. Right?
SFV Room 200A: You are correct. You have to read every session as if we covered the previous chapters or or assignments right? So next week, if we have class, you’re supposed to have read for 2 sessions.
SFV Room 200A: If we don’t have class, you don’t have to read for it. You have to read for next time we have a session.
SFV Room 200A: Right? So if our second session falls in 2 weeks from today.
SFV Room 200A: then you would just read 2 weeks. Is that clear?
SFV Room 200A: Okay, please don’t come here and say, Oh, I thought because we didn’t go over the cases that you know I didn’t have to read. You thought wrong.
SFV Room 200A: Okay, I’m not gonna talk about the final exam. I read, you know. That’s it’s just it’s all there
SFV Room 200A: make up sessions. All there. Please read the school policy about catastrophic events that might happen. It happens to all of us right?
SFV Room 200A: I was gonna take one car to to have it smugged later, and my wife said, Take that damn car, you know, and just get it smugged. And
SFV Room 200A: I said, Okay, and then I woke up in the morning. I’m like, you know what I’m gonna be in Ventura all day.
SFV Room 200A: It’s freaking far. I don’t even know what the hell is going to happen with these 2 cases, then I have to rush back to school, whatever I’m not going to do it.
SFV Room 200A: Had I done it, that card probably would not start.
SFV Room 200A: So I anticipate it is what I’m trying to say. Even if you make the best anticipations. Things go wrong. If you’re familiar with the school policy. You can save yourself by immediately contacting the right people and say, Look, I’m going to miss the final, or I just missed the final, or something happened. What do I do? What do I do? If you wait?
SFV Room 200A: Chances are, they may say, well, you get an F, or you’re out of out of school or whatever right? Because, you know, if your Gpa drops, then
SFV Room 200A: right?
SFV Room 200A: Okay.
SFV Room 200A: if you have special needs, you need to refer to the student Handbook, please don’t come to me and and talk about special needs. I don’t handle that. I will basically say, Please go to the administration. Okay.
SFV Room 200A: you are required to brief all cases that are assigned to be to be prepared to discuss all questions and problems
SFV Room 200A: within the required reading for that session. So that means that you have to brief the cases
SFV Room 200A: and go over the questions at the end of you know.
SFV Room 200A: Sometimes it’s at the end of the case, or 2 cases, maybe, at the end of the chapter. But you have to. Please go over the questions. Try to find the answers right? You don’t have to have the answers ready to go. But I would know who actually read this stuff and who didn’t. Because if I call you and say, you know, problem one
SFV Room 200A: usually I do them myself honestly. But
SFV Room 200A: if I call on you and it’s obvious that you’ve never even seen that in your life.
SFV Room 200A: we’re gonna have problems.
SFV Room 200A: We don’t wanna have problems right?
SFV Room 200A: If you’re not prepared, I am on what is it? Page page 4. If you’re not prepared when called upon you will be called upon at the next class session. If you’re again not prepared, you will receive a half absence for that class session. If you are absent, you will be called on the next class session when you return. If you are not prepared at that time you will receive a half absence.
SFV Room 200A: In addition, Professor Kate may require you to submit case briefs via email. So let me explain that. So you don’t get upset at me
SFV Room 200A: if I ask you to brief a case, and you’re not ready, and I ask you to brief another case, and you’re not ready. I most likely will ask you to brief, all of them.
SFV Room 200A: let’s say, for tonight’s session and email, all of them to me by next month.
SFV Room 200A: all of your briefs. In other words, you have to brief them and send them to me, so I can see that you’re doing the work.
SFV Room 200A: and if you don’t do it you you can’t come back.
SFV Room 200A: You’re gone. Gotta go talk to the Dean. Ask permission to come back to my class.
SFV Room 200A: Are we clear? We’ve got to do the one
SFV Room 200A: now I remember it’s it’s a little better than my property, Professor, that through the what is it these canned briefs that you buy?
SFV Room 200A: He threw it downstairs from the 3rd floor, where our law school was hit, somebody in the head we got sued. He was something I mean the fact that he didn’t carry a gun.
SFV Room 200A: You know we were lucky.
SFV Room 200A: But as much as every student hated him.
SFV Room 200A: 1st semester. They loved him by the end of law school, because he really gave a shit.
SFV Room 200A: He really did, and he made sure that we read everything.
SFV Room 200A: Not 10 briefs. Read the cases. These cases are actually brief by themselves. If you look online and and see how long some of these cases are, they go for 20 pages.
SFV Room 200A: They’re already briefed. We’re briefing a briefcase.
SFV Room 200A: We tested chat gpt. Just just so, you know.
SFV Room 200A: we meaning we invited professors from Stanford. I believe it was Stanford. The Dean was there all on zoom.
SFV Room 200A: Hundreds of professors, I think, attended.
SFV Room 200A: and they they gave questions to Chat, Gpd.
SFV Room 200A: Every single question that was given to chat. Gpd. We were able to easily find out that it was actually Chat gpt, that answered, not a person
SFV Room 200A: right? And so if that happens ever in this class, I will give you an F,
SFV Room 200A: even if it’s an assignment, regular assignment. If I find out that you use Chat Gpd. For an answer, and it’s not yours. I will give you an F.
SFV Room 200A: If I can.
SFV Room 200A: Thank God I’m controlled.
SFV Room 200A: There’s a leash on me, too.
SFV Room 200A: Right? So what I’m saying is, use it if you want.
SFV Room 200A: just let it not be your final product.
SFV Room 200A: Otherwise, how the hell you want to be a lawyer? You’re gonna go sit in the
SFV Room 200A: start, exam and use chat. Gpd, that’s not gonna happen right? You want to go to court. Say, you’re on one second. Let me let me tell you what my answer is. Gonna be no.
SFV Room 200A: it’s literally, you know a moment’s thing.
SFV Room 200A: which is, if you were in port this afternoon you would see that was exactly what happened today.
SFV Room 200A: and my client was, how the hell did you do that?
SFV Room 200A: I said, 27 years of doing this.
SFV Room 200A: That’s how that’s what you paid for.
SFV Room 200A: Chat Gpt is not gonna make you a lawyer.
SFV Room 200A: Please don’t use it.
SFV Room 200A: It’s just gonna forgive me for saying this. It’s gonna make you stupid stupider, it will it? It’s harmful.
SFV Room 200A: It’s like, you know, I was so good at spelling until I went to law school. My spelling went to shit. I mean, it’s good, but it’s not great. It used to be really good now, because I, Siri, how do you spell? Hello, siri made me stupid.
SFV Room 200A: otherwise I would probably put it in this in my okay?
SFV Room 200A: It is your responsibility to be familiar with the rules and policies within your student handbooks. That’s something that the school requires for me to put in my syllabus. It’s there you’re required to know every rule
SFV Room 200A: within the student handbook, so I would suggest that if you haven’t already, you know, you may want to skim over it, so that in case something happens, you at least you know what the rules are. Right.
SFV Room 200A: You may audiotape the class session for your own private use only for private use. If you ever disseminate the audio to anyone else for any other reason, post any portion of it at any time, even 10 years from now.
SFV Room 200A: I don’t care what the school will do. I will sue you.
SFV Room 200A: I’m telling you right now.
SFV Room 200A: I’ll come after you not allowed to do that because students share thoughts information, we don’t want that out there.
SFV Room 200A: right? This is a family we protect the family.
SFV Room 200A: The school has this videotape. As you notice, it’s all gonna be on d 12. You are welcome to watch it again right? Every class benefit we didn’t have back. Then
SFV Room 200A: back in the nineties. I had a laptop. That was this thick, sure guy.
SFV Room 200A: And I would literally take notes on that fast
SFV Room 200A: because the we couldn’t audio tape. We couldn’t videotape.
SFV Room 200A: There was no videotape by the school, whatever he said and left, or she said, it’s gone done.
SFV Room 200A: You either got it or you didn’t get it right.
SFV Room 200A: But you can. Audio tape, please. No videotapes, no photographs in this class at any time, even during break. If I see you, you’re out of here.
SFV Room 200A: I won’t give any second chances.
SFV Room 200A: I don’t like it.
SFV Room 200A: Okay, I won’t do it, either. You will never see me. Look at my phone, touch my phone. Take a call. Ever.
SFV Room 200A: If it’s an emergency, I will ask for your excuse, and hopefully you’ll excuse me and I’ll go inside. I will never videotape. You take pictures of you audio tape. Nothing
SFV Room 200A: same respect you will give me and the rest of all of you.
SFV Room 200A: Right?
SFV Room 200A: It says you may not share the audio recording without the professor’s permission. I’m giving you permission to share with your classmates only only with the students that are in your class. Okay, you can do that
SFV Room 200A: practice essays. I’m not going to talk about it. When we when we get to do it, we will. We will do it. There’s a September one is a labor day where where the school is closed. My understanding is that we will not have class. If you show up here
SFV Room 200A: for coffee or tea or something, because I’m not going to be here. But you’re welcome to show up.
SFV Room 200A: This is a 15 h lecture.
SFV Room 200A: It means I’m sorry. 45 h of lecture by the State Bar. That’s why we’re required to do the 45 h right. We can’t just say, Oh, you have a stomach pain. It’s okay. You can go home. Just come back, you know, next week. I can’t do that. I would have to mark you absent for the hour that you’re not here.
SFV Room 200A: because that’s what the State Board requires. And you all want our licensing to remain in effect, right?
SFV Room 200A: It took years to get wasps back, and you are all beneficiaries of that.
SFV Room 200A: Okay.
SFV Room 200A: the honor code. I will not go over that, you know. Obviously the most strict honor code is cheating of any kind, including the use of a chat Gpt which will get you out of law school. And
SFV Room 200A: bye-bye, I remember years ago somebody, not somebody, had.
SFV Room 200A: Some students reported on some other students.
SFV Room 200A: They put a camera up at a exam session and and saw the lady take out a cheat sheet.
SFV Room 200A: It was this big.
SFV Room 200A: It was all on tape.
SFV Room 200A: I know that lady. It’s now 26 years later, 25 years later, she never made it into any law school.
SFV Room 200A: They blacklisted her completely, even though she hired a former court of appeal. Justice to represent her lost
SFV Room 200A: no cheating.
SFV Room 200A: It’s not good.
SFV Room 200A: You might as well just get an F. It’s much better cheap.
SFV Room 200A: Don’t do it.
SFV Room 200A: Okay.
SFV Room 200A: The reading assignment. Is there, are there any questions about the syllabus?
SFV Room 200A: Anything at all?
Frantz Biamby: Yes, Professor, I wanted to ask you cause. For some reason I don’t have access to any of my classes. So I can’t see the syllabus. I see the syllabus on pulse, but as far as briefing cases I don’t. I don’t see how we can briefcases. I did Email Mauricio about it. But how.
SFV Room 200A: Did you email? Elvis.
Frantz Biamby: I emailed, Mauricio.
SFV Room 200A: Email. Elvis, please, okay, any questions about anything that is not showing up on your E, 2. 0, whatever.
SFV Room 200A: please. Email, Elvis, and they will help you.
SFV Room 200A: They may even send you the reading assignments. The pages, if you ask.
Frantz Biamby: They’re very helpful.
Frantz Biamby: So the the case briefs.
Frantz Biamby: that that would be on there once I have access correct, like the cases we have to brief.
SFV Room 200A: As I said email, Elvis, I don’t handle logistics. I don’t want to answer those questions. I really don’t care.
SFV Room 200A: not my problem.
Frantz Biamby: Okay.
SFV Room 200A: Every single one of you, because I’m gonna get 20 text messages that this is missing that’s missing. That one is this. This is that I don’t care.
SFV Room 200A: That’s not my function. It’s the school’s function. They will help you, please. Email, Elvis.
SFV Room 200A: Okay, alright.
SFV Room 200A: Now, if you want to eat or drink in my class. I’m fine with it. As long as you’re not eating chips and going, you know, or bring gourmet food. If you do bring you have to bring it for me, too.
SFV Room 200A: so please don’t bring kebabs, and you know, Barbecue here, we we can’t do that. But if you you know, I mean. I understand we all work right all day.
SFV Room 200A: My butt called me as 5 o’clock. She goes. What the hell are you? I said. I’m about to go eat somewhere.
SFV Room 200A: she said. Did you eat today? I said, not at all.
SFV Room 200A: And I did it because that’s the nature of the work. Unfortunately, right? Sit down and just have coffee all day.
SFV Room 200A: And so I understand, if you want to eat, it’s okay, just especially because there’s so many of you you can imagine it’s disruptive to the person next to you.
SFV Room 200A: right? Maybe if you’re really hungry you can just step outside for 5 min. Eat, come back.
SFV Room 200A: But if you want to drink in this class, including tequila shots? I don’t care. I’m serious. I don’t care what you’re drinking
SFV Room 200A: doing. It doesn’t bother me hopefully. Won’t bother the person next to you steps Ruben Arajayan, Arajanian here
SFV Room 200A: Roberto Campos. Here, Marco Danny.
SFV Room 200A: thank you. Now, if I abolish your name, please forgive me
SFV Room 200A: that I do care about. I care about each and every one of you.
SFV Room 200A: Okay, so if I mess up your name, please forgive me. I’m not very good at this.
SFV Room 200A: but I’m gonna try Brianna Schrader here.
SFV Room 200A: Well, thank you. Guys.
SFV Room 200A: Joseph Kajikian here
SFV Room 200A: Robert Nazurian.
Robert Nazarian: You’re professor.
SFV Room 200A: Robert. I think we chatted earlier.
SFV Room 200A: Gohar Petrosian here.
SFV Room 200A: 8 Ramirez Orman Zakarian here, you know I the one of the lawyers today was Armenian.
SFV Room 200A: I said. She’s a very close friend of mine, I said. I bet you half my class is going to be Armenian. I think I’m right. She was like, really, I said, Yeah, it should come by.
SFV Room 200A: And you guys are amazing, Joshua Zone here.
SFV Room 200A: Louise, is it? I’m sorry, Lucine. Abrahamian.
SFV Room 200A: Did I say it correctly? Yeah, almost. Yeah. One. How do you say your name? Abrahamian air, sir?
SFV Room 200A: Admin a Gillian.
Edwin Aghilian: Here, Professor.
SFV Room 200A: Armin, Bashian.
Armen Bashian: Your professor.
SFV Room 200A: The fees.
SFV Room 200A: Thank you. By the way, I’ve gone in my mouth only because I’m really a little sick. Otherwise you would never see that Victoria Priyones.
SFV Room 200A: Victoria. Hi, okay, let’s try that one. Giancarlo, Augustine Hernandez.
SFV Room 200A: Fabricia, Pereira Pete period. Period.
SFV Room 200A: Well, you say it much better than I do Anna Galtzian, a Latvian, Anna Galazian.
SFV Room 200A: going once, going twice. It’s 7 0, 3 absent Kevin Colavati.
Kevin Golovaty: Here.
SFV Room 200A: Cesar Gonzalez.
Cesar Gonzalez: Here, Professor.
SFV Room 200A: Paul Gonzalez.
Paul Gonzalez: 3rd professor.
SFV Room 200A: Naira, Jacobian.
Naira Hakobyan: You’re a professor.
SFV Room 200A: Anna Jacobian on zoom.
Naira Hakobyan: Dear, Professor.
SFV Room 200A: Vasquez.
Karen Hernandez: You’re a professor.
SFV Room 200A: Ruben
Ruben H.: Dear.
SFV Room 200A: Here gotcha
SFV Room 200A: Alina in.
alina indzheyan: Here.
SFV Room 200A: Rita Karayan.
Rita Karaian: Here.
SFV Room 200A: Liana, Caribbean.
LIANNA KARIBYAN: Here.
SFV Room 200A: Only 20 pages to go.
SFV Room 200A: Gregor Kasabian air.
SFV Room 200A: Carl Kushkarian here.
SFV Room 200A: Good!
SFV Room 200A: I I have a name. I have a friend who’s a lawyer
SFV Room 200A: who has the most amazing Porsche cars, not one, but several same name, same 1st name, same last name
SFV Room 200A: is a Porsche lever, Madeleine Koshkarian, Madeline Maddie Kushkarian
SFV Room 200A: is it? Madeleine? Madelena Kushkarian, mad. Lena Kashkarian. Sorry going once going twice.
SFV Room 200A: That’s it.
SFV Room 200A: Adrian. Kumanto Kumamoto.
SFV Room 200A: Goodbye, John.
Adreanne Kumamoto: Yes, Adrienne Kumamoto, I’m present.
SFV Room 200A: Alright. Thank you, Michael. Kundji, Beckyan.
Michael Kundibekian: Here, Professor.
SFV Room 200A: Thank you, Sir Cynthia.
SFV Room 200A: Is it? Lock, log, logger.
Cynthia Llauger: Yes, Professor Cynthia Lager.
SFV Room 200A: Oh, wow! I got it.
SFV Room 200A: Thank you, Jason. Marakian Mccarty.
Jason Makaryan: Makarian. I’m here.
SFV Room 200A: They’re Mccartney entrance.
Jason Makaryan: Thank you.
SFV Room 200A: Sabrina. You’re welcome, Sir Kabrina Malekan.
Sabrina Malekan: Hi! Yes, I’m here.
SFV Room 200A: Hi!
SFV Room 200A: Julia!
Julia Maroquin: Here, Professor.
SFV Room 200A: Arthur, Ms. Lumion.
Arthur Mazloumian: Here.
SFV Room 200A: Yana. I’m here, Professor Gate, Johnny Meronian.
Johnny Mihranian: Here, Professor.
SFV Room 200A: Thank you. By the way, I never pick on anybody. If I’m calling. If I call on you, I never look at names. I just go like this.
SFV Room 200A: I never pick on anybody.
SFV Room 200A: I don’t like that.
SFV Room 200A: I don’t like it when right, and he always picked on me as I was sitting up front
SFV Room 200A: our criminal professor, one of the founders of the school.
SFV Room 200A: and he would always tell me, oh, my God! Do you now feel like shit after I would speak.
SFV Room 200A: but he was an amazing professor.
SFV Room 200A: I miss him to this day.
SFV Room 200A: Armand Mirzoyan here cool, probably a man outside
SFV Room 200A: bottom. One came and shook my head.
SFV Room 200A: That was nice, Laura Murandian.
Laura Muradyan: Here.
SFV Room 200A: Nazar. You’re yeah. We met outside Leonie Nazarian here.
SFV Room 200A: Ilona, Nazarian.
Elona Nazaryan: Here.
SFV Room 200A: Armando, Nicole Odin!
SFV Room 200A: I’m sorry, Amanda.
Amanda Oden : Amanda. Yes, I’m here.
SFV Room 200A: Thank you, Amanda.
SFV Room 200A: Marsy. Oyaga.
Masie Oyaga: Hi, Professor, I’m here!
SFV Room 200A: Hi, Alexander!
SFV Room 200A: Corporate Siski! I’m here.
SFV Room 200A: Sorry. Can you? Can you say your name?
SFV Room 200A: I’m supposed to be good at this Jasmine Porzanjani? See, that’s easy.
Fatima Razavi: Here.
SFV Room 200A: Valerie, Rubio.
Valerie Rubio: Here, Professor.
SFV Room 200A: Savada Safarian.
Sevada Safarian: Here, Professor.
SFV Room 200A: Isabel, Salazar.
Isabel Salazar: Here.
SFV Room 200A: Karina. Maria, I’m sorry, Karia. Maria.
Karia Salazar: Cardia salazar, Maria.
SFV Room 200A: Yes.
Karia Salazar: Here.
SFV Room 200A: That’s you. Thank you.
SFV Room 200A: Patrick Shimerian, your professor.
SFV Room 200A: Susie Shahruth, Jumian.
Suzy Shkhrdumyan: Here, Professor.
SFV Room 200A: Thank you. Carmen’s Carmen Smith.
Cameron Smith: Cameron here.
SFV Room 200A: Cameron, Smith.
Cameron Smith: Yes.
SFV Room 200A: Pardon me, shoot me, Yesenia Surya.
Yessenia Soria: Care, professor.
SFV Room 200A: Sorry. Cameron, Annabella Soulahian.
Anabella Sulahian: Here, Professor.
SFV Room 200A: Clarissa turn as Sus.
Clarissa Terrazas: Here, Professor.
SFV Room 200A: You know what I should do, I should pick one of you and say you roll, follow the rules and just sit here and just enjoy the class
SFV Room 200A: Milena, Tofanian.
Milena Tofanyan: Here.
SFV Room 200A: Extra credit for whoever does that, Daniel.
Daniel Toukhlandjian: You’re a proposal.
SFV Room 200A: Thank you, Sir Arthur. Was scourgeon here date right.
Matt Wainwright: Here.
SFV Room 200A: Bye, Madonna, you said Madonna Madonna!
SFV Room 200A: What a difficult date!
SFV Room 200A: Thank you.
SFV Room 200A: Anybody’s name I have not called who is
SFV Room 200A: registered, or is about to be registered in this class, or is present from another section.
SFV Room 200A: Okay? And one more thing that I forgot to talk about. That was the another section part.
SFV Room 200A: if you if you ever, if you’re gonna miss it, miss a class right? And you don’t want to get
SFV Room 200A: an absolute.
SFV Room 200A: As I understand it, the school allows. I’m sure that was the policy last semester. I’m pretty sure it’s the policy this semester
SFV Room 200A: you can go to. Another section of contracts. Sit in that class and get the credit right.
SFV Room 200A: and that’s the end of it. You just have to let the school know right? I’m gonna Miss Professor Kate’s class. But I’m gonna sit in Professor Beach’s class.
SFV Room 200A: right? And then the school will say, Okay, you know they authorize you and you. You sit in the other. If you have any questions again, you can email Elvis, and ask, or the Administration and ask. But I know you can do that. So you’re not stuck with. Oh, crap! I’m not going to make the class. I just got an absent. No, you can just immediately go. I’m sure there’s a class on Tuesday.
SFV Room 200A: Just cover yourself right? You can do this alright any questions before we get on to
SFV Room 200A: the beautiful subject of contracts. Law.
Yessenia Soria: I have a question, Professor. It’s yesenia.
Yessenia Soria: Hi, just for clarification. The cases we are briefing are the ones on the chapter that’s assigned for that week. Right.
SFV Room 200A: I’m sorry. Ask one more time.
Yessenia Soria: The cases that we are briefing are, the cases are on the chapter that’s due of the week of the reading right.
SFV Room 200A: Correct.
Yessenia Soria: Okay.
SFV Room 200A: So.
Yessenia Soria: Much.
SFV Room 200A: If we don’t go over those cases, you still have to read the assignment for the week that is coming up right.
Yessenia Soria: Yes, I understand.
SFV Room 200A: Most likely you will not do any cases tonight.
SFV Room 200A: That means next session. You should have read all the way to the end of second session.
SFV Room 200A: Yes, I.
Yessenia Soria: I’ve read and done the cases already. Just wanted a clarification. Thank you.
SFV Room 200A: Great question. Thank you.
SFV Room 200A: Okay, so what are we talking about? Contracts? Does anybody know what contract is?
SFV Room 200A: What’s the contract should be a legally enforceable promise.
SFV Room 200A: binding agreement between 2 parties, binding agreement between 2 parties legally enforceable promise, promise, or set of promises and reach of which the law provides a remedy. Did you read this stuff? She did read this stuff, you know, who to call when you have problems? Right?
SFV Room 200A: Yes, so close close because you said, and enforceable prompts right?
SFV Room 200A: Probably an enforceable set of promises, because you have promises on both sides sometimes right? And you said
SFV Room 200A: binding agreement, binding agreement. There are many binding agreements that are not enforceable.
SFV Room 200A: Right? So there is one definition for an agreement, there is another for a contract. So
SFV Room 200A: first, st let me just tell you, because we usually start with this premise, what law governs contracts.
SFV Room 200A: And when you start writing an essay final, if you don’t start with the sentence, what law governs
SFV Room 200A: I will kill you.
SFV Room 200A: Just kidding.
SFV Room 200A: KIL. For the remainder of the semester. Every time I say I will kill you. I mean, KIL, not. KIL,
SFV Room 200A: okay, because I’m gonna say that a lot.
SFV Room 200A: In fact, last semester my students thought I’m gonna hunt them down. I don’t do that. I have others to do it.
SFV Room 200A: But okay, so the 1st thing we need to learn is what law governs contracts.
SFV Room 200A: And the short answer is common law, right.
SFV Room 200A: judgment, law, British law. Whatever you common law governs all contracts except the sale of goods.
SFV Room 200A: Sale of goods are governed by uniform commercial code or Ucc.
SFV Room 200A: And I always repeat many times, so please don’t freak out.
SFV Room 200A: If I’m giving a definition you’ll probably hear it 3, 4 times.
SFV Room 200A: You can record all you want. No problem. Common law governs all contracts except the sale of goods.
SFV Room 200A: Sale of goods are governed by the Ucc. Uniform commercial code. You don’t write on your exam. Uniform commercial code. That’s a waste of time. Just write. Ucc.
SFV Room 200A: I know what you mean.
SFV Room 200A: What is Ucc Ucc. Is a model set of laws
SFV Room 200A: that was 1st adopted in the fifties. You’re not tested on this, so you don’t need to know it.
SFV Room 200A: You just have to know that sale of goods are governed by Ucc. I’m just telling you, because, you know, have a historical background. Sometimes it’s not a bad idea right in the fifties.
SFV Room 200A: They wanted to have a set of laws that would that would
SFV Room 200A: make commercial transactions a little easier.
SFV Room 200A: There were a whole host of difficulties, and they they decided to come up with a set of laws called the Ucc. And to this day, I think up to several years ago, was just 49 State. But now 50 States have adopted pretty much all of the Ucc.
SFV Room 200A: but certainly California has.
SFV Room 200A: And so ucc,
SFV Room 200A: basically governs the sale of goods. So now we want to find out what are goods, what? What are sales?
SFV Room 200A: Right? Because what you may assume it is, it may not be.
SFV Room 200A: We’re learning to become lawyers. We have to learn the legal language, right? Which I’m pretty sure those of you who had. What an intro I used to teach Intro
SFV Room 200A: 1st couple of years. Right it was.
SFV Room 200A: There was an introduction to law, and people go. Oh, my God, what is this?
SFV Room 200A: But as trust me, second year you’ll be like, oh, whatever this is so easy, right?
SFV Room 200A: Okay. So governing law is common law except for the sale of goods.
SFV Room 200A: let me tell you what is an agreement restatement. Second, by the way, restatement second is another set of laws
SFV Room 200A: restatement, 1st and restatement second or another set of laws that basically is the model after common law. Right? So it’s a, it’s a restatement of of law, of contracts. We have it for towards etc, etc.
SFV Room 200A: But restatement. Second, is a modified version of restatement. First, st right?
SFV Room 200A: And you you find some guidance in there, and you there are definitely usable in our application of laws. So restate. Second of contract. Section 3. Defines agreement
SFV Room 200A: agreement, not contracts, as a manifestation of mutual assent, manifestation of mutual ascent.
SFV Room 200A: sufficiently definite to conclude a pardon.
SFV Room 200A: Okay, in statement. Second of contract section 3 defines the term agreement
SFV Room 200A: as a manifestation of mutual ascent
SFV Room 200A: sufficiently definite to conclude a bargain.
SFV Room 200A: Who can tell me what manifestation means?
Frantz Biamby: The creation of the contract.
SFV Room 200A: Okay. Anybody else? The expression of Oh, very good.
SFV Room 200A: It’s yes, be expressed or implied by it could be implied. Intent
SFV Room 200A: intent is behind it. But it’s basically an expression. Right? It’s it’s it’s expressing yourself. If I if I manifest my intent
SFV Room 200A: to buy your laptop, I must have said or done something to make you believe that I want to buy your laptop, if I think it in my own head.
SFV Room 200A: That’s useless, right? It hasn’t been manifested yet
SFV Room 200A: outward manifestation is that when it actually shows up right, it’s communicated.
SFV Room 200A: So communication probably would be the best way to describe manifestation of mutual assent. What does mutual assent mean? Both parties agree? Yeah.
SFV Room 200A: exactly. They mutually agree.
SFV Room 200A: Ascent, right?
SFV Room 200A: Sufficiently definite. Does it mean 1 million percent definite?
SFV Room 200A: No, it doesn’t. It says sufficiently definite, and we will find out what that all means
SFV Room 200A: to conclude a bargain, in other words, to reach a bargain.
SFV Room 200A: to reach an agreement which is what you were talking about. Right?
SFV Room 200A: That’s an agreement. But an agreement is not a contract.
SFV Room 200A: It’s just an agreement.
SFV Room 200A: Let’s try this.
SFV Room 200A: What was your name? Patrick, Patrick.
SFV Room 200A: Patrick and I decide we agree
SFV Room 200A: to go. Take a walk tomorrow.
SFV Room 200A: Santa Monica, and talk about the class he’s like, Professor, are you sure you’re gonna be there. I’m like 9 o’clock sharp. I’ll be there.
SFV Room 200A: and I don’t show up.
SFV Room 200A: And Patrick says what an asshole I’m gonna sue him.
SFV Room 200A: He made an agreement with me. He shook my hand. There are 20 witnesses more.
SFV Room 200A: Good evening.
SFV Room 200A: He didn’t show up.
SFV Room 200A: I’m gonna shoot it
SFV Room 200A: because I had to spend gas. Come over there, sit there, wait for 2 h. He didn’t show up. I wasted my day. I’m going to sue him.
SFV Room 200A: You’d be surprised that that agreement may not be enforceable.
SFV Room 200A: You can only sue for an enforceable agreement.
SFV Room 200A: Okay? And that’s what we’re gonna talk about.
SFV Room 200A: And and you may think that necessarily has to be a contract. Not necessarily. You will find out that there are some promises that are enforceable on their own.
SFV Room 200A: So
SFV Room 200A: I told, I told these guys outside, I said, Oh, contract is easy, man. Come on, relax, you know. Right? But it’s not that easy.
SFV Room 200A: Okay, that’s why we’re here.
SFV Room 200A: Anybody could have been a lawyer if that was the case, but not everybody is aware.
SFV Room 200A: Yeah, okay, so
SFV Room 200A: contract, what’s a contract? And I think you were kind enough to tell us what the definition was, but I will tell you a contract is a promise
SFV Room 200A: or a set of promises.
SFV Room 200A: A contract is a promise, but a set of promises, for the breach of which
SFV Room 200A: the Lord gives a remedy.
SFV Room 200A: or the performance of which the law in some way recognizes as a duty.
SFV Room 200A: I repeat, a contract is a promise or a set of promises.
SFV Room 200A: for the breach of which the law gives a remedy.
SFV Room 200A: or the performance of which the law in some way recognizes as a 2. T. By the way, if I’m giving a definition, you didn’t get it.
SFV Room 200A: I don’t get upset at all. In fact, I would love it. If you stop me and say say it again. Say it again.
SFV Room 200A: You’re here to learn. Don’t ever, you know, be shy or get upset of thinking. Oh, what is he gonna think?
SFV Room 200A: Don’t worry about anybody else. Just worry about you. If you didn’t get it, stop me and ask me to do it again and again until you get it.
SFV Room 200A: But that goes for the entire year.
SFV Room 200A: Okay.
Yessenia Soria: Can you repeat it, Professor? One more time, please.
SFV Room 200A: Absolutely a contract. Of course, a contract is a promise or a set of promises.
SFV Room 200A: for the breach of which
SFV Room 200A: the law gives a remedy. In other words, it’s a promise or a set of promises that if you breach it
SFV Room 200A: right, the law gives some sort of a remedy meaning it’s enforcement.
SFV Room 200A: or the performance of which the law in some way recognizes as a duty. In other words, the law will says, says that if you enter into a valid contract. Your performance is your duty.
SFV Room 200A: It’s not like. If I want to do it, I’ll do it right. I entered into a contract with the school to show up here and teach a class. I can’t just get up and say, you know, today I’m I feel a little sick under the weather, and I work all day, you know, to help with them. I’m just not gonna go.
SFV Room 200A: I’ve breached 7 right? Cause my promise is to be here and teach you.
SFV Room 200A: Right?
SFV Room 200A: Okay? So the contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. How does restatement? Second, define a contract?
SFV Room 200A: It’s much easier.
SFV Room 200A: It defines a contract as a set of promises that the law will enforce
SFV Room 200A: a set of promises that the law will enforce the State, and second of contract Section one.
SFV Room 200A: In essence, a contract and an agreement between the parties that the law will recognize and enforce. That’s really what it is.
SFV Room 200A: Another definition for contract that nobody can say is wrong is a contract is, offer acceptance, consideration.
SFV Room 200A: That’s another definition. Nobody can really tell you that you’re wrong about it, because it is offer acceptance, consideration.
SFV Room 200A: We would much rather in this class to hear you say a contract is a promise or set of promises for the breach of which the law give a remedy, etc, etc, we would. We would prefer that
SFV Room 200A: the official definition.
Frantz Biamby: Sorry.
Frantz Biamby: For the recent definition. Did you say we’ll recognize an invoice or recognize.
SFV Room 200A: The definition is basically a set of promises that the law will enforce. That’s it.
SFV Room 200A: That’s the definition. The rest was my saying. And I said, in essence, contract is an agreement between the parties that the law recognizes and enforces.
SFV Room 200A: Oh.
Frantz Biamby: Got it. Thank you.
SFV Room 200A: You’re welcome.
SFV Room 200A: Okay.
SFV Room 200A: I’m gonna briefly talk about the objective theory of contracts.
SFV Room 200A: If you read the very 1st case, Lucy versus America, which has appeared in every freaking textbook that I’ve seen every law. Harvard Law School, Uw. Law school, whatever law school you go. You’re going to see that case
SFV Room 200A: because it’s literally talking about an objective theory of
SFV Room 200A: contracts. What does objective theory of contract?
SFV Room 200A: Anybody?
SFV Room 200A: Yeah. The contract is formed based on the outward expressions, like a word of conduct, of parties, not their internal subject. Excellent. Yeah. It’s what
SFV Room 200A: you would objectively and reasonably conclude from the work or conduct of the opposing part
SFV Room 200A: what you would objectively and reasonably
SFV Room 200A: conclude from the words or and conduct of the other party. Right?
SFV Room 200A: Not what I thought in my head
SFV Room 200A: in Lucy versus the mayor. One of the parties said, what was his defense? I was joking. I was drunk. I was high, whatever right, and the court says, well, that doesn’t matter really.
SFV Room 200A: What matters is what you actually said, what you actually did.
SFV Room 200A: The court carefully examines all of the facts of that case to what happened over. How much time? What did they discuss? What did they write? They rewrote all that stuff to say. You know what it’s not. You can’t just enter into an agreement and then come out and say, I just I was just.
SFV Room 200A: That’s that’s that will not work
SFV Room 200A: right. It’s like a client that was the client that I represented this afternoon he was in jail
SFV Room 200A: so I couldn’t go get signatures like that right on a retainer.
SFV Room 200A: Hey, Buddy, wanna you want me to represent you absolutely. My family speaks highly of you. Okay, you’re good with this much money. Yes, this is what I’m gonna cover. Okay.
SFV Room 200A: I’m justified in in believing everything that he told me right and me telling him I’ll be there.
SFV Room 200A: Don’t look right. I’ll come and see you in jail again, and then I’ll be in court. Relax.
SFV Room 200A: He has every right to believe that because that was my outward manifestation of a willingness to enter into a bargain
SFV Room 200A: that he would hire me, I would be hired, and I would represent him.
SFV Room 200A: Get it
SFV Room 200A: now, if I show up and and not show up in court, and the State Bar says, what the hell were you?
SFV Room 200A: Didn’t he, are you?
SFV Room 200A: Oh, come on! I was joking, you know, in my head I was just kidding. I didn’t like him, you know. He was too arrogant. I was. I was kidding. I was just messing with him.
SFV Room 200A: What do you think is gonna happen?
SFV Room 200A: Buy-by license.
SFV Room 200A: especially because he had a cargo trip tomorrow he’s gonna go.
SFV Room 200A: But if he had missed it oh, no, I’m kidding. But but you get my point. It’s the the objective theory of contracts is exactly what is in Lucy versus Zimmer. It’s the outward manifestation of a willingness to enter into a bargain. That’s what the court will look at.
SFV Room 200A: What did you do? What did you say?
SFV Room 200A: Right? How did you act or react? That would lead the other party to believe
SFV Room 200A: that they can enter into an agreement with you that they are, in fact, entering into an agreement with you. Right?
SFV Room 200A: Okay.
SFV Room 200A: The requirement of the mutual assent. We’re talking about mutual assent, right? Basically, the parties coming to an agreement
SFV Room 200A: does not mean even by the objective standard that the parties must agree on everything.
SFV Room 200A: In other words, you don’t have to agree in all of the terms of the contract. Instead, we must agree on the major and essential terms.
SFV Room 200A: major and essential terms. That’s all that is required.
SFV Room 200A: If you disagree on the minor terms, as you will find out shortly, the court is likely to substitute
SFV Room 200A: or or to supplement that information.
SFV Room 200A: Okay, that is the trend, by the way, now, under the Ucc. For sure, except a couple of things which we will talk about later, but even under common law jurisdictions, you will see and and common law cases that the court will
SFV Room 200A: it basically supplement or substitute that that which is missing
SFV Room 200A: right to allow the contract to go forward.
SFV Room 200A: Okay, the only thing that the court looks at is intent
SFV Room 200A: to be bound by the terms of the contract.
SFV Room 200A: intent to be bound by the person. Intent is everything.
SFV Room 200A: but obviously intent is in our head.
SFV Room 200A: so the court cannot get into our head. They just look at the outward manifestation. Everything that you did that would show what was your intent at the time. Right?
SFV Room 200A: Same thing with criminal law. Right. I’ve been doing criminal defense for 27 years, and fact is, almost everything is all about intent.
SFV Room 200A: Right?
SFV Room 200A: You you are driving down the street and you go. Oh, my God! That’s my mother-in-law! Hey? Boom, children.
SFV Room 200A: right? Not me. You intent to murder, intent to cause serious bodily harm as opposed to
SFV Room 200A: you’re just not paying attention. You make a right turn. You’re doing a little too fast, you know. Same act.
SFV Room 200A: but a different intent.
SFV Room 200A: You never intend to harm anybody. It was an accident.
SFV Room 200A: Maybe you get a men start.
SFV Room 200A: but you definitely will not get murder. One.
SFV Room 200A: but you surely will get murder. One, or maybe murder. 2 for sure. In this, with these facts.
SFV Room 200A: kidding your mother in law don’t do it wrong. Place.
SFV Room 200A: They’re always not.
SFV Room 200A: Okay.
SFV Room 200A: So so you get my point contracts is all about intent.
SFV Room 200A: Here it is.
SFV Room 200A: Criminal law is all about intent almost all the time.
SFV Room 200A: as opposed to running a red light. That’s also criminal law. But intent is not relevant. Right?
SFV Room 200A: Okay?
SFV Room 200A: So let’s talk about yes.
Yessenia Soria: I’m sorry it’s yesenia. I have a quick question on this on this case with Lucy.
Yessenia Soria: but they were both drinking is that’s that doesn’t matter.
SFV Room 200A: We will get to that. Wait. That’s a very good question. We will get to it when we get to defenses at the near the end of the semester. When we talk about defenses we’ll talk about that. Okay.
Yessenia Soria: Oh, okay.
SFV Room 200A: Clearly the court thought the court thought that was not relevant, or that important
SFV Room 200A: right? Because, look, if you’re going to you write a contract, or at least an offer, and you rewrite it, and you argue it for 45 min. Right? And then you come and say you know much later. Oh, you know, by the way I was drunk. The court says I don’t think so
SFV Room 200A: right. I was listening to Joe Rogan. I never listened to today was my 1st time I was listening to. No, not Joe Rogan, somebody else. He looks like Joe Rogan, but he’s from the Ww. What is it. Dana White? Yeah. Him, Dana, what is it? White? He’s the owner of? Ufc, yeah, there you go, owner of Ufc.
SFV Room 200A: He said. And and and I’m I’m sharing this, not because I want to waste your time, but I want to get your mind thinking about this.
SFV Room 200A: perhaps, until we get to the defenses, he said. I was in Las Vegas, Rio.
SFV Room 200A: I heard that today and
SFV Room 200A: We had a suite. They gave us like a presidential suite. We go up there we start drinking, you know, having dinner, drinking whatever. I came downstairs we drank again. Then I went to the
SFV Room 200A: high roller table.
SFV Room 200A: I gambled, I gambled, and and and the next day my host called me, and I said, Listen, asshole, I’m coming back for my $80,000. The table be better be ready
SFV Room 200A: and he goes.
SFV Room 200A: You didn’t lose $80,000. You lost 3 million dollars last night.
SFV Room 200A: and he goes. What but my limit is 1.5 million dollars. He says, yeah, but you made us call the Casino manager and the hotel manager and whatever, and raised your minimum to 3 million, and you lost the entire 3 million.
SFV Room 200A: Now you may think, if he was that drunk.
SFV Room 200A: can they collect the 3 million?
SFV Room 200A: I don’t know if the answer is so easy.
SFV Room 200A: right? But that’s what he did, and he said that would be me. That would. I would be the type of person that would call the manager and the whatever, and get my limit to whatever I want it to be. I thought it was me
SFV Room 200A: so the question I mean he was dead drunk. Bless you!
SFV Room 200A: Does he mean he has? Does that mean he has to pay the 3 million or not?
SFV Room 200A: We’ll see right?
SFV Room 200A: That’s why lawyers are in existence.
SFV Room 200A: Okay, let’s talk about sale of goods a little bit.
SFV Room 200A: What are goods?
SFV Room 200A: Article 2. 0, sorry. I thought you were asking. Oh, go ahead. You can tell us absolutely things that are movable and tangible. Yes, generally, things that are movable and tangible.
SFV Room 200A: No
SFV Room 200A: goods are all things that are movable at the time they are identified as a good to be sold under the contract. This is Ucc dash 2, 1, 5. By the way, you do not ever have to remember a Ucc number. Okay, forget it.
SFV Room 200A: The only one that most students remember and talk about is 2. Dash 2 0, 7,
SFV Room 200A: which we’ll get. It’s called Battle of the Forms.
SFV Room 200A: every other Ucc number just just throwing trash. Nobody cares. The only reason I say it is. If you want to go look it up.
SFV Room 200A: They don’t go. What the hell did he just talk about till today? He didn’t give us? You know what you see. I want to read it.
SFV Room 200A: It’s at the at the back of the book. By the way, if you haven’t seen it.
SFV Room 200A: In in Article 2, by the way, incidentally, is the only article that is tested in the bar. That’s why you’re not reading all of the articles. There’s Article 9. There’s we don’t care about that stuff you only care about Article 2, because that’s all. The State bar test all of the nation. By the way.
SFV Room 200A: right?
SFV Room 200A: So article 2 defines goods as all things movable.
SFV Room 200A: and, I would add tangible meaning. You can touch or feel
SFV Room 200A: at the time they are identified as goods to be sold under the contract.
SFV Room 200A: So
SFV Room 200A: all tangible stuff are included, intangible stuff are not included. So let’s talk about that a little bit. So what about goods that are associated with
SFV Room 200A: real estate.
Cesar Gonzalez: Because.
SFV Room 200A: Say again.
Cesar Gonzalez: So it depends on real estate depends if it’s attached or not to the property.
SFV Room 200A: Yeah, that’s correct. It depends on whether it’s attached or not. But as you will find out in the next several weeks
SFV Room 200A: that if you identify the goods as something the seller will sever from the land, and will sell it to the buyer or the buyer will sever himself or herself. That may change the character of whether Ucc applies or common law applies right.
SFV Room 200A: it may get a so minerals, growing crops, uncut timber, and fixtures removed from the land may fall under Article 2, under certain circumstances, may fall under the Uc. Under certain circumstances which we’re going to talk right?
SFV Room 200A: So 2 dash, 1 0, 5 ucc, 2 dash, 1 0, 5
SFV Room 200A: states that goods are those things that are movable and tangible.
SFV Room 200A: Right?
SFV Room 200A: This is a good I am not a good, even though I’m movable and tangible. I’m a person.
SFV Room 200A: We’re talking about things right. This is a good. This classroom is not a good.
SFV Room 200A: This building is not a good.
SFV Room 200A: even though somebody can, you know, because law students, you know, they’ll argue anything. Sure, you can lift the building and move it to somebody, some someplace else. No, it’s not. This is. This is not a movable, tangible object.
SFV Room 200A: It’s a fixture affixed to the to the land, right? So tangible. Move away
SFV Room 200A: now. What if we have? Is is everybody with me so far?
SFV Room 200A: What time is it? 7, 4, 39. I’m gonna call a break in about 6 min.
SFV Room 200A: So we said, goods governed by Ucc. Anything else, such as employment contracts
SFV Room 200A: right. Lease of a car is not a sale of a good.
SFV Room 200A: So if you say the lease of the car is governed by Ucc. I will kill you.
SFV Room 200A: Oh, dude, it must be a sale, and it must be a good both, otherwise it’s not ucc.
SFV Room 200A: if it’s a rental of a car right? The guy goes to the car rental company and rents a car, but it’s not a Ucc. Issue at all. It’s a rental. There’s no sale going on. Sale means what
SFV Room 200A: what does sale mean?
SFV Room 200A: Change of ownership? Thank you. The title passes from one to the other.
SFV Room 200A: Right? If I sell you my laptop, even though we don’t actually write a title, I’m giving you the title to this laptop. It’s now yours. It’s no longer mine. I’m leasing it to you or renting it to you. It’s not yours. It’s still mine. You just have possession and use
SFV Room 200A: for a certain time. Period understood. So sale of goods. Ucc! Everything else. Come along.
SFV Room 200A: What if we have a mixed contract
SFV Room 200A: ordering pizza during super bowl. I I learned the hard way not to do that again
SFV Room 200A: many years ago. I ordered it for delivery at 2 Pm. It showed up at 8 or 9.
SFV Room 200A: I’m not kidding. I was gonna kill the guy I may have already have.
SFV Room 200A: but I learned that’s a bad idea. But ordering pizza.
Cesar Gonzalez: Whatever the predominant factor is.
SFV Room 200A: Is it governed under Ucc, or governed under common law?
Frantz Biamby: It would be a hybrid.
Cesar Gonzalez: No, she’s with.
Adreanne Kumamoto: Hybrid.
Cesar Gonzalez: Ucc. I say the agreement.
Adreanne Kumamoto: Delivered the pizza.
SFV Room 200A: The gentleman that said hybrid on Zoom.
SFV Room 200A: You care to explain.
Frantz Biamby: Because they would take certain.
SFV Room 200A: What does hybrid mean?
Frantz Biamby: That it’s a mixed contract that it has both ucc and common law. So they take parts.
SFV Room 200A: Okay, so let’s talk about that for a second. That example. Just stay with that example.
SFV Room 200A: We have this sale of a pizza.
SFV Room 200A: What part of it is common law, and what part of it is? Ucc.
SFV Room 200A: is this pizza delivery? Oh, the delivery is common law, and then the sale of the pizza seems very good. So what law do we apply?
SFV Room 200A: We have a pizza delivery. The guy didn’t show up until 8 pm. I want to sue him. What law do I is governed? Pretty sure it’s whichever one’s more dominant in the contract predominant.
SFV Room 200A: Oh, very, very good. So you’re talking about predominant purpose rule. Very good. So if we have a mixed hybrid contract that involves both the common law and the Ucc.
SFV Room 200A: if and I’m almost giving you a definition. If you want to write it down. If those elements are not severable.
SFV Room 200A: if those elements are not severable, then the predominant purpose of the contract will go
SFV Room 200A: predominant purpose. PRED, OMIN a TE predominant.
SFV Room 200A: or come up with something like that if you forget
SFV Room 200A: it would do. Yes, what’s the terms of server ability? Well, that’s exactly what we’re going to talk about.
SFV Room 200A: That’s a very, very good question.
SFV Room 200A: Did you say the last part? Yes.
SFV Room 200A: a mixed hybrid contract involves both the common law and the Ucc elements. If those elements are not severable from each other, then the predominant purpose
SFV Room 200A: of the contract will govern. In other words, we will look to see what is the predominant purpose intensively.
SFV Room 200A: Is it that I want a delivery guy to show up at my house.
SFV Room 200A: or is it that I want pizza?
SFV Room 200A: Yes, when doing a hybrid analysis, we always have to talk about both the predominant purposes and the grav event test, or we can just do one. And then I would just say that I would stick with predominant tests. Yeah, absolutely.
SFV Room 200A: And you just basically say, if they’re not severable, which we’re gonna talk about.
SFV Room 200A: then then you go to the predominant purpose of the contract right? And that is.
SFV Room 200A: who determines the predominant purpose of the contract, I should say, what determines the majority?
SFV Room 200A: What determines the predominant purpose?
SFV Room 200A: Watts language sandwich, Billy intent.
SFV Room 200A: I’m sorry. What was that? Again. Nature of the supplies. Business. Anybody else.
Cameron Smith: Intent.
SFV Room 200A: Who said that?
Cameron Smith: Cameron.
SFV Room 200A: Cameron, give yourself an a plus Cameron Smith.
SFV Room 200A: Intent, I told you contract is all about intent.
SFV Room 200A: If the court wants to know what is the predominant purpose. The court looks to the intent of the problems.
SFV Room 200A: What did the buyer want
SFV Room 200A: when I called Domino’s? And he showed up at 8 o’clock. Let’s say he showed up.
SFV Room 200A: But he I want to sue him. I want to sue them, because if they didn’t deliver the pizza
SFV Room 200A: right, they were 6 h late.
SFV Room 200A: Of course they give it to me for free, because
SFV Room 200A: I would definitely suit just because I was so pissy.
SFV Room 200A: not because I cared about pizza. But my point is, what is the predominant purpose here?
SFV Room 200A: If the court might want to get into my head, you know what was important to you?
SFV Room 200A: Was the delivery important to you, and if I say no, I wanted the pizza, because I’ll ucc is more favorable to me
SFV Room 200A: to to file a lawsuit. The court might say, Well, wait a minute.
SFV Room 200A: So if they would have called you and said, Pizza is ready. Would you go pick it up?
SFV Room 200A: No, you were in the middle of a super bowl. Game. Hell! I’m not going
SFV Room 200A: so. Oh, so the delivery was very important to you, wasn’t it?
SFV Room 200A: Yeah, your honor, I was.
SFV Room 200A: See what I mean. The answer is not so easy.
SFV Room 200A: Right?
SFV Room 200A: It was just pizza. I would just go pick it up somewhere else.
SFV Room 200A: So delivery was important.
SFV Room 200A: Is it the predominant purpose?
SFV Room 200A: Probably not because the guy shows up on time without the pizzas. I want to kill him.
SFV Room 200A: That’s KILM.
SFV Room 200A: So the pizza is probably the predominant purpose of the contract. You get my point at some point, the court will hopefully get into the intent of the parties and decide, okay, this guy, this one is going to be governed by the Ucc
SFV Room 200A: assuming they’re not severable. These promises of. And and somebody said, severability right can be separate
SFV Room 200A: the the promise for the delivery and the pizza.
SFV Room 200A: It would be almost impossible, because I’m paying one fee for both. How do we separate? How much is the pizza? How much is the delivery?
SFV Room 200A: Can you do that? Can anybody one of you do it?
SFV Room 200A: No, they’re not severable. These promises are not separable as opposed to, as opposed to this laptop.
SFV Room 200A: Pause back $3,000,
SFV Room 200A: and I pay, I don’t know. Probably 400 bucks or something for for what is it? Apple plus apple care? Thank you.
SFV Room 200A: This laptop is Ucc. Yes, governed by Ucc, because it’s a tangible, movable good. It’s an object.
SFV Room 200A: What about the Applecare?
SFV Room 200A: So it’s a service contract.
SFV Room 200A: It’s a service contract that’s managed or governed by.
SFV Room 200A: Come along.
SFV Room 200A: Are these promises severable?
SFV Room 200A: Yes, yes, if you have ever bought a Mac, I don’t know about all the rest of the computer. So you’ve ever bought a Mac cause I’m on a suck. I got probably 5 of these
SFV Room 200A: hanging everywhere.
SFV Room 200A: You know that on your receipt
SFV Room 200A: there is a price for the Mac.
SFV Room 200A: There’s a separate price for the service.
SFV Room 200A: so I can easily separate. Here’s $3,000 for the Mac, your honor, $400 that I paid for service. They didn’t give me the service, so common law applies.
SFV Room 200A: Get it.
SFV Room 200A: That’s severable.
SFV Room 200A: Easily. Promise for a promise. Severability means a promise for a promise. Promise to deliver the goods versus the money, promise to deliver the Service contract versus my money
SFV Room 200A: if you can separate those. There’s several, if not, what is the predominant purpose between a Mac and service contract.
SFV Room 200A: Perhaps that’s why we’re lawyers right? I’m sure the other lawyer on the other side is going to say No, no, the Mac, without the warranty, and all the service that they provide, and the genius, whatever bar means nothing. I would have bought a cheaper computer. I pay all this money so that I can have.
SFV Room 200A: You know, their service contract and all that stuff. So who knows?
SFV Room 200A: But yeah, I would agree with you. I would say that it’s it’s the Mac right? They give me a service contract without the laptop. What is that good for? It’s good for nothing.
SFV Room 200A: It’s not gonna do me any good. Okay.
SFV Room 200A: the pizza. So one isn’t like, can’t you still say the same for pizza? Because you pay separate shipping? Well, I don’t think you pay separate for shipping I’ve never seen.
SFV Room 200A: I haven’t. We ordered domino’s for my child’s school. My wife did so. I didn’t look at the receipt. I don’t think they charge separately for for delivery.
SFV Room 200A: I think it’s all one number
SFV Room 200A: if I’m correct. But if it’s separate, sure, if it’s a separate figure, if you can, if the promises are independent. If the party’s intent evidence, let me give you the definition first, st and then we’ll further talk about it.
SFV Room 200A: So what are the promises? Independent?
SFV Room 200A: That’s the question.
SFV Room 200A: Here’s the answer or the definition. Promises are independent.
SFV Room 200A: If the parties that’s apostrophe S parties, intent
SFV Room 200A: evidence is they would have contracted for the promises. Separate
SFV Room 200A: promises are independent. If the parties intent evidence says that they would have contracted for the promises separate.
Ruben H.: One more, please.
SFV Room 200A: Yes.
SFV Room 200A: severability. Let me let me go from the top. When we talked about severability. Contracts are severable as long as the promises are independent and apportionable.
Adreanne Kumamoto: I’m sorry, Professor, can we talk? I I think I’m the only person in the classroom.
SFV Room 200A: Got treated over past the breakdown.
SFV Room 200A: Is that what you were asking for?
Adreanne Kumamoto: Not at all.
SFV Room 200A: Okay, what did you want to ask? I have to call it breaking.
Adreanne Kumamoto: This predominant purpose test it would.
Adreanne Kumamoto: is it in chapter one or 2, and I have no idea.
SFV Room 200A: It’s in my lecture.
SFV Room 200A: Just stay with me. Okay.
SFV Room 200A: alright. Let’s take a break. Let’s come back in 15 min. So it’s it would be 8 0. 5 and 8 sharp, 8 0. 5 sharp. It’s.
maddykoshkaryan: Professor.
Daniel Toukhlandjian: Hey, Maddie, we are! We’re on brick.
maddykoshkaryan: I don’t.
maddykoshkaryan: I know I I had a login issue, and I couldn’t get it. I’m like, let me tell him I’m here, but I don’t know if you know if I can message him. Do you know, if we could message him?
maddykoshkaryan: Apparently I don’t think so.
Daniel Toukhlandjian: Okay. So if you want just 8 0, 5, just come back. And then.
maddykoshkaryan: Or tell him.
Frantz Biamby: Yeah, you could text me.
Suzy Shkhrdumyan: Same if you want.
maddykoshkaryan: Did he? Did he take role.
Suzy Shkhrdumyan: Yeah.
Frantz Biamby: You dude.
Suzy Shkhrdumyan: I would text him if I were you.
Frantz Biamby: Fix them.
maddykoshkaryan: I will.
maddykoshkaryan: What a way to start this!
maddykoshkaryan: Thank you. Guys.
Frantz Biamby: No problem.
Suzy Shkhrdumyan: You have his number.
maddykoshkaryan: Yeah, I have the syllabus.
Suzy Shkhrdumyan: Okay.
SFV Room 200A: Kushkaryan Cool.
maddykoshkaryan: Yes. Hi, professor.
SFV Room 200A: 5. What time did you log in.
maddykoshkaryan: I actually had a very big issue. I want to say, probably like 20 min in to lecture, I had a very big issue. I was trying to deal with Elvis, they gave me a link to a different class.
SFV Room 200A: Okay. I’m not. Gonna I’m not. Gonna mark you, absent. Okay, don’t worry about it.
maddykoshkaryan: Okay, thank you so much. I really appreciate it, and it won’t happen again.
SFV Room 200A: No problem.
SFV Room 200A: Yes, sir, were we expected to read the chapter previous to the 1st class?
SFV Room 200A: Excuse me, don’t worry. I’m not. Gonna I just wish it.
SFV Room 200A: It is.
Adreanne Kumamoto: So, Professor.
Adreanne Kumamoto: The predominant purposes.
SFV Room 200A: Things.
Adreanne Kumamoto: Can we define it when we come back.
SFV Room 200A: Good question if I sign up for online. But if I show up in person, do I still need to log in? No, I mentioned that I think previously. If you show up here, you don’t have to log in, and please don’t, because it’s a little confusing, because, let me see you, but you’re there, but your face is not there. I’ll mark you absolutely.
SFV Room 200A: and that’s it. You don’t want that. So if you’re here, you don’t need to log in. Just
SFV Room 200A: answer ready when I call you back.
SFV Room 200A: Okay, you delete it
SFV Room 200A: alright. Also, after break. It’s my discretion to call on you. In other words, call your name
SFV Room 200A: all the roster, and if you’re not here again I’ll mark you absent, even if you’re late.
SFV Room 200A: So just just keep that in mind. Sometimes I’ll just pick this up and go all the way through it. Sometimes I’ll call 5 names.
SFV Room 200A: and sometimes I call no niece.
SFV Room 200A: So
SFV Room 200A: just remember if you’re gonna you know, escape during break that doesn’t sit well with me. Okay.
SFV Room 200A: Back on the record is 8 0 5
SFV Room 200A: let’s go back to contracts involving goods and non goods. Okay, let’s let’s
SFV Room 200A: let’s break that apart a little bit. By the way, as somebody who correctly mentioned, oh, none of these stuff are in the reading assignment.
SFV Room 200A: Let me make one thing clear in law school.
SFV Room 200A: You may not see what the professor is teaching in the casebook, because this is not the traditional book that we have in college or high school right? This is not where all the law is the black letter law. These are case books.
SFV Room 200A: We read the cases to literally become lawyers. We learn how arguments are made. We learn how the case is summarized, how the facts are presented, how the laws are applied, and how the court comes to a conclusion. That’s how you become a lawyer. Right? But memorizing black letter law. Anybody can do that. I always say that my paradigos know black letter law better than lawyers sometimes, but they’re not lawyers
SFV Room 200A: because they didn’t read. This Facebook is about. Honestly, it’s about making you a lawyer.
SFV Room 200A: Black letter law is to facilitate
SFV Room 200A: right or provide the law that you need to understand this book.
SFV Room 200A: Does that make sense? At least, in my opinion, without this case book
SFV Room 200A: none of us would be lawyers.
SFV Room 200A: I went to the head da head da in Ventura is
SFV Room 200A: a very nice guy, Andrew Sullivan.
SFV Room 200A: I went to him and I I appealed to him. I said, Listen, I want you to
SFV Room 200A: do me a favor regarding bail hearing because they set the bail at $250,000 for my client.
SFV Room 200A: I’m want it failed to be $10,000 huge gap right? And the Ta.
SFV Room 200A: Was a very nice deal, the one that was assigned to the to the department.
SFV Room 200A: Very, very nice. Ta! Like so nice.
SFV Room 200A: Oh, my gosh! So I said, You know what
SFV Room 200A: I’m gonna go up and talk to Mister Salt.
SFV Room 200A: and he’s like head dipping. I go there and I say, listen! I got all these documents do me a favor
SFV Room 200A: just instead of dragging me back, because under the law they can drag me back 48 h from today, so that the judge can hear a bail motion. Meanwhile the guy is sitting in the prison in jail, and he’s going to be transferred to a prison, and he’s not taking his medication right. It’s all the sheriff’s fault, you know what I mean. But Lapd would have let him go.
SFV Room 200A: so he’s he’s sitting there, and he hasn’t eaten since I don’t know when, and he hasn’t had his medication since Thursday, and excuse me for saying this, but he hasn’t been able to go to the bathroom since Thursday.
SFV Room 200A: He’s really really scared like he’s
SFV Room 200A: he. You could tell. He doesn’t really belong there. He’s not that anybody belongs there, but some people deserve it. He’s just an idiot.
SFV Room 200A: you know. I I categorize idiot a lot of idiots. And then criminals like sometimes you just do something stupid.
SFV Room 200A: So so I’m over there talking to Sullivan, and I think it was about something about lecture for tonight.
SFV Room 200A: I get him to agree, and I honestly, everything that I argued was based on case law. I literally opened the case law that was in my brief, and I said, please look at this. See, this is what the court had said. Court of Appeals. This is what the Court of Appeal said about this. There is no need for me to for you to drag me. You know the judge is going to do.
SFV Room 200A: It’s gonna go my way in 48 h, but I don’t want to come back to Ventura County.
SFV Room 200A: And and meanwhile this guy’s really getting screwed. I mean, he deserves it. Okay. He got caught whatever. But
SFV Room 200A: he says, fine!
SFV Room 200A: I get it no problem. Go down there and tell the da that I have accepted your terms.
SFV Room 200A: I go tell the Ga.
SFV Room 200A: That is accepted my terms in open court in front of the judge she goes. No.
SFV Room 200A: your honor, I want $250,000 bail. I said. I just had it.
SFV Room 200A: I said, Your Honor, I think she wants me to lecture her again on the basics of
SFV Room 200A: You know
SFV Room 200A: case law on on seeking bail, and you know I just went on and on and on, and the judge said, You know what? Stop, just just or
SFV Room 200A: no bail by released. I swear to God
SFV Room 200A: she I’ve been before her many, many times. I think she just frustrated the judge with bullshit arguments.
SFV Room 200A: It was bullshit, and her supervisor already said, Yes, who the hell are you? Shut the hell up?
SFV Room 200A: So I just let her have it.
SFV Room 200A: I started reading case law.
SFV Room 200A: These stuff.
SFV Room 200A: of course, relevant to the subject matter, but this stuff, so that no judge can say no to. I was making a record. The Court of Appeal says this.
SFV Room 200A: In other words, I’m telling the court. You can’t say no, you have to say yes.
SFV Room 200A: And so finally the judge had a judge or
SFV Room 200A: so. I looked at her. I said, see you next week
SFV Room 200A: I’m gonna let her have it.
SFV Room 200A: Okay. So that’s what this case book is for, right?
SFV Room 200A: Not everything we talk about here is I’m literally giving you. I think I call it spoon feeding. I apologize for the term.
SFV Room 200A: but you know how you spoon feed a kid. It’s a baby so that they don’t pass out. Otherwise they won’t eat. That’s what this is. I try to spoon. Feed my students so that you have every single black letter law that you need to pass this course.
SFV Room 200A: The rest is on you.
SFV Room 200A: Okay.
SFV Room 200A: okay? So contracts involving goods and non-goods. We talked about mixed contracts. We said, a mixed contract hybrid involves both common law and ucc components or elements. We said, if those elements are not severable from each other, then a predominant purpose of contract will govern. Then. Now let me define severability because I should have done it.
SFV Room 200A: Property and I didn’t.
SFV Room 200A: Contracts are severable, and I’m giving you a definition.
SFV Room 200A: Contracts are separable so long as promises are independent and a portion of it
SFV Room 200A: contracts are severable. As long as the promises are independent and apportionable.
SFV Room 200A: so are the promises independent. Let’s see, what is, what does Independent mean?
SFV Room 200A: A promise? I’m sorry promises are independent.
SFV Room 200A: If the parties intent evidence is that they would have contracted for the promises. Separate
SFV Room 200A: promises are independent. If the parties intent evidence says they would have contracted for the promises.
SFV Room 200A: Separate an example.
SFV Room 200A: you go to the dealership. You see the car that you want. You buy the car and you say
SFV Room 200A: I’ll buy the car. But I also want you to. You know. Detail the car. And I want to be able to come back for the next year at least once a month, and I want the card detail. If you say yes, I’ll buy the car
SFV Room 200A: if the dealer says yes, and they set a separate price for that detail work which is labor.
SFV Room 200A: I would say that that is a severable contract
SFV Room 200A: versus the sale of the car.
SFV Room 200A: Right?
SFV Room 200A: But if they are not, they’re mixed together. I would suppose that hopefully, you will come up with predominant purpose would be the sale of the car, not detailing the car. Yeah, because it’s a small component.
SFV Room 200A: It’s doing very little right
SFV Room 200A: as opposed to. I just recently bought a car, and I said, I want the car certified, he said. It’s impossible. We don’t do that on a brand new car.
SFV Room 200A: I said. It’s possible I’ll pay for it.
SFV Room 200A: I want you to do it if you want to make it. You said you haven’t sold a car in a month
SFV Room 200A: to the salesperson.
SFV Room 200A: If you certify the car, I’ll buy it right now.
SFV Room 200A: He went back and forth, up and down whatever he certified court
SFV Room 200A: cost me $1,700 for the extra year, or whatever it was.
SFV Room 200A: but so because that cost was an added cost for 4, with that additional service contract.
SFV Room 200A: I would say, that is severable, right? You can literally look at it. Take the $1,700 out. The rest of it would be instead of good
SFV Room 200A: be. It comes with a warranty which is also service. But that comes with the car.
SFV Room 200A: Everybody gets me.
SFV Room 200A: I’ve seen outlandish arguments in all my years
SFV Room 200A: teaching. So don’t worry. I will see a lot more, I’m sure.
SFV Room 200A: like people would separate the cat from the dog and and argue 3 pages, students
SFV Room 200A: and a cat and a dog. They’re both goods.
SFV Room 200A: whether you like it or not. They are good. No dogs are lovable, or cats live.
SFV Room 200A: That’s not how we judge tangible move.
SFV Room 200A: Okay, so
SFV Room 200A: are the promises. Independent. As I said, promises are independent. If the party’s intent. Basically, evidence is that the contract
SFV Room 200A: for the promises could be separate right? Like the Hi Professor’s end.
SFV Room 200A: I told them that you will be joining us, and I told them that you would probably remind them that they have to show their face on Zoom every single time, or the school policy is very clear and unforgiving. Am I correct, sir.
SFV Room 200A: you are, and it is unfortunately not our policy. It’s the policy of the California State bar. You go.
SFV Room 200A: Okay. We don’t have an option here.
SFV Room 200A: Okay, they
SFV Room 200A: insist on having your faces on camera if you are online, and if you’re not online and you and we can’t see your face, you are not present.
SFV Room 200A: and
SFV Room 200A: that’s just the California State Bar rule, and we have to abide by it. I just wanted to welcome all of you to Uwla. I know this is your 1st class, and I’m sorry that this is such a big class. We do offer 3 other sections of this class. Okay, I know Professor K. Is so popular. So everybody is taking him. But you know.
SFV Room 200A: it’s really good to go to. Maybe you can all transfer to other sections where there’s less population. Okay? So you can get more of personal attention. I hate to see him having to deal with what? Now? How many? 56, 56 students in the class. Okay? But we have 3 other sections of contracts. Okay, on different days. And you can see it. And you’re more than welcome to transfer. I will see some of you in my towards class.
SFV Room 200A: Okay, I’ve only been teaching it for 28 years. Okay, so I think I got a hang of it.
SFV Room 200A: So welcome to Uwla. We will do our best to make this as enjoyable experience for you as possible. One thing I do assure you is that this is the best decision you ever made in your lives
SFV Room 200A: to become a lawyer practicing law. I do not recommend becoming a lawyer I do recommend to.
SFV Room 200A: Okay, because once you become a lawyer, so many different doors open up to you.
SFV Room 200A: you don’t have to practice law.
SFV Room 200A: Okay? You can go into my favorite profession. You can go into law enforcement. You can, my neighbor across the street.
SFV Room 200A: She works for Kaiser.
SFV Room 200A: Okay, just every door opens up for you.
SFV Room 200A: so don’t think that you have to. Oh, I become a lawyer. Let me just go practice law. No, Pi.
SFV Room 200A: we always make fun of pi lawyers, you know. They’re not lawyers. They’re in the business of law. And but
SFV Room 200A: you know, really, this is the best investment of your time.
SFV Room 200A: What else can you do in your next 3 or 4 years that would enhance your earning capacity as much as this? These most valuable license in this country.
SFV Room 200A: which I hate to say, this is a medical license.
SFV Room 200A: because doctors are arch our arch enemies. Okay? And we are the ones who
SFV Room 200A: paying them. Humble them. Okay, but
SFV Room 200A: they are the best and most valuable license. But if she wants to become a doctor.
SFV Room 200A: 4 years of medical school, okay, one year of internship and 3 years of residency. Okay? And now you’re out of the gate here with 3 years you got the second most valuable license. There is.
SFV Room 200A: All right. So it’s very rewarding. You will never look back and say, you know something. I wasted 3 years of my life. Yeah, if you go study, you know psychology, sure, but this.
SFV Room 200A: any education in this country that precipitates in a license is a good investment.
SFV Room 200A: If it does not precipitate in a license, you’re wasting your money.
SFV Room 200A: Go to architectural school.
SFV Room 200A: Okay? Great. You get a license. Alright. Just anything that precipitates in a license. Is your money well spent?
SFV Room 200A: Okay, Mbas. I never understood that.
SFV Room 200A: How much does that increase enhance your earning capacity?
SFV Room 200A: Do you have any? Mba.
SFV Room 200A: What did it do for you? Absolutely nothing. Exit number one, finance also. Nothing. Oh, wow, okay. So law does give you that. Okay. And it changes the way you think.
SFV Room 200A: Okay? And it gives you tools.
SFV Room 200A: And the way you read it changes that forever. Yeah. So we have
SFV Room 200A: an incredible faculty tonight. There are 2 judges teaching here. Okay, we have 16 sitting Superior court judges teaching at Uwla.
SFV Room 200A: One of them is teaching with me right now. Okay, this great course, called bridging the gap between law school and the practice of law where we teach you how to practice law.
SFV Room 200A: Okay, he teaches you theory.
SFV Room 200A: Okay? I. In course, I teach you theory.
SFV Room 200A: We help you pass the bar. But at some point
SFV Room 200A: you gotta learn how to practice.
SFV Room 200A: and that’s what that course does. So you can hear it from a trial lawyer’s perspective as well as sitting judge. Next to it is Judge Bird Songs. He has his own jury trial courtroom.
SFV Room 200A: Here’s the Michael Jordan of judges in counties. Okay, we got 16 of them teaching here, not retired judges
SFV Room 200A: sitting superior court judges. Have you had any? Yes, I had a family law. Oh, yeah, I just find the sports.
SFV Room 200A: Judge Porres is the huh? Judge. Oh, yeah, Judge, yeah, Judge Schrossner. She has her. She teaches criminal procedure and guess what she does.
SFV Room 200A: She has her own criminal court
SFV Room 200A: ex. I’m sorry. Who exactly would you like to learn from? Okay.
SFV Room 200A: Judge Puentes Porres? She is the site judge in Compton. Compton. Okay? And so you’ve got. We got the presiding judge here, judge Kaufman, assistant presiding judge, Judge Doherty, who teaches you con law.
SFV Room 200A: Okay.
SFV Room 200A: Some of you run away from judges.
SFV Room 200A: Judge Doherty is admired. Judge Doherty is admired among the professionals. Yeah. So I know that. Okay, I’m the associate Dean, in case you didn’t know. Okay.
SFV Room 200A: Listen. People run away from judges. Oh, this judge is difficult.
SFV Room 200A: Listen, don’t.
SFV Room 200A: Do you want to pass the bar, or don’t you?
SFV Room 200A: Okay? If I just hand you over a a juris doctorate degree No. One.
SFV Room 200A: How is that helpful to you?
SFV Room 200A: You need to pass the bar.
SFV Room 200A: Okay. You’re not here to get a good grade from him, or get a good grade from me.
SFV Room 200A: Who cares?
SFV Room 200A: Who cares about us?
SFV Room 200A: This is about you passing the bar the 1st try.
SFV Room 200A: It’s all about that. The rest is nonsense.
SFV Room 200A: Okay, so don’t run away from judges because you think they are difficult for words. Difficulty is a good thing.
SFV Room 200A: Okay?
SFV Room 200A: So home seas do not make good sailors.
SFV Room 200A: All right.
SFV Room 200A: Don’t run away from stress.
SFV Room 200A: Embrace stress.
SFV Room 200A: Okay? Now, I would say this to the fewer in my Tours class. But since I’m here interrupting him, I would say this to you. One of my favorite quotations from Mayo Angelo.
SFV Room 200A: she said, whenever pain comes into my life.
SFV Room 200A: I ask it.
SFV Room 200A: What are you here to teach me today?
SFV Room 200A: Don’t run away from stress. Don’t run away from pain. This is Nature’s way of teaching us. You want to get good.
SFV Room 200A: or you want to be soft.
SFV Room 200A: That’s so. Don’t run away from it.
SFV Room 200A: You’re investing in yourselves. She’s not here because of me. She’s here because of your future self.
SFV Room 200A: your future self.
SFV Room 200A: You want to live with your future self, thanking your present self today, looking back and saying.
SFV Room 200A: good question, jolly good job.
SFV Room 200A: Okay. So don’t run away from these judges that you perceive are difficult or demanding.
SFV Room 200A: This is the way you took with Judge Schrossner. How was she? It was awesome, but it was awesome. Yeah.
SFV Room 200A: Would you take anybody else?
SFV Room 200A: No, just don’t talk.
SFV Room 200A: Doherty. No, not yet. Family law. Oh, point is porous. I cannot say her name. That’s why point is porous. Yeah, yeah. So again, don’t mean to interrupt. Thank you so much. And if any of you.
SFV Room 200A: this class is too big, our other sessions are empty.
SFV Room 200A: Okay, he speaks to his popularity, and I get that. You are more than welcome to transfer
SFV Room 200A: to others. We have 3 other sections going. This is the 4th section. So if you want to be in a smaller classroom, there are benefits to being a smaller classroom.
SFV Room 200A: There’s more personal attention.
SFV Room 200A: Okay? And that’s a good thing.
SFV Room 200A: So thank you. Welcome and enjoy and thank you for your times. Okay, have a good evening. It was nice having you so much.
SFV Room 200A: Okay, that’s Associate Dean.
SFV Room 200A: Don’t transfer out of my class. I will give you a personal attention. I want everybody here. It’s all to you.
SFV Room 200A: But I will transfer our classroom from this one disaster to
SFV Room 200A: classroom. So I’m demanding it. Okay, we are always there. By the way, this is just because I think there’s technical difficulties with microphones and stuff.
SFV Room 200A: But, as I said before, truthfully, my class has never been more than I think, 44, or 43. This is, this is like, I was like, Oh, my God! And he’s like, Oh, there’s 10 people in class. I’m like, 10. Okay, I come in. I see 1,000 1,000 or 10.
SFV Room 200A: Which one is it? Okay? So we’re talking about. It’s 8, 26. I am, by the way. Usually, I end class at about
SFV Room 200A: 9, 15 or so.
SFV Room 200A: Okay, usually it depends. Sometimes I may go all the way to 9 30, sometimes a little early, sometimes a little late, and the way I gauge is by looking at you. If I see half of the classes sleeping. Honestly, I let you go because there’s no point.
SFV Room 200A: You won’t learn anything. You just will resent the class right? So I just gauge by students. I’ve been doing it for 28 years. I’ve been doing for almost 11 years, so I see people are just about to pass out. I may just call it the day or call it night. Okay? So we talked about all the promises independent. But now let’s talk about all the promises. Apportionable
SFV Room 200A: right apportion all the promise so severability was, if they were independent and apportionable. So now we are talking about apportionable. All the promises apportionable promises are apportionable as long as
SFV Room 200A: they can be allocated, promise to us
SFV Room 200A: it can be allocated. Promise to prox. Let me give you an example of an apportionable quant you hired.
Yessenia Soria: Can you repeat the last.
SFV Room 200A: Yes, please.
Yessenia Soria: Of the sentence. Thank you.
SFV Room 200A: Promises apportionable, I said. Promises are apportionable as long as
SFV Room 200A: they can be allocated. Promise to promise.
SFV Room 200A: and I was just about to give an example of that, so we can understand.
SFV Room 200A: You hire me as your gardener.
SFV Room 200A: By the way, before we go, move forward. I want to tell you something. You will find out that in all sections of contracts
SFV Room 200A: the professors will slow down a lot in the beginning.
SFV Room 200A: So, for example, you may find us in the 3rd session.
SFV Room 200A: bidding a case law from the 1st session, and you may say, Holy crap.
SFV Room 200A: Katie! So behind, I promise you one thing, I’m always ahead of every other professor.
SFV Room 200A: But that is not necessarily a good thing.
SFV Room 200A: Slowing down is a lot better than going fast.
SFV Room 200A: We do that for a reason, because we know that in the beginning the language is new and
SFV Room 200A: right. Going too fast through. I can easily go through all the case law in half an hour and say, Okay, bye, bye.
SFV Room 200A: my niece graduated from Columbia Law School.
SFV Room 200A: It’s the second biggest law school in the country, as far as fame, and whatever you know, they hire you second year give you $400,000 to join the firm.
SFV Room 200A: I told. I asked her. I said, Okay, Taro. So what do they teach in, for example, contracts?
SFV Room 200A: She said. Oh, well, do you really want to know how it goes? I said, Yeah, I want to know. What do they teach? She goes nothing.
SFV Room 200A: So what do you mean?
SFV Room 200A: She goes. Oh, the professor comes in and says, This is my friend.
SFV Room 200A: Professor so and so, or lawyer so and so. She’s joining me in class tonight.
SFV Room 200A: There’s no night classes. By the way, in Colombia it’s all daytime.
SFV Room 200A: So if you’re working, you’re screwed.
SFV Room 200A: they just chit chat about a couple of cases, and then she goes. Do you have any questions? She doesn’t go over the book. There’s no black letter law, there’s nothing, nothing
SFV Room 200A: you have to do. You have to have done all the work, and if you ask a question it better not be a dumb question, meaning you have to memorize the damn book before you open your mouth.
SFV Room 200A: And I said, That’s it. Like you teach nothing in class.
SFV Room 200A: That’s almost every class that’s Columbia.
SFV Room 200A: It’s not bad. It’s just a different way of teaching.
SFV Room 200A: And we don’t do that here, fortunately.
SFV Room 200A: But okay, so I was giving an example of promises being apportionable.
SFV Room 200A: Let’s say you hire me as your partner, and you say I would give you. I want to hire you for the next year.
SFV Room 200A: From now. August 4th to August 4, th 2026. I will give you $50 a month
SFV Room 200A: to mow my lawn people. Okay, I accept.
SFV Room 200A: It sounds like we have one contract, right? That runs from August 4, th 2025 to August 4, th 2026,
SFV Room 200A: right. Please mute yourself on zoom, whoever you are.
Yessenia Soria: Okay.
SFV Room 200A: Forgot to talk about that.
SFV Room 200A: By the way, I’ve heard the funniest things on zoom like people don’t mute, and they’re like it’s
SFV Room 200A: and you get to hear it, and it’s on tape. So just warning. If you know, whatever it is you’re doing shouldn’t be done on zoom
SFV Room 200A: If I was going to allocate promise to promise, I would suspect that most of you would agree with me that I can say $50 a month.
SFV Room 200A: That’s 12 separate deals in one contract. Yeah, 12 separate promises, one. Promise.
SFV Room 200A: $50 for August, $50 for September, $50 for October, November, and so on. You get it.
SFV Room 200A: Those are a. This is an apportionable contract.
SFV Room 200A: even though it’s 1 contract, you can apportion them separate. Right? Promise for promise.
SFV Room 200A: Cleared.
SFV Room 200A: Yes.
SFV Room 200A: Okay. Any questions.
SFV Room 200A: Again, if the promises are not separable.
SFV Room 200A: then we literally, on our example, say, then, then, the court will apply the predominant purpose rule
SFV Room 200A: evidenced by what times? Very good.
SFV Room 200A: The intent of the products.
SFV Room 200A: It’s always intent, nothing else.
SFV Room 200A: It’s always intent of the product to figure out what is the predominant purpose of the contract.
SFV Room 200A: Okay?
SFV Room 200A: So let me give another example and ask you to tell me this is severable.
SFV Room 200A: The sale of a you hire a a famous painter to paint your portrait.
SFV Room 200A: What is the predominant purpose of this contract?
Frantz Biamby: To paint the portrait.
SFV Room 200A: Service, the service, the service because he’s a famous painter, or is it the end? Result? The portrait?
SFV Room 200A: Do you want the service without the end? Result?
Frantz Biamby: No.
SFV Room 200A: Do you want the end result without this famous painter? No.
SFV Room 200A: So then how do we decide what the hell was my intent?
SFV Room 200A: You see, the answer is not so easy.
SFV Room 200A: Is it not so easy?
SFV Room 200A: Yeah, I want Picasso to ping me. I mean, this is not going to change anyway. But you know. But you get my point right. I don’t want just any schmo
SFV Room 200A: right?
SFV Room 200A: I hired a photographer to take photographs of my daughter’s 4th birthday this last last week.
SFV Room 200A: Yes, I wanted the end result right, because I’ve seen his work.
SFV Room 200A: But of course I wanted him.
SFV Room 200A: I didn’t want him to just send anybody else and give me whatever result I wanted him. So what the hell is the predominant purpose of that contract? Is it his service, or is it the photos?
SFV Room 200A: Or is it both? It could be both could be both.
SFV Room 200A: you see. But my point is, this is where lawyering comes from. This is where creativity comes from.
SFV Room 200A: So in the end, if if they keep analyzing a case like this, will there?
SFV Room 200A: Something has to come out as predominant? Yeah.
SFV Room 200A: So the court will look to the intent of the parties, both parties
SFV Room 200A: here, most likely the buyer or the purchaser, or you know, the end user me, did I want Picasso. Was that the predominant purpose? So should we apply common law? Or are we going to apply? Ucc. Because, hey, if there’s no portrait, then what do I care that he’s so good?
SFV Room 200A: I don’t give them.
SFV Room 200A: He’s good for himself.
SFV Room 200A: Get it?
SFV Room 200A: It’s not an easy answer, is it? So, then, is the intent written on a contract. My intention is, Xyz, that possible? That definitely would help if it’s expressed. But a lot of times we both know it’s not expressed right? We don’t. We don’t usually say my intent is for you to give me a yeah. I want you to, you know, paint a portrait of me.
SFV Room 200A: because because you believe in this guy, you you know that the end result should be good.
SFV Room 200A: right? But if it’s not there, then the intent of the parties is what by conduct, by custom, by by so many things, that the court will try to find out. What was it that you wanted?
SFV Room 200A: Right. I would suspect that if it’s a portrait at the end is probably the portrait, because without it
SFV Room 200A: I don’t want the service. I want the portrait. Yes, ma’am, when we’re looking at predominant purpose test majority of the payment going, for for example, in the contract. In this case, if it’s because of for example painting it. It’s $100,000, and if I don’t know if it’s go hard painting it, it’s $10,000 can, in my analysis. Can I use that? Just because, like the payment, because only because he’s the one taking his time to come and do it. He’s charging
SFV Room 200A: a lot more than an average painter. Okay, so forgive me for yes, you can. That’s the short answer, and you should. But let me give a longer answer, because.
SFV Room 200A: Dean Zan just said that we produce. We introduce theories to all of you.
SFV Room 200A: I have been practicing for 27 years. If you ever, if if honestly, if you’re here because you heard my name. And you’re like, Okay, I want this guy, and not because Monday night is is convenient.
SFV Room 200A: By the way, if you ever disclose a Nfl score. I will kill you.
SFV Room 200A: and I’ll use the sheriff to do it when the Nfl. Season starts. I don’t want to hear any scores from anybody. Please, please don’t do that, please. You’re going to watch the game when you make it home. Yes, when I go home I watch the game, even if it’s 3 Am. I will kill myself and watch everything. How do you avoid? I record them on.
SFV Room 200A: How do you avoid like finding out the score from like social media. No, no, I don’t. I don’t look at anything. I just straight home, you know everybody’s sleep, I’m like, let’s go.
SFV Room 200A: you know. So please, Monday nights don’t don’t disclose the football scores. I love you. But let me give you a a longer answer, if I may. Yeah, 4 years
SFV Room 200A: separate and apart from the theory that we we introduced, you will find out that soon enough
SFV Room 200A: that I share a lot of life stories, mistakes
SFV Room 200A: things not to do to get like I said. Don’t use chat. Gpd, because I know people had been kicked out of law school, Southwestern, for example, I already know. So I’m telling you. Don’t do it. I don’t want to say you’re stupid if you do it, because that would be disrespectful to all of your adults. I’m just telling you. We will know.
SFV Room 200A: and if we find out we have no choice. We have to get rid of you.
SFV Room 200A: We have. It’s like the State Bar rule. You just said
SFV Room 200A: your face is not there. I don’t have a choice. I can either give the finger to the State bar, or, mark you, absent, I have to mark you, absent.
SFV Room 200A: I care that you don’t smoke a hookah in front of me on, on, but if your face is not there. I really don’t give a damn. I don’t care, because you know what. If you’re not there, you’re the one that is not going to pass the course. I don’t care. I’m doing my job.
SFV Room 200A: You’re doing your job sitting here.
SFV Room 200A: Okay? So a lot of license life experiences. I’m gonna share a lot of practice stuff I’m gonna share. And I know.
SFV Room 200A: Years ago, 7, 8 years ago, there was a lady in my class and said, Oh, my God, you’re wasting our time. Everybody in the class attacked her so bad that she moved out of class, just went to another section, and then she was for some reason she was kicked out of law school a year later. But if I’m wasting your time, just let me know.
SFV Room 200A: but I will, if I share something with you, because I know that one day you may make that mistake. I want to make sure you don’t
SFV Room 200A: right. I’ve represented judges. You can ask. I’ve represented lawyers. I’ve represented doctors. I’ve represented sheriff deputies. I’ve represented lapd guys a lot many.
SFV Room 200A: So we learn from everybody’s mistakes.
SFV Room 200A: especially as lawyers, right? We just sometimes we just make mistakes. The biggest mistake is to represent your family member. You’re an idiot if you do that because I’m an idiot. Right now I’m representing a couple of family members. How stupid of me! And I never learned I never worse.
SFV Room 200A: And you know who are the worst witnesses lawyers
SFV Room 200A: ask anybody the absolute worst witnesses, they tell me. Cops, I’m like, no, cops are not. Cops are far, far better than
SFV Room 200A: than lawyers. Lawyers are just. Oh, my God! Horror witnesses! Every time I represent a lawyer, I have to say, Shut up! Shut the hell up! I don’t want to hear from you. I certainly don’t want the judge to hear from you. You can’t even say, Hi, your honor, I’ll kill you. Shut the hell up. Just stand here and leave.
SFV Room 200A: It’s that bad. They’re just. They can’t shut their mouth.
SFV Room 200A: Okay, I am not gonna go through the rest of this lecture because I think it’s too confusing.
SFV Room 200A: But
SFV Room 200A: Suffice to say that. Let’s give you a big picture of the 1st semester 5 month
SFV Room 200A: in case you don’t have it.
SFV Room 200A: I always believed in the big picture. I called it the Sky View. For myself.
SFV Room 200A: like I literally wanted to get a complete view of the entire, you know. Sort of like your job right. If you if you want to raid a place or something right, you probably figure out where the doors are and everything right. Isn’t that helpful. So God forbid you get shot.
SFV Room 200A: But you want a plan of action to get in and get out.
SFV Room 200A: It’s literally the same thing in law school for every class that you have.
SFV Room 200A: You want to get a a
SFV Room 200A: sky view or a a big picture of what you are supposed to know.
SFV Room 200A: And in this class in the 1st semester.
SFV Room 200A: he will do exactly the following, we will go over
SFV Room 200A: what is a contract which we will go over in the casebook.
SFV Room 200A: We’ll see examples of contracts, examples of agreements that are unenforceable for a variety of reasons, like a case that you may have read where the husband and the wife enter into an agreement that the court says, I’m not going to enforce. No.
SFV Room 200A: so we will distinguish also we have to know what is a contract, what is not? What is an enforceable contract?
SFV Room 200A: What is not? What the hell is an offer?
SFV Room 200A: What is not an offer?
SFV Room 200A: What could be an offer?
SFV Room 200A: Right.
SFV Room 200A: That’s where you come in. You have to explain all this to me at the end of the semester.
SFV Room 200A: before an offer can be accepted by the
SFV Room 200A: person or the designated individual that can what we call has the power to accept. I offer my book to you
SFV Room 200A: for $50.
SFV Room 200A: Can you say I accept no cause. I didn’t offer it to you. You’re not
SFV Room 200A: right. The person that I designated, or I chose to accept. If I say I offer this for the 1st to the 1st person in class that would pay me 50 bucks. Whoever pays me 50 bucks, not the person that says I’ll pay you.
SFV Room 200A: I didn’t say if you promised me, I said, if you pay me
SFV Room 200A: so the 1st person that pays me gets the book, get it.
Frantz Biamby: So, Professor, I had a question
Frantz Biamby: just to get this right. So for the person that’s accepting the offer.
Frantz Biamby: if you don’t specify like the.
SFV Room 200A: Offering is, it’s called the offering
SFV Room 200A: the offeree. Okay? So the offeree
Frantz Biamby: Like the example you gave like. I’m offering to sell this book.
Frantz Biamby: And the 1st person that responds they’re not an offeree.
Frantz Biamby: Is that correct?
SFV Room 200A: That’s what I’m gonna that’s what I’m gonna cover. So let me just give you the big picture, and then we’re gonna dive into it.
SFV Room 200A: So we will learn what is an offer, what is not an offer right? And we will find out before the offeree the person that I designated to that has the power of acceptance.
SFV Room 200A: can accept my offer. What happens to the offer?
SFV Room 200A: Did the offer die?
SFV Room 200A: Was the offer still valid?
SFV Room 200A: Because what happens if I make the offer, and I die before you accept
SFV Room 200A: what happens if I make the offer, and I totally become incapacitated before you accept
SFV Room 200A: what happens. If I make the offer, and before you accept, I say, you know what I changed my mind.
SFV Room 200A: Had I communicated to you what happens then?
SFV Room 200A: That’s what we need to learn. I’m just giving the big picture right now. Right? So we want to know what is an offer. What is not an offer? Is the offer still valid
SFV Room 200A: at the time of the purported acceptance.
SFV Room 200A: How can you accept? Who can accept?
SFV Room 200A: How can you accept? Extremely important?
SFV Room 200A: What types of of acceptances do we have?
SFV Room 200A: And then we get into consideration. Consideration is really not that difficult? We get into consideration substitutes that which is the glue. In my opinion. Consideration is the glue that glues the offer to the acceptance.
SFV Room 200A: It’s that this for that. It’s something that we exchange between each other. It could be just mutual promises.
SFV Room 200A: And then we get into conformation defenses because we have defenses at the end of second semester. Also.
SFV Room 200A: Well, here we’re talking about formation defenses like, for example.
SFV Room 200A: what if you entered into a contract with a 12 year 12 year old?
SFV Room 200A: Does he or she have a capacity to enter into a contract with you.
SFV Room 200A: To what extent is that contract enforceable?
SFV Room 200A: What is the contract for? Some of those contracts are enforceable, and most are not
SFV Room 200A: so. We will get into formation defenses. That’s pretty much what you’re going to be tested on at the end of the semester. This is the big picture.
SFV Room 200A: Okay?
SFV Room 200A: Unless there are questions I want to start with offer, and I’m going to skip portion of my
SFV Room 200A: lecture, and I’ll leave it for maybe next week or the week after that, because I think it’s not at the right time to talk about it. Is, are there any questions before I talk about offers?
SFV Room 200A: And again tonight we’re going slow, so don’t be surprised if I go over pretty much the same thing next week.
SFV Room 200A: An offer. And now this is going to answer your question about the the who has the power to accept.
SFV Room 200A: Here’s the definition of an offer.
SFV Room 200A: An offer is an intent to be bound.
SFV Room 200A: An offer is an intent to be bound by certain definite terms
SFV Room 200A: which are communicated to the offering.
SFV Room 200A: An offer is an intent to be bound by certain definite terms
SFV Room 200A: which are communicated to the offer.
SFV Room 200A: When Dean Zant was in here, Professor Zand was in the room. I said something like I said something like
SFV Room 200A: You will learn to read differently for the rest of your life.
SFV Room 200A: Remember that that is so true.
SFV Room 200A: When you become a lawyer, even if you don’t become a lawyer, you finish law school. It totally and completely will change the way you read. I think cops have that ability
SFV Room 200A: because of the nature of the work.
SFV Room 200A: right to to read a little critically and listen critically. And, you know, like the idiot client of mine that opened his mouth too much. They, freaking, listened so good it was too good, which was very bad.
SFV Room 200A: and you know I can’t wait for him to be released, so I can smack him over the head and say, I just talked to you for 45 min. Asshole everything you told me was a lie.
SFV Room 200A: Everything you told them is far different from what you told me, Punk.
SFV Room 200A: and I told him, if you do that, that’s gonna harm you. I’m going home.
SFV Room 200A: I’m going home. You want to get out. So tell the truth. And still that bullshit mostly.
SFV Room 200A: Okay. So the reason I say that is because when I say an offer is an intent to be bound by certain definite terms
SFV Room 200A: which are communicated to the offering. Every single word is a legal definition.
SFV Room 200A: Honestly, every single word bound, intent. We talked about intent right. It’s objective in objectively tested or examined.
SFV Room 200A: bound by certain definite terms. We want to find out what the hell is, certain definite terms. It’s not what you may think it’s what the law says. It is
SFV Room 200A: right which are communicative.
SFV Room 200A: so it’s not just the intent for me to buy the car, but literally to communicate it to the dealer.
SFV Room 200A: But I wanna buy your car
SFV Room 200A: and I want to buy, buy, buy, buy it for X dollar amount certain definite terms, right?
SFV Room 200A: And who the hell is the offering the dealer? So it has to be communicated to the dealer, not to my friend, hey? I want to pay a hundred 1,000 for this car.
SFV Room 200A: and then I sued the dealership for not selling it to me. You never told me anything
SFV Room 200A: we didn’t know. You want to buy the car you should have communicated.
SFV Room 200A: So
SFV Room 200A: when we wanna find out who the offeree is, we want to find out what the intent of the offer, or, by the way, the offer is the person who makes the offer.
SFV Room 200A: The offeree is the person or the entity who receives the offer offer more of a reach
SFV Room 200A: right offer or makes the offer. The offeree receives the offer, not accepts the offer. If you say that
SFV Room 200A: they’re gonna do it in the parking lot.
SFV Room 200A: Yes, what they call the offeror, the master of the offer. Yes, the offeror is the master of the offer. We’ll we’ll get to all of that. Yes.
SFV Room 200A: so
SFV Room 200A: the intent is judged by the objective standards of contract. And I I basically called it the objective theory of contracts.
SFV Room 200A: In other words, the court will not get into your head. They look to see. What did you manifest
SFV Room 200A: certain definite terms under common law?
SFV Room 200A: Certain definite terms are material terms
SFV Room 200A: under common law. Certain definite terms are material terms.
SFV Room 200A: What are material terms? You see, it never ends. So
SFV Room 200A: I know I’m sorry. That’s why. Sometimes I let the class go early because I see that they’re like my brain, my brain
SFV Room 200A: under funnel law certain definite terms are called material terms. Material terms are those terms necessary
SFV Room 200A: material terms under common law? Are those terms necessary
SFV Room 200A: for a court to determine if there was a breach
SFV Room 200A: for the court to determine if there was a breach.
SFV Room 200A: and if there was a breach
SFV Room 200A: to create a remedy, I will repeat.
SFV Room 200A: under the common law, certain definite terms are called material terms.
SFV Room 200A: What is material enough terms for the court to find out. Was there, in fact, a breach?
SFV Room 200A: And if there was a breach.
SFV Room 200A: could I give you a remedy that would be material terms.
SFV Room 200A: right? And usually it. It’s identification of the subject matter. For example, I’m buying Black Acre.
SFV Room 200A: If you don’t know what Black Acre is, you will know soon.
SFV Room 200A: Right? And I am buying it. You’re selling it. So the identity of the individuals buying and selling, the purchase price, etc. Etc. The material terms, the important where the court can say, oh, yeah, you didn’t sell the black acre to Michael. So you you breached, and therefore I’m going to force you to sell them. So you know, specific performance. I’m going to order you to turn over the deed to Mr. Kate or go to jail.
SFV Room 200A: Right?
SFV Room 200A: We’ll talk about specific performance. Next, semester
SFV Room 200A: material terms are certain definite terms or material terms under the Ucc. They are those terms that are
SFV Room 200A: necessary for the court to determine if there was a breach, and if there was a breach to create a remedy, are we clear
SFV Room 200A: now what are certain definite terms under Ucc
SFV Room 200A: under the commercial uniform commercial code quantity. That’s it.
SFV Room 200A: I’m not gonna go over the Gap fillers right now, because I really don’t. I want anybody to blow a fuse and definitely transfer on my class. If you do, that’s fine
SFV Room 200A: at Warcraft, but.
Frantz Biamby: Sorry, Professor, to interrupt you said the only thing under the Ucc. Was what.
SFV Room 200A: Quantity.
Frantz Biamby: Quantity. Okay.
SFV Room 200A: Yes, there are. So let me explain. The only thing that the Ucc requires
SFV Room 200A: is quantity and intent, but you can just say quantity that would be good enough.
SFV Room 200A: The only certain terms that the court needs is what? Why? Because the Ucc has a provision called gap fillers.
SFV Room 200A: It fills everything else.
SFV Room 200A: Price. We don’t have the purchase price. No problem. We’ll find the price right.
SFV Room 200A: We don’t have the time of delivery. No problem. We have a Gap filler for that. You don’t have the location of delivery. No problem. We got that, too. It’s all covered by gap fillers.
SFV Room 200A: payment time of payment. No problem. We got that covered right. So
SFV Room 200A: gap fillers will basically fill in. And we’re gonna talk about that. Next week
SFV Room 200A: gapfulness will fill in all of the rest of the material terms. The only thing that is absolutely required
SFV Room 200A: is quantity, because if we talk about purchase and sale of a laptop of laptops.
SFV Room 200A: right and I sue you in court. So, your honor, he didn’t sell me the laptops.
SFV Room 200A: and the judge says, Okay, I want to enforce the contract. How many laptops are we talking about?
SFV Room 200A: I don’t know, your honor, we didn’t talk about.
SFV Room 200A: So you’re talking about 2 laptops or 2,000 laptops or 2 million laptops.
SFV Room 200A: It’s an unenforceable contract. How the hell am I going to do that right? It’s a 1 thing that we can’t substitute
SFV Room 200A: like gap fillers, his quantity, everything else. As I said, no problem, we can find out.
SFV Room 200A: We can find out what the real value of this market value of this computer was at the time of sale
SFV Room 200A: right at the time of delivery, for example.
SFV Room 200A: And yeah, okay, there you go.
SFV Room 200A: Anybody has a question. Somebody had a question on zoom.
Adreanne Kumamoto: Yes, Professor, so what if the person decides that? You know, after you guys sign the contract that they no longer want to sell you. The laptops say you’ve made the payment, and they give you the money back. They give the money back.
SFV Room 200A: Yes, that’s thank you. That’s a good question. We’re gonna cover that next semester
SFV Room 200A: you would have to hang out for about a year. That literally is breach. That’s breach. We we teach that second semester. Okay? So I think what you’re referring to is if we enter into a valid agreement valid, enforceable agreement, and I breach it. I just say I’m not going to sell
SFV Room 200A: right then you get to Sue.
SFV Room 200A: and the question is, what can you sue for how can you sue for what and how much are you going to get
SFV Room 200A: all of that is covered in this semester? We cover formation.
SFV Room 200A: How to form a contract, and whether you have an enforceable contract
SFV Room 200A: that is not subject to defenses.
SFV Room 200A: Right?
SFV Room 200A: Net sinister will find out if this contract that we have now can we enforce it?
SFV Room 200A: That’s why, if you look here, the 1st subject for the second semester. Finally, these idiots. Sorry, Mr. Alamari.
SFV Room 200A: They finally got it. I swear to God. If you look at the 7th edition, you will see that statue of frauds
SFV Room 200A: which is supposed to be the 1st thing you teach. The second semester was in the middle of the semester.
SFV Room 200A: made absolutely no sense. I always complained about it.
SFV Room 200A: but I had to teach it with everybody else, because if you sit from you go from my class, somebody else’s class. I didn’t want you to be lost, otherwise I would just
SFV Room 200A: make an executive decision, but they fixed it
SFV Room 200A: in this book. So next semester we will cover reach
SFV Room 200A: pretty much at the end of the semester. Actually.
SFV Room 200A: because there’s a beautiful subject that you will kill all of you.
SFV Room 200A: and you will blow a fuse when we get to the laws of conditions. That’s next semester. Thank God.
SFV Room 200A: yeah, nobody likes that. Sorry. So. But you have to do it. That book is good for this. This is the entire. This is the entire year. Yeah, this is the entire year. Absolutely. Yeah. If you look at your syllabus, this really covers half the book.
SFV Room 200A: and the other half is for the next semester. Some law schools like Columbia Law School. I told you they teach this in one semester. All of it. All of it is one semester. Yeah, boards, one semester. It’s not 2 semesters, one.
SFV Room 200A: Yeah.
SFV Room 200A: So, Jesus, any questions.
SFV Room 200A: And I mean any questions, whether it’s about the subject or anything else hopefully related to law school, cool
SFV Room 200A: estoppel in this class or promissory estoppel is going to be covered in this semester.
SFV Room 200A: Absolutely. Yes, which is what I somebody mentioned to me. Oh, I think it was like I was mentioning.
SFV Room 200A: Sometimes you don’t have a contract, but you can still enforce it regardless, and we’ll find out. Promise your stop. Okay, yes, contracts is what kind of court like, let’s say the the real estate is on or like unlawful detainers. Type of thing. What’s contract court like contract is honestly, every single civil case that you can think of
SFV Room 200A: it involves contracts, including pi. So you could take contract into any any absolutely you you want to enter into. Let’s say that you’re talking to your Pi lawyer, and you speak to the adjuster adjuster says I’m going to give you $250,000 for your case.
SFV Room 200A: and you go. Great! I got it. Thank you. I’m not going to follow a lawsuit, even though the statute of limitation is about to blow next week. I’m lazy. You just gave me $250,000. I won’t do it.
SFV Room 200A: You don’t do it. And then, next thing you know, the adjuster says, Oops, my boss said, I can’t pay you. I won’t pay you. I said it, but you can’t enforce it. Good luck. Then you follow the law, so it’s too late. You blew the statute. Now. You better have a beautiful malpractice insurance to pay the client $250,000 minus attorney fees. You get my point. Everything has to do with contract pretty much, including criminal law.
SFV Room 200A: Because you you as a lawyer, you want to know what the hell is enforceable, what is not enforceable real estate
SFV Room 200A: right? If something comes out of the guy’s mouth, can I enforce this or not
SFV Room 200A: very important. I think. I think contracts law is significant. So is Torts. Yes, I was going to ask you when you mentioned criminal right? You make a plea deal. Then the defendant will take the deal, and let’s say the D backs out.
SFV Room 200A: How do you enforce that like? Is there? Because there’s nothing in written. It’s all right. Well, a lot of it. To be honest with you, if you want to know a lot of that is is
SFV Room 200A: just being a sport.
SFV Room 200A: you know, like, when I talk to the da and this, this is not just me, everybody and the Da says, Okay, I will keep my offer open for a week, and I literally say, Can you please write that on your jacket like the file? And she flips the page and says, okay, here you go, or sometimes she gets she gives it to me in writing like on a post. Here you go
SFV Room 200A: right and rarely do da say screw you.
SFV Room 200A: That’s why I was so upset today. Because when when her boss says I’m good with this, I’m okay with this, go tell him
SFV Room 200A: I’m like I go, down she goes. No!
SFV Room 200A: Who the hell are you? He’s the boss, and I literally had to say it in front of the judge, but I didn’t want to discredit her, and because you don’t want to make enemies in this is this is small
SFV Room 200A: criminal lawyers and and prosecutors. They know each other. You don’t want to make an ass out of somebody right, and I don’t want her to do it to me. So I was respectful. But I said, but, your honor, here’s the case. Law! Let me read from it. Boom, boom!
SFV Room 200A: I just took that up to Mr. So and so, and he said, Yes, this is good.
SFV Room 200A: And now she’s had. She has a different position. I just I don’t get it. Who’s in charge.
SFV Room 200A: And you’re just. I’m just gonna do or just go.
SFV Room 200A: So the answer to your question is, yeah, they can back out. And a lot of times, if they’re honest, they’ll tell you.
SFV Room 200A: They’ll say this is not open next week.
SFV Room 200A: Take it now.
SFV Room 200A: Otherwise.
SFV Room 200A: Hi! Sometimes they do that.
SFV Room 200A: Sometimes they do that.
SFV Room 200A: I had a client that blew 2.2 1
SFV Room 200A: I got I got an exhibition of speed, not even a dry, reckless, not a wet, reckless. I got exhibition of speed. I’m not joking
SFV Room 200A: in Metro, but the da told me you have 2 weeks to come and take the deal. I said. You got it. I’ll be here tomorrow. I brought the client the next day. I was so afraid
SFV Room 200A: exhibition of speed
SFV Room 200A: must have been an lapd case. It was. It was. It was a chp case. My client
SFV Room 200A: truthfully, was calling her dad because he was about to commit suicide.
SFV Room 200A: and he had attempted suicide before.
SFV Room 200A: and minutes before she found out, because the father called her to say goodbye. She was in a club drinking.
SFV Room 200A: She started driving to get home and get to her father.
SFV Room 200A: And there’s record of multiple calls that she made minutes before she was pulled off, and she was speeding, obviously.
SFV Room 200A: And I want to put all that in front of the Da, he said. I’m not going to prosecute her. What do you want? I said. Exhibition of CC. You got it
SFV Room 200A: done, cause I prove I he did, in fact, attempt that night. Thank God, not success.
SFV Room 200A: Yeah, he’s just mentor.
SFV Room 200A: She’s 24. Wants to go to law school, has her whole life in front of her, and this would devastate her record. And I was just like, listen, this is the truth. You guys don’t want to give it to her. Fine. We have to go to trial, but I honestly think
SFV Room 200A: I didn’t say to the judge, but I told it to the Da. I’m going to basically force the jury to go jury notification and just let it go.
SFV Room 200A: I’m going to make the jury so sorry for her that they would basically find her not guilty.
SFV Room 200A: So what do you want to do.
SFV Room 200A: And he was man enough to say I’m gonna give it to her. No problem.
SFV Room 200A: but it’s only good for such and such so many days, you know. Come and get it, I said. I’ll be here tomorrow.
SFV Room 200A: That was a gift I gave her, and then I smacked it.
SFV Room 200A: Don’t you ever drive with that much alcohol in your system, you idiot! Gonna kill yourself.
SFV Room 200A: Any questions.
SFV Room 200A: So the answer to your question is, contract is, gonna be so important
SFV Room 200A: wills and trust. I don’t even know how to spell
SFV Room 200A: wills, which is bad, because everybody asks me like people get sued, and I do civil litigation. I do, Pi. I do civil litigation. They they come to me, and I have to defend it. I have a will. I have a trust. It’s an irrevocable trust. I’m like you have to show a trust lawyer. I don’t know anything. Sorry I can’t help you.
SFV Room 200A: Property, real property law, which is very difficult, I think.
SFV Room 200A: but contracts and courts 100%. You will leave
SFV Room 200A: 1 million percent we will use.
SFV Room 200A: no matter what you practice. They’re gonna come right.
SFV Room 200A: And I don’t. I don’t make fun of getting. I think the
SFV Room 200A: I’ve seen my share of pi lawyers and some of them are vehicle workers, not kidding.
SFV Room 200A: I I represent the 2 kids that were involved in the shooting at the daycare place where the grandfather came out and shot 2 people in front of the kids.
SFV Room 200A: I have 2 of those kids that’s technically yes, the recent. I’m representing 2 of the children. Yes, that’s technically what I just got that case anybody can make a fun of pi lawyers, but that case is so important to me. I think they’re traumatized forever. I had 3 psychologists see them already, and every one of the psychologists said they’re screwed. She actually said they’re fucked.
SFV Room 200A: Oh, wow! That’s what she told me. After talking to them for about 30, 30, 40 min. She came out. She said, I’m sorry. 5 and 6, she said. What did she say? What did you say you cut off? You said you got cut off, you said, after talking to them 30, 40 min. Oh, she came out and forgive me, but she said, they’re fucked.
SFV Room 200A: that those are her words, the therapist?
SFV Room 200A: Oh, my God! How do you put a price tag on that? It’s so hard, exactly. Make fun of Thiago all day. I don’t care that if it was your child I have a 4 year old. If my child would have witnessed that, I don’t think any amount of money
SFV Room 200A: would fix that. I feel like there’s just a lot of misconception of people who are actually really injured and who are just doing it for the money. But when you deal with people who are actually injured and their life changed, you can look at it a different way. 100.
SFV Room 200A: Well, we at our office we represent. We represent a guy that was a security Guy was at the parking lot.
SFV Room 200A: My client basically falls asleep waiting for his child to come out so he can take him off from dentist. It’s a dentist parking lot.
SFV Room 200A: So here the guy comes with a flashlight, you know. Hits that car. Says, okay, Bum, get out of. Here he goes. I’m not a bum. I’m waiting for my child to come out of that. He says. I told you get out of here. He says, Sir, you don’t understand. They get into an oral argument.
SFV Room 200A: He beats the shit out of him. He almost died. I’m telling you if I show you photographs you won’t believe it.
SFV Room 200A: And unfortunately, because he went unconscious, he couldn’t identify the guy, so he’s still walking.
Frantz Biamby: But who’s not beat up, Professor.
SFV Room 200A: My client.
SFV Room 200A: He he’s basically almost crippled.
Frantz Biamby: Wow!
SFV Room 200A: Yeah.
SFV Room 200A: So that’s pi, yeah.
SFV Room 200A: I don’t want to be that person.
SFV Room 200A: Any questions here, anything at all.
SFV Room 200A: If you want to speak to me privately. I will stay around, otherwise you’re free to go
SFV Room 200A: see you next week. What time are we ready to go.
Sevada Safarian: Bye, bye.
Yessenia Soria: Thank you, Professor. Have a good night.
SFV Room 200A: Textbook.
Frantz Biamby: Professor.
Frantz Biamby: Maybe he’s not coming back.
maddykoshkaryan: I have a question for you guys.
Frantz Biamby: What’s up?
maddykoshkaryan: Is he gonna be able to do? We have any cases that we need to brief for next week? Or he didn’t mention anything.
Frantz Biamby: So the we we had to already brief cases for this class. So every on the syllabus it says every week what chapters, what pages we have to read, and we have to brief all the cases that are in that chapter that we.
maddykoshkaryan: Chapter, okay.
maddykoshkaryan: Yup.
Ruben H.: Thank you so much, Eddie. I have a question for you.
maddykoshkaryan: Yes.
Ruben H.: Do. Do you by chance have the table of contents for the cases for the 8th edition? Because mine’s the 7th edition. He do you by chance have that.
maddykoshkaryan: I think I should put the
maddykoshkaryan: Only thing is, I don’t have the book with me right now.
maddykoshkaryan: Is it okay? If I send it to you later.
Ruben H.: Yeah, of course. Do you want to just get my number? And then you could just.
maddykoshkaryan: I saw.
Ruben H.: Me, whenever.
maddykoshkaryan: No problem.
Ruben H.: Okay, do you want to write it down?
Ruben H.: 7, 4, 7.
maddykoshkaryan: Okay.
Ruben H.: 2, 5, 5, 8, 6, 4, 6.
maddykoshkaryan: 8, 6, 4, 6, alrighty.
Ruben H.: Perfect. I’d appreciate that.
Frantz Biamby: Hey, guys, does anybody have the book.
maddykoshkaryan: Yeah, I actually bought it from a
maddykoshkaryan: like, does anybody have it with them right now?
maddykoshkaryan: No, not. It’s not with me right now.
Frantz Biamby: Oh, okay.
Yessenia Soria: Don’t have it.
Frantz Biamby: Can you show it to me? Please
Frantz Biamby: wait. It’s a little blurry.
Yessenia Soria: Because of the background. Let me see if I could take the blurred ass out of it.
Frantz Biamby: Try to push it back a little bit. There you go.
Yessenia Soria: There took the blur out of it.
Frantz Biamby: So is that the 8th edition, or the 7.th
Yessenia Soria: Yeah, this is the 8.th
Frantz Biamby: Okay, and.
Yessenia Soria: I.