when an attorney cites points and authorities

The term points and authorities comes from the fact that the legal discussion makes certain points followed by citations to legal authority (usually a court decision or statute) supporting each point.

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What are points and authorities in legal terms?

Points and Authorities Law and Legal Definition. Points and authorities in general refer to the important points that are discussed in a case and the authorities that are relied on. A memorandum of points and authorities is often filed along with a motion, and brief in support of the motion. Points and authorities explain why the law authorizes the judge to take the …

What is a points and authorities memorandum?

This means that every substantive factual issue raised in your points and authorities must be supported by reference to evidence attached to the pleading. Whether in federal or state court, judges demand that all relevant, substantive and material factual statements contained in your points and authorities must have evidentiary support, which is usually contained in declarations …

Are points and authority sufficient by itself to create good title?

Feb 08, 2013 · Why do attorney cites points and authorities? Wiki User. ∙ 2013-02-08 00:58:16. Study now. See answer (1) Best Answer. Copy. To tell the court what precedent decisions it must follow in deciding ...

Can I file a brief request in points and authorities?

points and authorities Points and Authorities is another term for the brief that accompanies most motions in court. [Last updated in December of 2020 by the Wex Definitions Team] wex THE LEGAL PROCESS civil procedure wex definitions

What does it mean when an attorney cites points and authorities?

Memorandum of points and authorities is a document that is filed with a court by a party to support the party's motion. The submission of a memorandum of points and authorities is usually mandatory whenever a party files a motion.

What does citing authority mean?

When you use and cite to authority, you are telling the reader that the ideas in your document are not only your own ideas and conclusions, but also that your analysis and arguments are actually supported by law, such as court opinions, statutes, regulations, or other sources (e.g. legislative history).

What are legal points?

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law.

How long can a memorandum of points and authorities be?

(d) Length of memorandum Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

What are the two main types of legal authority?

'Authority' or 'primary authority' is divided into two types, mandatory and persuasive.Jan 25, 2022

What is the meaning of legal authority?

The authorities are the people who have the power to make decisions and to make sure that laws are obeyed.

What is an example of point of law?

For example, a question of fact would be whether or not a person acted in a certain way. The point of law to be established in the event the jury finds a person acted a certain way would be the legal significance of that act, e.g., whether or not the act amounts to fraud.Feb 19, 2022

What does it mean to appeal on a point of law?

When an applicant can appeal to the county court County court appeal is the reconsideration by the court of an adverse decision made by a local authority. Such an appeal can generally only be brought on a point of law, not on the facts of the case.Mar 24, 2021

What are some examples of questions of law?

For example, in a traffic case, the question of whether the defendant was speeding would be a question of fact. Whether the speeding regulation applied to the parking lot in which the citation was issued would be a question of law.

How do you draft points and authorities?

Top tips on writing “points & authorities”• ... • ... • ... • ... • Laser printing;• Proper 12 point font;• Precise, well-written headings, titles or captions;• Numbered, lettered and bulleted lists or items;More items...

How long can the memorandum of points and authorities in support of the plaintiff's opposition to the motion for summary judgment be?

25 pagesThe Memorandum of Points and Authorities must not exceed 25 pages in length.

How do you write a legal internal memorandum?

When laying out the format for a legal memorandum, note that the following sections should be included:Heading.A statement of the legal issue.An answer to the legal issue.A statement of the facts.Discussion.Conclusion.

What are the unlawful practices of defendants?

As detailed in the above statement of facts, Defendants engage in at least the followingunfair and unlawful practices: (1) they unlawfully acquire title to property by falselyrepresenting the conveyance is necessary to put property into a “land grant” which will stopforeclosure; (2) they unlawfully demand and collect fees and rents by falsely representing thatthe land grant entitles Defendants to charge and collect rent from homeowners who remain intheir property after a land grant has been established; (3) they make untrue or misleadingstatements regarding the existence of a mechanism to transfer property from private ownership to

What is the purpose of the Business and Professions Code section 17203?

Business and Professions Code sections 17203 and 17535, in almost identical language,expressly empower the Court to issue injunctions and other orders “as may be necessary toprevent the use or employment by any person of any practice which constitutes unfaircompetition.” “An action filed by the People seeking injunctive relief . . . is fundamentally alaw enforcement action designed to protect the public . . . . ” (People v. Pacific Land ResearchCo. (1977) 20 Cal.3d 10, 17.) Once the trial court invokes its equitable jurisdiction, it is withinthe court’s broad discretion to determine the scope or type of relief that should be granted. (People ex rel. Mosk v. Nat’l Research Co. of Cal. (1962) 201 Cal.App.2d 765, 775, 779.) Suchrelief may be as “varied and diversified as the means that have been employed by the Defendantto produce the grievance complained of.” (Wickersham v. Crittenden (1892) 93 Cal. 17, 32;Roman v. Ries (1968) 259 Cal.App.2d 65, 70.)

Why is an asset freeze necessary?

First, asset forth in the declarations of victims filed concurrently with this motion, it is clear thatDefendants’ conduct is causing irreparable injury to consumers. Based on Defendants’ pastactions, it is likely that they will continue to violate the law until they are removed from aposition that allows them to do so. Imposition of an Asset Freeze and Temporary RestrainingOrder will greatly diminish Defendants’ ability to continue to prey on consumers and place themin even greater jeopardy of losing their homes.

Who is John Woodall?

John Woodall (Woodall) is a licensed real estate broker in the State of California andspecializes in short sales for homeowners trying to avoid foreclosure. (Woodall, Dec. ¶ 1; See,Declaration of John Woodall attached hereto and incorporated herein as though set forth in full.) In March 2008, Woodall heard about FLG from a Hispanic client who showed him a grant deedtransferring his property to FLG. The client had received a notice of default on the property andsigned up with the FLG program to try to save his credit rating. (Woodall, Dec. ¶ 2.)Woodall obtained contact information for FLG and Hutchings and contacted him to askabout making referrals to FLG. (Woodall, Dec. ¶ 4-5.) On March 28, 2008, Woodall metHutchings who explained the history of land grants and how the FLG land grant programworked. Hutchings told Woodall that after the land grant has been recorded, homeowners maystill receive a notice of eviction due to foreclosure. But, Hutchings added, after four years thelender can no longer collect on mortgage debt, so the homeowner owns their property free andclear. (Woodall, Dec. ¶ 6.)Hutchings described different marketing approaches FLG uses to get homeownersinterested in the land grant program. He said the sales presentation can only be given tohomeowners who have received a notice of default because federal law prohibits anyone fromtelling a homeowner not to make their mortgage payments. (Woodall, Dec. ¶ 6.) Hutchingsclaimed that the land grant program is only available for single-family-owner-occupied homesand does not work for condominiums. (Woodall, Dec. ¶ 7.)Regarding fees paid for referring homeowners who sign-up for the land grant program,Hutchings described two ways referral fees are paid. One way is to collect the fees from theLLC that contracts with the homeowner. (Woodall, Dec. ¶ 8.) The other way is to form an LLCto collect rent and pay Hutchings his share of the money from monthly rent proceeds. (Woodall,Dec. ¶ 9.)Woodall contacted the Attorney General's Office and offered to take a representative withhim to the meeting. Department of Justice Investigator Sandy Birch (Birch) was assigned to goto the meeting. Woodall and Birch agreed that Birch would attend the meeting and pose as oneof Woodall's clients who was in foreclosure. (Woodall, Dec. ¶ 10.)On April 2, 2008, Woodall and Birch attended a presentation given by Hutchings at areal estate office in Carlsbad, California. After Hutchings' presentation, Woodall askedHutchings about the grant deed his Hispanic client had shown him. He told Hutchings theproperty was not owner-occupied and asked Hutchings to deed the property back to his client. Hutchings refused, and Woodall told him he believed Hutchings program was illegal. (Woodall,Dec. ¶ 15.)

Who is William Hutchings?

California Secretary of Staterecords show William Hutchings as the agent for service and Xioake Li as the organizer of LandGrant Services, LLC. There is no statement of officers filed for this company. Since December2007, the managing members were changed to William Hutchings and Xioake Li. According toSan Diego County recorder records, Hutchings and Li were married on October 20, 2007.Shawna Landis is Hutchings's former spouse.4/ Landis is the Chief Executive Officer andPresident of Landis Business Services, Inc. a suspended California Corporation located in SanDiego, California, and she uses this business name for her activities associated with Defendants'land grant program. Landis is primarily responsible for the preparation and recording of titledocuments for Defendants. (Galeas, Dec. ¶ 7; Gordon, Dec. ¶ 10; Tramel, Dec.¶ 9-10; Williams,Dec. ¶ 8, Ex.2.) On January 22, 2007, Landis received a Notice of Default on a property sheowns in Temecula, California, and she transferred it to a purported “land grant” pursuant toDefendants' scheme. (Geoghegan, Dec. ¶ 7.) On July 16, 2007, a Notice of Trustee’s Sale was

Where is Anthony Gordon's home?

In early 2007, Anthony Gordon (Gordon) experienced financial difficulties, stoppedpaying the morgtage on his home in Moreno Valley, California and listed it for sale. (GordonDec., ¶ 3; See, Declaration of Anthony Gordon attached hereto and incorporated herein asthough set forth in full.) On March 27, 2007, a Notice of Default was filed on Gordon's home.(Gordon Dec., ¶ 7.) A friend told Gordon that Bill [William] Hutchings (Hutchings) offered afederal land grant program that he claimed stops foreclosure. (Gordon Dec., ¶ 4.) Gordon metwith Hutchings who explained that his company, Federal Land Grant Company (FLG), could putGordon's property in a land grant that would prevent Gordon's lender from being able to seize hisproperty. Hutchings said that Gordon would be the trustee of his property and could not beforced to leave it for any reason. Hutchings assured Gordon that land patents were part of theConstitution and would stand up forever. He also told Gordon there was no reason to makemortgage payments once he had a land patent. Hutchings said his program cost $10,000 andrequired that Gordon sign a contract. (Gordon Dec., ¶ 5.) Gordon took his home off the market,signed a contract with FLG, and paid Hutchings $10,000. (Gordon Dec., ¶ 6.)On May 10, 2007, Shawna Landis (Landis), one of Hutchings employees, recorded agrant deed on Gordon's property that included a copy of a land survey dated March 15, 1875, andconveyed title from Gordon back to Gordon. (Gordon Dec., ¶ 8.) On July 2, 2007, a Notice ofTrustee’s Sale was recorded on Gordon's property. Hutchings assured Gordon this was normaland not to worry. (Gordon Dec., ¶ 9.) On July 19, 2007, a trustee’s sale was held. No bids werereceived, and title was conveyed to Gordon's lender. (Gordon Dec., ¶ 10.)Gordon asked Hutchings to explain why his land grant did not prevent his home frombeing repossessed by his lender. Hutchings replied that he had encountered a similar problemwith some of his other land grants. He told Gordon that conveying the grant deed on hisproperty to a friend would correct the problem. (Gordon Dec., ¶ 11.) Based on Hutchingsinstructions, Gordon signed a grant deed transferring title from himself to Art Willemse(Willemse). On August 14, 2007, Landis recorded the grant deed. A few weeks later, Gordonreceived an eviction notice. (Gordon Dec., ¶ 13.)In December 2007, Gordon and his wife appeared for the eviction hearing. Hutchings andWillemse also attended the hearing. Gordon's wife explained that a land grant had been filed ontheir property. The judge ruled in favor of the bank and ordered Gordon to vacate his home. After the hearing, Hutchings told Gordon this was the way the hearing was supposed to go. Hutchings promised Gordon that he would appeal the eviction, but never did.