Reference no: EM133411299
Charlie Brown has filed a lawsuit against Lucy Van Pelt for $25,000. The case was filed in Los Angeles Superior Court in limited jurisdiction. Charlie has alleged that Lucy committed a civil assault by removing a football as Charlie was going to kick it. Below is photographic evidence of the incident.
The following are the elements for an Assault as stated in CACI 1301
Charlie Brown claims that Lucy Van Pelt assaulted him. To establish this claim, Charlie Brown must prove all of the following:
That Lucy Van Pelt acted, intending to cause an offensive contact;
That Charlie Brown reasonably believed that he was about to be touched in an offensive manner;
A touching is offensive if it offends a reasonable sense of personal dignity.
However, Mr. Brown's attorney wrote the complaint but failed to state any facts that alleged that Mr. Brown had any belief that he was going to be touched in an offensive manner.
Your client is Lucy Van Pelt. The attorney in charge of this case in your firm is asking you to find Points and Authorities for a General Demurrer.
You need to list three possible points including what the authority stands for and the actual primary authority.