Answers to Winter 2014
California Bar Exam Questions

The Writing Edge

Home | Q1 | Q2 | Q3 | Q5 | Q6 | PT-A | PT-B | Contact Us


 

Winter 2014 Bar Question 4

Real Property

  Question
 

Jane owned a machine shop.  It had one slightly buckled wall.  It had been built years prior to Town’s adoption of a zoning ordinance that permits office buildings and retail stores, but not manufacturing facilities.

Ira purchased the machine shop from Jane for $500,000. He gave her $50,000 in cash and a promissory note for an additional $50,000 secured by a deed of trust.  He borrowed the other $400,000 from Acme Bank (Acme), which recorded a mortgage. Acme was aware of Jane’s promissory note and deed of trust prior to the close of escrow.

Donna owns a parcel adjoining Ira’s machine shop.  She recently began excavation for construction of an office building. Ira complained to Donna that the excavation was causing the shop’s wall to buckle further, but she did nothing in response.

Shortly thereafter, Ira’s machine shop collapsed.   Ira applied to Town for a building permit to rebuild the shop, but Town refused.  He then defaulted on his obligations to Jane and Acme.

Ira has sued Donna seeking damages, and he has sued Town seeking issuance of a building permit.  Acme has filed a foreclosure suit against Ira, and Jane has demanded a proportionate share of the proceeds from any foreclosure sale.

1.  How is the court likely to rule on Ira’s claim for damages against Donna?  Discuss.

2.  How is the court likely to rule on Ira’s request that Town issue a building permit?
Discuss.

3.  How is the court likely to rule on Jane’s claim for a proportionate share of the proceeds from any foreclosure sale?  Discuss.

All questions © 2014 California State Bar Exam. All rights reserved

 

Answer

Real Property
Question 4, Winter 2014

See more video answers on The Writing Edge YouTube Channel

 
 
Answers © 2014 Vivian Dempsey, The Writing Edge™ All rights reserved.

 

Exam analysis | Home | Q1 | Q2 | Q3 | Q5 | Q6 | PT-A | PT-B | Contact Us
The Writing Edge

© 2014 Vivian Dempsey The Writing Edge™
Phone: 510-219-7795