7. Bob, a citizen of California, sued Insurance Company of Texas (a company incorporated in Texas, with its headquarters in Texas) for bad faith failure to pay a claim in the United States District Court – Central District of California.  After being served with the complaint, the Insurance Company of Texas filed a motion for summary judgment arguing that Bob has no evidence to support his claims.  How should the Court rule on the motion?

Questions 26 and 27 involve the same fact pattern. Potts sues Defendant Company for injuries she suffered when Potts’s car collided with Defendant Company’s truck. Defendant Company’s general manager prepared a report regarding the circumstances of the accident (by taking a statement from the truck driver), at the request of the insurance company because the insurance company received a claim for damages from Potts’s attorney. During discovery, Potts demands that the report be produced. 26. Will production of the report be required?

List 2 benefits of physical stores and 2 benefits of E-commerce.  

Questions 9 through 11 involve the same fact pattern.  Plaintiff Peter files an action for negligence against Defendant Donald, a coworker, arising out of an automobile accident that occurred in the parking lot of the office of their employer.   9. Donald files a motion to dismiss based upon the lack of subject matter jurisdiction.  The court denies the motion.  Which of the following motions is Donald now permitted to file with the court?

15. Pam properly sues Danny in federal court for injuries she sustained in an automobile accident.  Jurisdiction is proper in the federal court based on diversity of citizenship.  Danny answers the complaint with a general denial.  Pam should now:  

Questions 18 and 19 involve the same fact pattern.  Pete owns a beachfront lot that is 300 feet long (measured from the water’s edge to the back end of the lot which is directly against a 55 feet high cliff), and 75 feet wide.  The beach itself, however, extends inland for only 25 feet.  Under state law, a party owns the beach, and can prevent others from using it.  Pete sues Diane for trespassing on his beachfront lot.  Diane denies that she trespassed.  At trial, Pete’s evidence consists of the testimony of two eyewitnesses, Will and Wilma.  Neither Will nor Wilma actually saw Diane on Pete’s land.  Will saw Diane at 8:00 p.m. on the beach of the lot immediately south of Pete’s land.  Wilma saw Diane at 8:15 p.m., standing on the beach of the lot immediately to the north of Pete’s lot.  Diane was completely dry when Wilma saw her.   18. Because no one saw Diane actually on Pete’s lot, Diane moves for judgment as a matter of law at the close of Pete’s case.  How will the court rule on Diane’s motion?

Questions 26 and 27 involve the same fact pattern.  Potts sues Defendant Company for injuries she suffered when Potts’s car collided with Defendant Company’s truck. Defendant Company’s general manager prepared a report regarding the circumstances of the accident (by taking a statement from the truck driver), at the request of the insurance company because the insurance company received a claim for damages from Potts’s attorney. During discovery, Potts demands that the report be produced.  27. Assume that after the facts stated above, Defendant Company does not produce the report.  Potts files a motion to compel production of the report.  Defendant Company does not believe Potts’s motion has any merit, so it files a motion for sanctions pursuant to Federal Rule of Civil Procedure 11, arguing that Potts’s motion to compel is not warranted by any existing law and is only being presented to harass, cause unnecessary delay, and increase the cost of litigation.  How should the court rule on Defendant Company’s motion for sanctions pursuant to Federal Rule of Civil Procedure 11?

Essay Question 1 During a recent visit to Los Angeles, John was involved in a head on collision with Susan. After a three month stay in the hospital, John was finally able to fly back to his home state of Texas. Upon his return, John retained a California attorney named Simon who filed suit on his behalf against Susan in the Federal District Court for the Central District of California. Immediately after he was retained but prior to filing the complaint, Simon sent Susan’s attorney, Anne, an email requesting that all evidence related to the accident – including the electronic data recorder that recorded Susan’s car’s speed at time of impact – be preserved. Anne called Simon in response to the email saying that she had directed Susan’s car – to include the electronic data recorder – be destroyed because it was accumulating storage fees. At some point during the litigation, Anne filed a document with the Court that bore her signature asserting that she neither received the email regarding the electronic data recorder nor did she ever respond to Simon regarding such an issue. At some point following that filing, Simon filed with the Court the email that he sent Anne along with a phone log showing a twenty-minute phone call with a number associated with Anne’s firm that began immediately after Simon’s email was sent. 1.     Assuming Simon files an FRCP Rule 11 motion, how should the Court rule? 2.     Assuming Simon files an FRCP Rule 37 motion, how should the Court rule?

Which of the following is not one of the three parts of an atom? SELECT ALL THAT APPLY

In the potato chip experiment; the independent variable were the stomach cramps; whereas the dependent variable were the chips.