FACTS FOR ASSIGNMENT #1: THE COMPLAINT



JAKE v. TOM: THE COMPLAINT

Tom Harris and Jake Carson had been sports and political rivals ever since high school. They competed on the same teams and were of equal physical ability. In track and swimming races, Tom would come in first in one race, Jake would come in first in the next race, and then they would tie each other for first in a third race. Either Tom or Jake had been class president each of their four years in high school. Jake had been class president of the freshman and senior classes; Tom had been class president of the sophomore and junior classes.

Their friends speculated that the rivalry would continue in college. They both attended UC Irvine in California and lived on campus. As freshmen, they pledged to two rival fraternities; Tom pledged Alphas and Jake pledged Betas. What had been friendly rivalry in high school gradually turned nasty during their years at the UCI. The Alphas pulled all sorts of pranks on the Betas and tried to discredit the Betas in the university community. The Betas did the same to the Alphas.

In the fall of their senior year at the University, Tom and Jake both decided to run for student body president. There was a lot of mudslinging during the campaign. At one point, it was rumored that Jake was gay. The rumors were traced back to the Alphas. Although no one seemed to believe the rumor, Jake and his fraternity brothers were very upset about it.

The night before the election, the candidates participated in skits at the football stadium. Everyone eagerly looked forward to the skits each year, with most of the students and faculty of Collegiate University attending. The skits were usually half serious and half in jest. On skit night, Jake's skit was the next to last and Tom’s was the last of the evening. In Jake's skit, Jake neatly poked fun at Tom and emphasized how he, Jake, was the better candidate.

Then came time for Tom's skit. The scene was Jake's doctor's office. Tom played Jake's doctor and one of the Alphas played Jake. In the skit, "Jake" walked into the doctor's office and said, "Well, doctor, now that I've completed my physical, I feel ready to engage in my duties as UCI Student Body President and lead the University to great achievements. How did my tests come out?" The doctor replied, 'Well, Jake, you should sit down. I have good news and bad news for you. The good news is that most of your tests came back negative and you should make a fine student body president. The bad news is that you tested HIV positive."

Those words were barely out of Tom's mouth when the stadium crowd gasped. A fight immediately broke out between the Alphas and Betas sitting near each other in the stands. The police were eventually called in to clear the stadium.

Although the student body president race had seemed almost even before the skits, Tom won by a two-thirds majority of the votes. Jake was so distraught by the incident that he dropped out of school before graduating and forfeited a post-graduation scholarship he had secured to attend an Ivy League school. For six months afterward, he saw a psychologist for depression. Upon his recovery, he hired your law firm to represent him.

LAW FOR COMPLAINT

The California Civil Code, Section 46, defines the cause of action for slander in the following way:

Slander is a false and unprivileged publication, orally uttered . . . . which:

1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;

2. Imputes in him the present existence of an infectious, contagious, or loathsome disease;

3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

4. Imputes to him impotence or a want of chastity; or

5. Which, by natural consequence, causes actual damage.

INSTRUCTIONS

Draft a formal complaint (not a “form” complaint) on behalf of Jake and against Tom for slander. The complaint must comply with all formatting requirements for Orange County Superior Court (footers, caption page, pleading numbers, hole punching, etc.). Do not prepare a civil case cover sheet, summons, or Alternative Dispute Resolution Packet.

Make sure your complaint satisfies all of the elements of a slander cause of action.

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