Broker A meets Broker B to show a house in San Diego. When driving away, Broker B runs over Broker A’s foot. Assume Broker B is legally at fault due to negligence for the harm caused because Broker B was on his phone checking on the status of his fantasy football team at the time. Broker B refused to acknowledge responsibility and drove off. Broker B also left the scene of the accident which is a state crime. Broker A has suffered substantial medical injuries totaling $50,000 in medical bills and another $10,000 in lost wages. Broker A is considering filing a lawsuit against Broker B. Where should Broker A file the lawsuit? What type of damages should Broker A include in the lawsuit and for what amount?
2. You are a Real Estate Broker in California. One day, the California Department of Real Estate makes an arbitrary rule that, “Real Estate Brokers in California can no longer use any form of advertising (commercial speech) to market their services.” This new rule would financially ruin your local real estate brokerage. What could you do about it? Where would you file a lawsuit? Who would you sue? Upon which Constitutional Amendment would you rely on to protect your rights in this situation?
For best results, please structure your essay responses in the IRAC format: 1) state the legal ISSUE(S); 2) identify the applicable RULE(S) / laws; 3) APPLY the facts at bar to those laws; and 4) state a CONCLUSION