Law 397: Advanced Legal Research

Name: David Achvan

Assignment 2: Using a secondary source to help draft a document.

(10 points)

Due: September 16, 2021 – turn in via CCLE by 11:59 pm

Assignment instructions:
 Please read the hypo below, and then type your answers directly into this
document and upload it to CCLE when you are done.
 You may ask for help from classmates, librarians (by emailing
lawlibrary@law.ucla.edu), or your professor (email, Slack, or office hours).
You may work together as much as you like but if you work in a group,
each student must turn in their own assignment with answers (including
research notes) written in their own words.

Hypo:
You moved out of your California apartment over a month ago, leaving your apartment in
what you considered to be spotless condition. Your landlord has not returned your $2200
security deposit. She is not returning your phone calls or emails. You believe you’re
entitled to the entire deposit back, and are ready to take legal action. [if there are factual
gaps, feel free to fill them in with something approximating your own situation, or just
make them up!]

Part One – Research Notes

Do some research using secondary sources only to help you determine the best next step
to get your deposit back (for the purposes of this assignment, do not conduct independent
searches of primary law, do not Shepardize the cases [note: but in real life, please
Shepardize!]).

Enter your research notes in the space below. Include what database you used, what
sources you consulted, what keywords you searched, etc.

Research notes [replace italic text in box with your answer]

Westlaw-> sec sources-> filter for CA-> search “rent” and deposit and "demand
letter"-> arrive at this: [Form 2:E]Letter to Landlord Demanding Return of Security
Deposit, Cal. Prac. Guide Landlord-Tenant Form 2:E

1
 Law 397: Advanced Legal Research

Part Two – Draft a Document

In the space below, draft a document to get your security deposit back. You can draft a
demand letter, or a complaint, or something else that cites at least some relevant law
found in the secondary sources. You should not have to draft your document from
scratch as you should be able to locate some forms on point that will make your drafting
process more like a fill-in-the-blank process. If you are not finding what you need, ask
for help!

Draft of your document:

RE: Return of 's Tenant Security Deposit
Dear (Landlord):
This office represents David Achvan. David Achvan entered into a Rental Agreement with
you on (date) to rent Apartment No. at (copy of Rental Agreement attached). According to
that Agreement, David Achvan deposited with you, as security, the sum of $
David Achvan vacated the apartment on (date) according to written notice David Achvan
gave you on (date) (copy of notice attached). David Achvan has not yet received the
refund of (his/her) security deposit.

California Civil Code section 1950.5 requires that a landlord return the tenant's security
deposit within three weeks after the tenant has vacated the premises, except for amounts
necessary to compensate the landlord for the tenant's default in payment to rent; to repair
damages to the premises caused by the tenant, not including ordinary wear and tear; to
clean the premises; or to restore personal property or appurtenances. Since David Achvan
left the apartment clean and in good repair, you are legally obligated to return the full
amount of (his/her) security deposit.

[ADD IF APPROPRIATE: If you claim a right to retain any portion of (Tenant's) security
deposit pursuant to California Civil Code section 1950.5, you are required to furnish David
Achvan with an itemized statement indicating the basis therefor and amount thereof, and to
return the balance of the deposit, within three weeks after David Achvan vacated the
premises.]

Failure to return the deposit will make it necessary for David Achvan to sue you for $ (the
deposit amount), whereupon the judge may award additional statutory damages of up to
twice the amount of the security deposit if it is determined you withheld the deposit, or any
portion thereof, in bad faith.

Prompt return of the deposit will make court action unnecessary. Please remit the deposit
to David Achvan care of my attention at the address shown below no later than (date).
Thank you for your anticipated cooperation.