Local Rule L.R. 16-4.1: Claims and Defenses

L.R. 16-4.1 Claims and Defenses. The Memorandum shall contain:

(a) A summary statement of the claims Plaintiff has pleaded and plans to pursue. For example:

Claim 1: Defendant A breached his contract with Plaintiff; Claim 2: Defendant A violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

(b) The elements required to establish Plaintiff's claims. The elements shall be listed separately for each claim, as found in standard jury instructions or case law. For example:

Elements Required to Establish Plaintiff's Claim for Violation of the Americans with Disabilities Act

1. Plaintiff has a disability within the meaning of the Americans with Disabilities Act; 2. Plaintiff was a qualified individual; and 3. Plaintiff's disability was a motivating factor in the decision not to hire Plaintiff.

See Ninth Circuit Manual of Model Civil Jury Instructions § 12.1C (2007).

(c) In Plaintiff's Memorandum, a brief description of the key evidence in support of each of the claims. In Defendant's Memorandum, a brief description of the key evidence in opposition to each of the claims. The evidence should be listed separately for each claim.

(d) A summary statement of the counterclaims and affirmative defenses Defendant has pleaded and plans to pursue. For example:

Counterclaim 1: Plaintiff conspired with Third Party Defendant C to violate the Sherman Antitrust Act, 15 U.S.C. § 1; Counterclaim 2: Plaintiff breached his fiduciary duty to Defendant. First Affirmative Defense: Plaintiff's claim for breach of contract is barred by the four-year statute of limitations found in Cal. Civ. Proc. Code § 337. Second Affirmative Defense: Under the doctrine of res judicata, Plaintiff's Complaint is barred by the final judgment entered in Plaintiff v. Smith, Los Angeles Superior Court Case No. 123456 (Judgment entered February 10, 1998). Third Affirmative Defense: Defendant's decision not to hire Plaintiff was justified by business necessity.

(e) The elements required to establish Defendant's counterclaims and affirmative defenses. The elements shall be listed separately for each claim, as found, for example, in standard jury instructions or case law. For example:

Elements Required to Establish Defendant's Affirmative Defense of Business Necessity

1. The criterion by which the hiring decision was made was uniformly applied; 2. The criterion by which the hiring decision was made is job-related; 3. The criterion by which the hiring decision was made is consistent with business necessity; 4. The criterion cannot be met by a person with Plaintiff's disability, even with a reasonable accommodation.

See Ninth Circuit Manual of Model Civil Jury Instructions § 12.11 (2007).

(f) In Defendant's Memorandum, a brief description of the key evidence relied on in support of each counterclaim and affirmative defense. In Plaintiff's Memorandum, a brief description of the key evidence relied on in opposition to each counterclaim and affirmative defense. The evidence should be listed separately for each element of each counterclaim and affirmative defense.

(g) Similar statements for all third parties.

(h) Identification of any anticipated evidentiary issues, together with the party's position on those issues; and

(i) Identification of any issues of law, such as the proper interpretation of a governing statute, which are germane to the case, together with the party's position on those issues.