Test C - Demand Letter - Law 17 - Legal Writing

Facts of your case : Your office represents Georgina Olivier-Mata  in a case against Bank of America. The case has not been filed yet for "sexual harassment". Your employer, Attorney Tina Fey, has been negotiating for a settlement of the matter before having to file suit. Your client was sexually harassed by her supervisor John Alta Josepia. Bank of America contends that it "did not authorize" such harassment, that it was not negligent in any way, and that  Georgina did not suffer any "adverse effects". Georgina says that she advised Bank of America on a number of occasions about her supervisor's inappropriate conduct, and Bank of America failed to investigate the matter.

Your employer asks you to draft a Demand Letter.

1. Read information on Demand Letters

http://www.justice.gouv.qc.ca/English/sujets/glossaire/mise-a.htm

2. Read information on sexual harassment

http://www.cooley.com/news/alerts.aspx?id=37701720

3. Read - Burlington Industries v. Ellerth Case   and Silva v Lucky case  

Now draft a demand letter for $ 235,400 in damages, and use language from the Burlington case above to support your client's position that she did not have to suffer "any adverse effects" to be able to claim damages, and that Georgina does not have to prove that Bank of America  was negligent to claim vicarious liability against Bank of America. Also cite and use the language in the Silva v. Lucky case that Bank of America had a duty to carry out a "reasonable investigation" of their supervisor's conduct.

Information for the Demand Letter :

Date of Demand Letter: February 14, 2015

Your Client: Georgina Olivier-Mata
Your employer (supervising attorney) - Tina Fey of Fey & Fallon 

Bank of America supervisor: John Alta Josepia

Bank of America Attorney - Amy Pohler, of Pohler, Gertz, & Lambergini, Attorneys at Law, 3645 South Broadway, El Centro, CA 92243
Your law firm address: 34 Long Beach Blvd, Suite 433, Long Beach, CA  90713

Name of the case: Georgina Olivier-Mata v. Bank of America, et. al.  

Please follow the instructions carefully. Use both the Burlington case and Silva case relevant key legal words and key legal language in your demand letter, and also use the case cites in the letter.

Case Citations :

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)

Silva v. Lucky Stores, Inc., 65 Cal. App. 4th 256 (1998)

Prepare the Demand letter for your supervising Attorney, Tina Fey, and send it to the attorneys for Bank of America (i.e. Amy Pohler, of Pohler, Gertz & Lambergini)

updated: 2/23/14