You are presently working as a paralegal in a large law firm in San Diego, California
You are presently working as a paralegal in a large law firm in San Diego, California. Your supervising attorney, Janet Jones, has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology, but not actually related to any one, organized church.
The parents allege that Rob Jr. was tricked into attending some meetings. One night about a year ago, Rob Jr. was getting ready to return home after one of their youth meetings. The organizer of the youth retreat, Tom Marsden, allegedly made numerous excuses for keeping Rob there. It reached a pinnacle when Tom told Rob Jr., “If you leave, you will be thrown into the eternal fires of Hell, and you will not be allowed back.” Rob Jr. acquiesced and remained. The next day Tom had Rob Jr. write a letter to his parents telling them that he was planning to stay with the Church, as they were his “new” family. Rob Jr. was also told to demand money from his parents to cover his expenses.
Rob Jr. remained with the church for a period of roughly 6 months. Rob Sr. and Bunny arranged to meet with Rob Jr. to give him his money for that month, and pulled him into the car and brought him home. They had to watch him carefully for about two weeks, but he finally came out of the “brainwashing.”
They want to sue the Church for a number of things. They want to sue on their son’s behalf for the intentional torts that were inflicted on him, as well as for the torts committed against them.
Be sure to state each of the elements of each tort when explaining the rule of law and cite to the applicable case law or civil statute immediately after stating the rule of law.
Also discuss damages, any defenses that the church can raise, and whether the church is vicariously liable for the acts of Tom Marsden. Explain the rule of law regarding any these issues (and cite to your research), and provide your analysis and conclusion regarding the issues.
This assignment builds off of your assignment #2 that you submitted at the end of unit 6. Be sure to address any comments made by your instructor regarding your unit 6 paper (assignment #2). Also research California law regarding vicarious liability for this final paper. Discuss whether the church is vicariously liable for Marsden’s conduct based on your research and using IRAC.
This Final Assignment requires outside research. You need to research primary and binding authority (California case law and civil statutes). If you use a secondary source, use Restatement on Torts. Also be sure to address any comments made by your instructor regarding your Unit 6 Assignment.
Remember that this paper must be at least 8 to 10 pages in length.
Submit your Assignment to Dropbox by the end of Unit 8.
I hereby write this memo to give you an overview of the case concerning Rob and Bunny Sherman against the Church of Divine Light. They accuse this church of brainwashing their son as well as using him for other causes. The couple alleges that they have suffered damages by the Church of the Divine Light as has their son………………….