Hello tutors, Who can help with these questions which are under Memorandums, please?

Memorandum One

To: Paralegal

From: Monique Wong

Re: Dezi Delacruz -- Request for research

Date: August 24, 2020

If you will recall, yesterday I asked you to work with me on a new matter. This will serve as a follow-up to our brief conversation.

Dezi Delacruz is our client. Dezi's fiance, Raheem Abbott, is a close friend of mine from high school. Raheem called me late last night. He was very distraught. Dezi was in a car accident a few weeks ago (details below), and he wants to know if there is some basis upon which they can sue the restaurant where she was drinking before the accident occurred. We will need to work together to uncover some additional facts over the next few months, but here is what I know thus far.

Dezi and Raheem recently got engaged and were hoping that the pandemic would be gone by next summer so they could celebrate with a huge family wedding at his grandparents' ranch. Dezi and Raheem met right after high school when they were both helping to coach girls' ultimate at a local high school. Raheem is taking college classes at night and considering law school while he works as a paraprofessional supporting students with disabilities at a local elementary school. Dezi was recently furloughed at her canvassing job where she registered new voters. She took the opportunity to start a small gardening business that creates sustainable, edible gardens for homeowners.

On August 14, 2020, several of Dezi's friends from canvassing, including Grace Lee, took her out for drinks to celebrate her engagement. The group shared a number of cocktails and beer. One of the bartenders who served them stated that after several visits where they were quite subdued, this time the group seemed louder and happier.

While the rest of the group left at around 10:30, Dezi and Grace stayed at the Secret Patio bar until about 12 a.m. Marshawn (Marsh) Strawberry was the bartender at the Secret Patio who served them that evening. Marsh has worked at the Secret Patio for five years and received the 2018 and 2019 annual bartender bonus for largest total tabs during the calendar year, 30% of which must be from the bar's famous artichoke dip or smoked beef tenderloin crostini. Marsh is known as a "fun" bartender, who enjoys educating patrons about craft cocktails and beers by giving them free samples and explaining how they are made. Marsh attended the

annual commission-approved TABC training via Zoom in Spring 2020 as he had every spring since he began working there.

Dezi's receipt from the evening for her portion of drinks totaled $115, which included a generous $60.00 tip, three shots, two beers, and two cocktails. Grace's tab was the same, although she tipped $30, so her total bill was $95. Her friends, Nala, Demetri, and JV, had tabs that were much less, but I do not know the exact amounts.

Dezi and Grace had carpooled to the bar because Dezi's car was in the shop. The pair wobbled to the valet stand together. Grace got into the driver's seat, and Dezi rode as a passenger. Raheem informed me that Dezi--who was 5'6" and 140 pounds--was known for slurring her words after consuming just two cocktails.

Grace drove the car from the valet stand to Baytown-East Freeway. Somewhere near Exit 782, Grace's car crashed into the embankment on the side of the freeway on the passenger side. An unknown caller reported the wreck via 911, and the police arrived within minutes. Grace was arrested at the scene. Her BAC was 0.16. Grace was shaken up but did not need medical attention. Dezi was rushed to the hospital with life-threatening

injuries and remains in critical condition.

Grace told Raheem that the crash happened when she took her eyes off the road to reach for her phone, which was ringing incessantly. She told Raheem they were "over-served" at the Secret Patio.

Raheem wants our firm to explore a civil lawsuit and monetary damages against the Secret Patio. I would like you to focus your analysis on Dezi's claim against the Secret Patio under the Texas statute that regulates bars and service of alcoholic beverages.

Memorandum Two

To: Paralegal From: Monique Wong Re: Dezi Delacruz -- Request for research Date: August 28, 2020

Thank you for your work so far on behalf of Dezi and for sending me the key statutes. These will be a big help. After listening to your voicemail, I need to clarify a few things:

You mentioned Secret Patio might be liable for over-serving Dezi as well as Grace. This is an interesting theory. Honestly, I had not thought of it. But right now, please address only whether the bar is liable for over-serving Grace. Based on my conversations with witnesses, I think this theory is stronger and more straightforward, and at this stage of the case, neither the firm nor the client is willing to pay for research into the other area.

Please don't analyze proportionate liability, comparative negligence, complicity or any similar theories. Whether Dezi was partially responsible for her own injuries could arise during settlement negotiations. But let's flesh out our client's positive case and the statutory defense first. I just learned Dezi is 25 years old.

Thanks for your good work on this, and I look forward to seeing your analysis.

Question 1:

V.T.C.A., Alcoholic Beverage Code 2.02 In this statute that applies to Delacruz's situation by searching the Table of Contents of the Texas statutes. Make sure to look for the particular provision that talks about the circumstances in which bars (not individuals) are liable for injuries resulting from their customers' drinking.

Break the statute down into elements.

V.T.C.A., Alcoholic Beverage Code 2.02 Break the statute into important elements in one word and a short explanation.

Element 1:

Element 2:

Element 3:

Element 4:

Element 5:

Element 6:

Question 2: Is this statute Tex. Alco. Bev. Code Ann. 106.14 describes a bar's affirmative defense if it is found to have overserved its customers. Break the statute down into elements in one word and a short explanation.

Tex. Alco. Bev. Code Ann. 106.14 Break the statute down into important elements.

Element 1:

Element 2:

Element 3:

Element 4:

Element 5:

Element 6: