In the following exercise, the assignment is to prepare a trial court brief. The assignment contains the memo from the supervising attorney, which includes all the available facts of the case. Complete the brief based on these facts. When preparing the heading of each assignment, use your name for the “To” line, and put “Supervising Attorney” after the “From.” Following the assignment is a reference to the applicable enacted and case law.
The first time you cite the opinion, use the citation format you are given for the opinion in the assignment.

For Example

Melia v. Dillon Cos., Inc., 18 Kan. App. 2d 5, 846 P.2d 257 (1993).

This is how you should cite this opinion the first time it is used in the memorandum. If you are using the opinion provided in Appendix A, when you quote from the opinion in the memo, use a blank line to indicate the page number from which the quotation is taken.

For Example

Melia, 18 Kan. App. 2d 5 at _______________, 846 P.2d at _______________.

Do not conduct additional research. Complete the assignment using the facts, enacted law, and case law contained in the assignment. For the purposes of the assignment, assume the cases have not been overturned or modified by subsequent court decisions.
In most instances, a simple trial court brief such as the one presented in this assignment would not include a table of contents, table of authorities,
or preliminary statement. It would be composed of a question presented, statement of the case/facts, and argument sections. For the purposes of this assignment, do not include a table of contents, table of authorities, or preliminary statement section. For the title page, use the format presented in Section VI.A of this chapter. The court is the District Court and the state is New Mexico.

Memo:

To: [Your name]
From: Supervising Attorney
Re: White v. Calkin, CV 16-388

Our client, Sage Rent-A-Car Inc., leased a vehicle to Jeffery Calkin. Mr. Calkin failed to stop at a stop sign and collided with Jane White, the plaintiff. Ms. White filed a negligence suit against both Mr. Calkin and Sage Rent-A-Car. In paragraph 36 of the complaint, plaintiff claims that Sage is required to carry insurance under the provisions of the Mandatory Financial Responsibility Act and therefore, under the act, has a duty to assume responsibility for this accident. When Sage incorporated, it filed a surety bond with the superintendent of insurance and is self insured under the act. I do not read the act to extend liability to lessors for the damages that result from the negligent use of vehicles by lessees. Therefore, I plan to file a Rule 1-012B(6) motion to dismiss for failure to state a claim. Please prepare a rough draft of a brief in support of the motion to dismiss.

Statutory Law:
NMRA 1-012B(6)—The rule provides in part, “the following defenses may at the option of the pleader be made by motion: . . .

(6) failure to state a claim upon which relief can be granted; . . ..”

New Mexico Mandatory Financial Responsibility Act (MFRA), NMSA 1978 § 66-5-201 to 66-5-239.

MFRA, NMSA 1978 § 66-5-205(A) (2013):

a. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act. . . .

MFRA, NMSA 1978 § 66-5-218 (1998):
Evidence of financial responsibility, when required under the Mandatory Financial Responsibility Act, may be given by filing:
a. evidence of a motor vehicle insurance policy;
b. a surety bond as provided in Section 66-5-225 NMSA 1978; or
c. a certificate of deposit of money as provided in Section 66-5-226 NMSA 1978.

MFRA, NMSA 1978 § 66-5-207 (1998):
The following motor vehicles are exempt from the Mandatory Financial Responsibility Act: . . .
e. a motor vehicle approved as self-insured by the superintendent of insurance pursuant to Section 66-5-207.1 NMSA 1978; . . .

Case Law: Las Lumarias of the N.M. Council v. Isengard, 92 N.M. 297, 300–301 (Ct. App. 1978). The following quote from the case is all that is needed for the assignment. “A motion to dismiss a complaint is properly granted only when it appears that the plaintiff cannot recover or be entitled to relief under any state of facts provable under the claim. . . .” Cordova v Wolfel, 120 N.M. 557, 903 P.2d 1390 (1995) (see Appendix A).