analyze the cases in the Questions and Problems

Case 10

write an analysis of the issue based on the following criteria: Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).

Identify the facts associated with the case and fact patterns. Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).

Provide a judgment on who should win the case - be clear. Support your decision with an appropriate rule of law.

Be prepared to defend your decision and to objectively evaluate the other points of view.

0. Phillip Heller was a partner of the Pillsbury, Madison \& Sutro law firm. The relationship between Heller and the firm was not strong, as Heller's work performance was unsatisfactory. He billed 1,000 hours fewer than he had estimated that he would produce, and he did not establish strong working relationships. Heller signed the partnership agreement in 1992. The agreement authorized the Executive Committee to expel partners. After Heller submitted a derogatory and lewd article entitled "Why I Fired My Secretary," the committee met and terminated Heller's partnership. Heller challenged the authority of the committee to expel him, regardless of whether he had signed the partnership agreement. Do you think the court agreed with him? Why or why not? [Heller v. Pillsbury, Madison \& Sutro, 58 Cal. Rptr. 2d 336 (1996).]