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Questions Answered by Jennie Lynn Clark
2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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2 Answers | Asked in Personal Injury for Oregon on
Q: On 03/09/2021I was injured in a car accident that I was not responsible for. Sustained injuries. Offer was $50,00.00

I sustained fractured sternum, fractured ribs, large contusion on cheek bone. No follow up due to there is nothing they could do for those types of injuries. The accident happened in Medford, Oregon.

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 29, 2022

If that is their policy limits, it is probably reasonable. However, before you accept policy limits you need permission from your own insurance company to accept. Otherwise, you will not have access to your underinsured motorist policy. If you have an Oregon policy, you likely have underinsured... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: I was in a car accidents that wasn't my fault, sustained injuries, want to know if I should settle for insurance offer

My injuries consisted of a fractured sternum, fractured ribs, and a very large contusion on my cheek

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 27, 2022

To answer this question a lot more information would be needed:

Date of Loss

Amount of Medical Bills

Unpaid medical bills that are accident-related

Future medical, if any

Liens on settlement (Your insurance companies will likely have liens)

Wages lost...
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Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I need to speak with a attorney about legalities of veterinarian laws in the state of Oregon.

Is it legal for anyone besides the person who took a dog into the vet to surrender the the rights of the dog over to the vet.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Mar 15, 2022

The answer to this question is highly contextual. Since I don't know the full context, I cannot answer the question.

If your dog was brought to the vet in an emergency sort of situation and the vet treated the dog to save the dog's life, the vet would be entitled to the...
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1 Answer | Asked in Personal Injury for Oregon on
Q: My apartment water leak for 8 months and so much mold now it has caused my partner to stay in hospital a week

So after the maintenance person not certified fixed the water leak the walls carpet and wood never got replaced my boyfriend was sent to hospital due to an infection on his foot the doc said mold had the most part to do with the infection my boyfriends foot got swollen and two of his toes got... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 16, 2021

An article on the level of proof needed here:

https://www.clarklawportland.com/other-areas-of-law/landlordtenant/mold/

You have a 1-year statute of limitations in the state of Oregon for all claims. If this is an ongoing issue, you can only go back one year under the...
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1 Answer | Asked in Car Accidents for Oregon on
Q: can a traffic ticket infraction issued at the scene of an accident not witnessed by officer be challenged or dismissed

base on the fact it is an infraction, will the courts dismiss this if challenged

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 7, 2021

Absolutely! The fact that you can challenge something does not mean you will win. However, if the cop did not witness the infraction, the state would need to produce the witness that saw the infraction to avoid a hearsay objection.

It is important to object to evidence that does not...
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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Should I contact a lawyer regarding a dog bite that has left me with over 15 stitches and glued punctures on my leg

I've never been in situation before and want to know if I should pursue the owners for my damaged leg

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2021

Depending on the circumstances and where the dog bite took place, you may or may not be able to prove liability in relation to local laws. The second issue is weather there is insurance or a deep enough pocket to pay. Most home owners and business owners have insurance. If you were attacked by... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I adopted a pregnant rescue dog recently. Does that mean I am also the legal owner of her puppies?

The rescue service is claiming that they are the legal owners of her puppies now that they are born and they plan to collect all of them and handle all adoptions including collecting fees. Our signed adoption contract states that she was pregnant at the time of adoption and does not mention the... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 5, 2021

I would review the adoption contract to see if it says anything about the puppies. If the contract says nothing about the unborn puppies and returning them, then I see no reason you should return the puppies.

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Mar 1, 2021

Assuming the driver of the vehicle that hit you was at-fault for the accident, you can sue if you find the person within the statute of limitations with enough time to get a lawsuit filed. If the incident happened in Oregon, your case must be filed or settled within 2 years.

If you have...
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2 Answers | Asked in Personal Injury for Oregon on
Q: Can I file charges against someone who used unreasonable physical force with multiple weapons.

I was cited for trespassing

Jennie Lynn Clark
Jennie Lynn Clark
answered on Feb 20, 2021

You can make a police report against someone who used unreasonable physical force with multiple weapons. If you have been a victim of a crime, it would be good to seek justice by making a police report. The police may or may not do an adequate investigation and may or may not refer it to the... Read more »

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1 Answer | Asked in Animal / Dog Law and Car Accidents for Oregon on
Q: My dog got out and was hit and brought into a vet, a rescue shelter paid for him but refuses to talk or let me pay

After I provided evidence that he was mine and even have told them I will pay for him, but they won’t give him back and refuse to talk to me or give me any information, is their anything I can do, I was paying someone who I trusted with my dog to watch him while I was out for 2 days and came back... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Feb 15, 2021

It seems odd that they would not want to receive compensation for the vet bill, since you stated you are willing to pay. The next step would be to draft a letter with supporting documentation enclosed of ownership and offering to pay the vet bill and demanding the return of the dog. If that... Read more »

3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jan 28, 2021

If you want your insurance to continue to pay for treatment, you will need to go to the insurance doctor. If you don't, they will claim you are in breach of contract and cut off treatment. However, you are right. They will likely use the insurance doctor's report as an excuse to cut... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Our neighbors dogs pulled my dog thru their poorly secured fence & killed her, what can I do to hold them liable for it?

My 14 yr old daughter was walking our small dogs by our neighbors fence and one of their Husky dogs stuck it’s head thru the slats that had poorly secured chicken wire on it and bent the wire out of the way and grabbed my dog by her head and pulled thru their fence and attacked and killed her.... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jan 26, 2021

If your neighbors are homeowners or have renters insurance they might be worth suing. To do a full analysis, an attorney would need to know the city and county, as local laws vary. If this occurred in a city, then there may be some laws about owners being liable if their dogs are at-large. One... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jan 17, 2021

Liability, meaning who is at fault for an accident, is a question independent of whether a person is driving with or without a license and insurance. In this case, there are at least two applicable motor vehicle laws of speeding and there are possibly applicable laws regarding pulling out of a... Read more »

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2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Nov 26, 2020

Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault... Read more »

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