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Questions Answered by Daniel DiCicco
1 Answer | Asked in Arbitration / Mediation Law for Oregon on
Q: If a lawyer for a corporate plaintiff insists on misrepresenting a claim of the corporation's Board of Directors

in Court through longstanding loyalty to the CEO, what sort of third-party challenge is available to the Board: e.g., "Plaintiff's Motion to Challenge the Standing of its own Rogue Counsel?" Obviously a malpractice suit offers a long-term remedy but what can be done real-time in the... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 2, 2019

If you are in a legal battle with a corporation and don't have your own counsel, you are really walking a risky path. I have seen people do this kind of pro se representation and end up getting absolutely wrecked with an attorney fee bill -for the other side- at the end of it.

You need...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

We'd originally verbally agreed to go month-to-month once the six months were up, but am finding that they are going to be very hard to work with in coordinating repairs/rent reductions etc. Tenant was not aware that the plan was to sell the house, as I hadn't decided to do so at the time... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 2, 2019

Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->...
Read more »

1 Answer | Asked in Family Law for Oregon on
Q: My son is trying to get visitation to see his 6 year old daughter. Paternity not established yet. Needs help.

Child is not with mother but grandmother and they refuse to let Dustin see her even though mother lived with fathers mother for over 3 years. The mother,

Stephanie lives with neighbor behind where Dustin lives and child, Aubrey is out in Scio with her mom. They refuse to let Aubrey see her... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 2, 2019

You need to file what's called a "filiation" action (Paternity suit). The court will order a DNA test to prove paternity and you can get things going from there.

1 Answer | Asked in DUI / DWI for Oregon on
Q: False DUI Arrest?

I am 65 years old, white, male. Got pulled over last night for failure to signal and failure to maintain lane, admitted to drinking a mini-bottle of wine with dinner 4 hours earlier, arrested after not passing field sobriety test (which I thought I did fine on), taken to station, blew 0.00. DRE... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 2, 2019

I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?

Daniel DiCicco
Daniel DiCicco answered on Dec 22, 2018

If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment... Read more »

1 Answer | Asked in Construction Law for Oregon on
Q: Can I fire a contractor at will if I find out he is unlicensed? Can he sue me?
Daniel DiCicco
Daniel DiCicco answered on Dec 14, 2018

This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can you go back to court ordered custody if the verbal agreement that was made is no longer working out

We have had a verbal agreement for about a year but now having issues with co parenting so wanting to go back to court order to make it easy

Daniel DiCicco
Daniel DiCicco answered on Dec 10, 2018

You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.

1 Answer | Asked in Child Support for Oregon on
Q: How can we enforce travel to be split on a child visitation that is out of state
Daniel DiCicco
Daniel DiCicco answered on Dec 6, 2018

You need a parenting plan that specifies who pays. This is a common component of any Oregon child custody and parenting time case.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move after I filed a petition for custody, child support and parenting time?

I filed for custody, parenting time and child support but have not received a response from the other party and nothing has been signed by a judge. Can I move 90 miles in same state for a new job opportunity and to be closer to my support system?

Daniel DiCicco
Daniel DiCicco answered on Dec 6, 2018

Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could... Read more »

1 Answer | Asked in Family Law and Divorce for Oregon on
Q: We don't have any joint debts, do I need to list our individual debts when filing the divorce petition?
Daniel DiCicco
Daniel DiCicco answered on Dec 6, 2018

You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Oregon on
Q: Can a felon own black powder guns in oregon
Daniel DiCicco
Daniel DiCicco answered on Dec 6, 2018

A black powder gun counts as a firearm. "Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. "

1 Answer | Asked in Criminal Law for Oregon on
Q: I was charged for multiple forgeries. Recently, I found they are past the statute of limitations. Do they Dismiss?

It’s gone on for a long time. I definitely and obviously did not do this.

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

It's likely that you are completely in the clear. If the statute of limitations has passed without a charge being filed then that is the end of it. Rest easy.

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Am i in Trouble and is my friend in deep trouble?

Hi i live in the state of oregon. My friend is 45 and I am 18. She was drinking before she came and picked me up and I didn't know she was until we got pulled over. They made her do some test outside the car and arrested her. They then asked me if I was drinking and I said no. They asked me... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

You will not face any problems. She will have to deal with the DUI charge through the normal channels. It's a very common charge and in most cases a first time offense can be resolved without a criminal conviction. This is called "DUI Diversion" and while it is a bit of a pain in... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Is it possible to get my case dismissed as it is the first time ever did i get an DUI with reckless driving?

I turned to sharp at a light and drove over curb- medium which caused my tire to go flat. I drove for a mile or two and pulled over and parked the car. I called for help. Few minutes later a sheriff showed up and asked me if i was ok. They asked me if i was drinking and i said i did earlier in the... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

You are not going to get the case dismissed, though it does sound like you have a decent case. I have represented a lot of individuals in your shoes and what makes your case stand out to me is that you blew a .05, which is very low. Was this in Portland? You should have a court date coming up quite... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: A new job in Bend caused me to break a lease in Boise. The landlord re-rented for less and is demanding the difference.

Hi. After 4 months in Boise I received a great job offer in Bend. My 12 month lease @1500/month was 'breached', and the landlord said the market in November was not as good as August, therefore rented the unit for$1300/month, $200. less. He's demanding the $200 x 8 months, and is... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

Hi there. Well, your former landlord is not exactly wrong on this. When you breach a lease you do owe the amount you would have paid on the entire lease. The landlord has the duty to mitigate his damages by attempting to re-rent. If he were to sue you then he could potentially recover the... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: We just sold our Century Farm. Two weeks after owners moved in they say septic pump isn't working, want us to pay.

Pump was working when everybody signed off, new owners now say it isn't, want us to pay $1,000 to fix it.

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

Most real estate is sold with no warranties. Both parties have the opportunity to inspect a property before the sale closes and the buyer is expected to do their due diligence. Unless you have some warranty written into your sales agreement then you have no legal obligation to pay to fix their... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Circuit Court Contract and Torte

I recieved a summons from a debt collection lawyer for OR21.160(1)(a) Mandatory arbitration l. breach of contract 2. Account Stated 3. Quantum Merit

Can I file a motion to dismiss with prejudice including all of the questions answered? Summons said I need to file a "motion" or... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose... Read more »

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