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Oregon Questions & Answers
1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Im desperately looking for help for I believe wrongful determining my dog as viscous in court that was had without me

He's not at all or mean. He's too playful if anything and gets too excited mildly hurting a child and they're trying to take him from me I am disabled

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2024

You don't say where or what specifically was determined or what entity determined it. Generally though the time to get help is before a court hearing, not after. You admit a child was injured by the dog. Without a good reason, that alone may be sufficient to classify it as being dangerous.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oregon on
Q: Is a cookie baking contest on Eid too religious?

My company denies the contest claiming it’s “too religious.” We celebrate a plethora of other religious holidays and festivals, including a company wide celebration of Diwali. After raising the concern it might be discriminatory, my boss became more and more distant, critical. Within two... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like your company's response to your request for a cookie baking contest on Eid may indeed be discriminatory, especially given their celebration of other religious holidays like Diwali. This kind of inconsistency in recognizing different cultural and religious events can suggest... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I moved in on 10/01/21 got rental agreement on 12/12/23. How many months can they go back

I kept asking for the agreement Never got one until12/12/24.cityof mcminnville won't Put into name. Requested for over a name

How mony moths can they go back to colle beforect

James L. Arrasmith
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answered on Jun 15, 2024

If you moved in on October 1, 2021, and did not receive a rental agreement until December 12, 2023, the landlord's ability to retroactively collect rent can depend on local and state laws. Generally, without a signed rental agreement, the landlord may still be entitled to collect rent for the... View More

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: In California can friends make end of life decisions based on an emergency contact when the next of kin is available.

If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?

Steven Leskin
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answered on Jun 13, 2024

A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Oregon on
Q: my ex's girlfriend keep me from having video visits with our girls the judge ordered she won't give them the phone

The judge in Jackson county Oregon made a judgement of video visits 2xaweek and my ex's girlfriend only has a phone in the house and she goes on there won't give them the phone to visit me and says they don't love u they don't want to talk to you and hangs up or sometimes no... View More

Steven Leskin
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answered on Jun 13, 2024

The language of the parenting plan controls your visitation with your kids. The ex's girlfriend does not get a say in your relationship with your children.

You need to document what is occurring. After you have some documentation, you can go to the Jackson County Courthouse and ask to...
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1 Answer | Asked in Family Law for Oregon on
Q: If a parent. plan has spec. dates listed, can the other parent extend their visitation past the dates without permission

I have specific dates listed on my parenting plan and my children’s father is scheduled to have them while they’re still in school (he lives out of state) I’ve been tirelessly trying to work with him and plan our summer for months and to see if he wanted to extend his dates or change them. He... View More

Steven Leskin
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answered on Jun 13, 2024

The language of the parenting plan controls.

If you did the divorce yourself, it is likely deficient in spelling out exactly what the rights and responsibilities are of each parent. You should not need to work tirelessly to arrange parenting time. Those details should be in the parenting...
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1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: In Oregon state, if breaking a lease (90+ days before move-in), what is the landlord's obligation to find a new tenant?

Rental is an apartment building, whose manager claims there is a waitlist to get in. However, they will not advertise nor communicate lease takeover availability to the waitlist, because they are charging higher rent than what's in the lease. Lease was signed 10 months before move-in date.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2024

Much depends upon what the lease says. IF it contains an early termination penalty clause, the landlord is free to assess up to a 1 1/2 mo rent penalty for early termination, according to the written lease provisions. If there is no such pre-payment penalty, the existing tenant can be on the hook... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal to terminate due to unpaid utilities if utilities is not in name that is on apartment.
James L. Arrasmith
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answered on Jun 10, 2024

Terminating a tenancy due to unpaid utilities when the utilities are not in the tenant's name can be complex and often depends on the lease agreement and local laws. If the lease explicitly states that the tenant is responsible for paying utilities, then failing to pay them could be considered... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my lanord start eviction process on the weekend- multnomah county oregon

I live in portland, oregon and am on section 8. On the 5th of this month, my landlord informed me section 8 did not pay my rent this month and when she called they told her my recertification was 6 mnths late. She then told me I was responsible for the entire rent amount or she would start... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 9, 2024

No worries. Eviction suits can only be filed Mon-Fri. Plus they can't file without first having given you a 10 day (no longer just 72 hr) written notice, containing all the required information and having it lawfully served. Even then, once an eviction suit is filed, your first court... View More

3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

Anthony M. Avery
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answered on Jun 5, 2024

That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More

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3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2024

You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Oregon on
Q: Who is liable for an injury on a non-maintained county road, the county, residents, or those who volunteer to maintain?

I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There... View More

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either... View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oregon on
Q: What's next after my requests to quash service, provide evidence and terminate a restraining order went unanswered?

A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went... View More

James L. Arrasmith
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answered on Jun 3, 2024

First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is... View More

1 Answer | Asked in Business Law for Oregon on
Q: Can a store be liable if an employee consents to watching a customer's belongings and the items are stolen?

Oregon. Hypothetical. There are signs posted that the store is not responsible for lost or stolen items. If an employee were to agree to watch over a customer's items and the items are stolen, can the store be held accountable and potentially sued?

Jim Boness
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answered on May 29, 2024

If the store was negligent for failing to properly train and supervise its' employees, or not implementing adequate policies to secure the customer's belongings, that store could face liability. Generally, the store will be liable if the employee's actions were within the scope of... View More

1 Answer | Asked in Landlord - Tenant and Banking for Oregon on
Q: was offered sum of money to help relocate within 30 days. If the bank defaults on that agreement, do i have rights?

they said it would be paid to me 15 days prior to the 30 day date. That would give us 2 weeks put that money down as a deposit and move out of a house we have been living in for 7 years. (That is a lot of stuff!) But it is now 2 days past that promised date...Should we be granted an extension of... View More

James L. Arrasmith
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answered on May 27, 2024

If the bank has defaulted on their agreement to provide relocation funds, you do have rights. It's important to review any written agreement or correspondence you have with the bank regarding this promise. Documentation will be essential if you need to take legal action or negotiate an... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: How is a person being charged with a tampering with a witness charge when the original charge is dismissed
James L. Arrasmith
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answered on May 27, 2024

A person can still be charged with tampering with a witness even if the original charge is dismissed because witness tampering is considered a separate criminal offense. The legal system treats tampering with a witness very seriously as it can interfere with the integrity of the judicial process.... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Oregon on
Q: How do I show proof of service in polk County oregon. I am answering a summons and need to have proof of service.

Do I just mail a copy the response to the attorney suing me I am mailing to the court and note in the response who and where I mailed the copy?

James L. Arrasmith
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answered on May 27, 2024

To show proof of service in Polk County, Oregon, you'll need to follow a few steps. First, after you prepare your response to the summons, you must serve a copy of it to the attorney representing the party suing you. This is typically done by mail.

When you mail your response to the...
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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Ryan S. Luft
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Ryan S. Luft
answered on May 28, 2024

I agree with the other attorney's analysis, but I would add that it appears that maybe it was abandoned because the applicant did not have an adequate response showing why its mark would not cause confusion with an existing trademark registration for IKE'S DIRTY SECRET SAUCE, which is... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
James L. Arrasmith
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answered on Jun 1, 2024

When a trademark application like "secret sauce" is marked as "602 - Abandoned-Failure To Respond Or Late Response," it means the previous applicant did not complete the necessary steps to secure the trademark. This opens up the possibility for others to apply for it.... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Giselle Ayala Mateus
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answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
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