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Oregon Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Family Law, Elder Law and Car Accidents for Oregon on
Q: My parents are 89 & 90. My Dad still drives. He should not be driving. What is my liability?

This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 5, 2017

If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If I break my lease and pay the lease termination fee, when is that fee due? In Oregon.
Joanne Reisman
Joanne Reisman answered on May 23, 2017

Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for Oregon on
Q: Can an employer ask for on-site random drug test in a public restroom in plain sight of the customers you service?

I am a retail pharmacist in a small Oregon town. My employer is initiating on-site quarterly random drug testing. The problem is, we only have one bathroom and it is designated public. The bathroom door is about 5 feet from where customers line up for prescription drop-off and counsels, and any... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 16, 2017

I am not aware of any law that would prohibit this. However, your first step should be to take your concerns to management. A well laid out argument that addresses exactly why this is a bad idea for the company (e.g. lost customers), along with a well thought out plan to address those concerns but... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Oregon on
Q: Oregon- When a neighbors tree falls causing substantial damage who owns the tree?

A neighbors 87 year old Myrtle tree fell in our yard causing substantial damage to out structures pulling out all services within the home. We have been in a hotel for 3 weeks. The tree lays 85 x 50 x 40 feet high across 2 of our lots. The cost to remove the canopy was $10,500 with an additional... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 26, 2017

Call your home owner's insurance and let them take care of it. If your neighbor sues you they will defend you. Just pay your deductible. I think your neighbor is responsible for the tree falling on your house. A property owner needs to inspect trees and make sue they are stable. (I... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Can you sue a veterinarian for breach of bailment for hurting your pet in Oregon?
Joanne Reisman
Joanne Reisman answered on Mar 20, 2017

You haven't given enough facts to allow us to determine if a breach of bailment theory would be the right cause of action. It could be. Generally speaking a pet is considered personal property and if someone is negligent in how they care for your pet, you can sue them for the negligence.... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: can I sue when business fires me for same criminal background check they approved me for when hiring?

I was hired by an employer in Portland Or, after disclosing my complete criminal background and them approving me for hire. a week later they sent me across country to North Carolina to work, so I sold my car and everything I owned here on the promise of work there with stipends, paid everything... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 26, 2017

You have also asked this on Avvo.com, so I would recommend waiting for responses there.

1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2017

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
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1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Personal Injury for Oregon on
Q: I had a levy placed on my account by the California Franchise Tax Board on Black Friday because of mistaken identity.

On black Friday the 25th of November 2016 I was informed by my Bank JP Morgan Chase that my account had a levy placed on it by the California Franchise Tax Board. The total amount in my account was placed on hold and still is. In addition to that hold amount, I was charged a $75 legal fee by my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

First you need to get the paperwork they sent chase. They can't just show up with a levy. Second you need to find out who this board is. I'd also worry the whole thing is a scam, so follow up with JP morgan at a number you get on your statement not on some email.

You want to...
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1 Answer | Asked in Divorce, Family Law, Tax Law and Civil Litigation for Oregon on
Q: oregon - just found in contempt this year..how can i reverse judge's decision without filing an appeal..no money.

decree had typo or evil X snuck in he gets 2015 exemptions for kids but i took 2015 exemptions on my taxes since i had kids entire year and the federal irs law said i could and IRS was never going to allow X to take it since he didn't have kids in 2015..so X filed contempt and stupid judge... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2016

This has already been asked and answered: https://answers.justia.com/question/2016/10/07/oregon-i-am-poor-where-can-i-file-a-form-212395

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Oregon on
Q: oregon - if i want to sue for over $10,000. is it a complaint or a show cause filing?

can i just draw up a complaint and see if the judge will sign it..the evidence from witnesses are already in the public court audio and paper records from the decree from his admission to cheating or do i have to file a show cause to see if i can get a hearing. i want to sue my X for alienation of... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2016

Your ideas on how to do documents for a lawsuit are all wrong. Judge's don't sign complaints. Also a lawsuit for alienation of affection is no longer recognized by the Oregon Courts. In any case, when it was recognized, it wasn't based on the facts you are describing. Alienation... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Tax Law for Oregon on
Q: oregon - i am poor. where can i file a formal complaint about a Judge that made an unfair decision against me?

this judge made crazy unfair decision against me and any normal person would be blown away at the judge's decision. There was a typo or Xspouse snuck in decree he gets 2015 exemptions for kids when I had the kids entire 2015. I took 2015 anyways on my taxes. Stupid Judge found me in... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2016

Actually, there is a form you can sign that will give your spouse the dependency exemption for any given year, if other requirements are met. (There is also a form that does a complete transfer of all future exemptions so be careful you don't sign that one.) Normally the IRS rule is that the... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: I need a form for Oregon Circuit court to set aside a default judgment and order. Where can I find one?
Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 5, 2012

There are no forms for this. You have to file a motion and support declaration (or affidvait) specifying why the judgment should be set aside. You also have to file an answer or other responsive pleading to the complaint. The court will consider whether you acted quickly to set aside the... Read more »

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