Okay, here are some basics for those of you making assumptions based on the rules for service in states other than Oregon... [summary, not an excerpt]
ORCP 7 - Service of Summons. Service can be made by any competent adult, other than the party commencing the action. No license, bond, certificate, insurance or special status is required. Yes, it is a free-for-all.
ORCP 9 - Service of filed papers. A party must serve every paper they file by delivering -- to the person, to the home or office, by mail, or by e-serve, to each other party.
This case involves ORCP 9. Defendant evaded service, blocked e-mail, had postal mail returned to sender. This was a dispositive motion, which would not be granted without conclusive proof of actual receipt. The personal service was made upon the defendant at their front door -- by a third party, acting as the agent of principal-Plaintiff [me], and thus imputing the action and vicarious liability of that agent to Plaintiff [me]. The actual person who manually performed the service was not accused of trespass.
The Defendant is being assisted by the court's victim coordinator. Defendant claims to own the county road going through their real estate, and has "No Trespass" signs attempting to prevent travel on the county road through their real estate. Both county dept. of transportation maps and USGS maps show the road with the county designated name.
The server allegedly entered without litigation privilege or public privilege, by crossing "No Trespassing" signs placed by Defendant on an unlocked gate crossing and blocking the county road -- not on the boundary / shoulder of the county road.
The County Sheriff, who received the complaint, declared to the court, not just the DA, that this was an instance of serving court papers.
Court appointed attorney simply says that the above authority on litigation privilege is meritless in a criminal case, and if somebody steps over the line, it is trespass no matter what, even if there is a public right of way, such as the existence of a county road -- because here, the Defendant believes they have absolute dominion over the County Road, and I knew what Defendant believed.
I can't file a complaint with the State Bar, without waiving lawyer-client privilege.
So again... how does one deal with court corruption?
I have a 50% reversal rate [4 of 8] in the Oregon Court of Appeals, for the trial court refusal to follow the rules that I cite and quote in my pleadings.
In one instance, "Civil Plaintiff has 14 days to show cause why he could not personally appear at scheduling hearing, because he was too ill to safely drive 175 miles to the courthouse, and only appeared by telephone..." 7 days later, "case dismissed with prejudice."
The Oregon constitution mandates that the Court of Appeals form an opinion. The Court of appeals has decided in over 23,000 cases -- "Affirmed, without opinion."
At least third world countries provide equal opportunity corruption, and accept bribes.
The courts in Washington State are even worse than the courts in Oregon. The Washington Court of Appeals decided that the legislation establishing "limited guardianship" was invalid -- without the requisite Eldridge analysis -- and that a guardian is always a full guardian of both person and estate; that Washington common law precedent recognizing the "next friend" of an adjudicated incapacitated person was reversed; that a court commissioner could appoint themself as sole adjudicator in a guardianship case; and, it was just fine if the guardian association paid off the commissioner's mortgage every 2 years.
If you don't believe that, you need to watch the new movie -- "I Care a Lot," with Rosamund Pike and Dianne Weist.
ORCP 7 - Service of Summons. Service can be made by any competent adult, other than the party commencing the action. No license, bond, certificate, insurance or special status is required. Yes, it is a free-for-all.
ORCP 9 - Service of filed papers. A party must serve every paper they file by delivering -- to the person, to the home or office, by mail, or by e-serve, to each other party.
This case involves ORCP 9. Defendant evaded service, blocked e-mail, had postal mail returned to sender. This was a dispositive motion, which would not be granted without conclusive proof of actual receipt. The personal service was made upon the defendant at their front door -- by a third party, acting as the agent of principal-Plaintiff [me], and thus imputing the action and vicarious liability of that agent to Plaintiff [me]. The actual person who manually performed the service was not accused of trespass.
The Defendant is being assisted by the court's victim coordinator. Defendant claims to own the county road going through their real estate, and has "No Trespass" signs attempting to prevent travel on the county road through their real estate. Both county dept. of transportation maps and USGS maps show the road with the county designated name.
The server allegedly entered without litigation privilege or public privilege, by crossing "No Trespassing" signs placed by Defendant on an unlocked gate crossing and blocking the county road -- not on the boundary / shoulder of the county road.
The County Sheriff, who received the complaint, declared to the court, not just the DA, that this was an instance of serving court papers.
Court appointed attorney simply says that the above authority on litigation privilege is meritless in a criminal case, and if somebody steps over the line, it is trespass no matter what, even if there is a public right of way, such as the existence of a county road -- because here, the Defendant believes they have absolute dominion over the County Road, and I knew what Defendant believed.
I can't file a complaint with the State Bar, without waiving lawyer-client privilege.
So again... how does one deal with court corruption?
I have a 50% reversal rate [4 of 8] in the Oregon Court of Appeals, for the trial court refusal to follow the rules that I cite and quote in my pleadings.
In one instance, "Civil Plaintiff has 14 days to show cause why he could not personally appear at scheduling hearing, because he was too ill to safely drive 175 miles to the courthouse, and only appeared by telephone..." 7 days later, "case dismissed with prejudice."
The Oregon constitution mandates that the Court of Appeals form an opinion. The Court of appeals has decided in over 23,000 cases -- "Affirmed, without opinion."
At least third world countries provide equal opportunity corruption, and accept bribes.
The courts in Washington State are even worse than the courts in Oregon. The Washington Court of Appeals decided that the legislation establishing "limited guardianship" was invalid -- without the requisite Eldridge analysis -- and that a guardian is always a full guardian of both person and estate; that Washington common law precedent recognizing the "next friend" of an adjudicated incapacitated person was reversed; that a court commissioner could appoint themself as sole adjudicator in a guardianship case; and, it was just fine if the guardian association paid off the commissioner's mortgage every 2 years.
If you don't believe that, you need to watch the new movie -- "I Care a Lot," with Rosamund Pike and Dianne Weist.
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