Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Complaint, 2013, 8 pgs
Trial Pleadings

Alleges: First Cause of Action - Abuse of an Elderly Person; Second Cause of Action - Violations of Oregon's Trade Practices Act; Third Cause of Action - Fraud; Fourth Cause of Action - Breach of Contract

Or.Rev.Stat. §124.100 and §31.710 and §646.608 and §646.638

Oregon
Complaint, 2013, 7 pgs
Trial Pleadings

Alleges: First Claim for Relief - Abuse, Neglect, Reckless Endangerment, Assault and Mistreatment of Elderly, Vulnerable or Disabled Persons; Second Claim for Relief - Costs and Attorney Fees; Third Claim for Relief - Wrongful Discharge

Or.Rev.Stat. §659A.001(4) and §659A.199 and §441.630(a) to (b) et seq. and §443.455 et seq. and §124.050 to §124.095 and §410.020 to §410.070 et seq. and §441.630(a) to (b) et seq. and 443.455 et seq. and §659A.885 and §20.107 and §31.725 and §659A.233 and §410.010(1) and Or.Admin.R. 411-020-0002 through 411-020-0020 et seq.

Oregon
Complaint, 2013, 6 pgs
Trial Pleadings

Alleges: First Claim for Relief - Fraudulent Representations; Second Claim for Relief - Elder Financial Abuse; Third Claim for Relief - Unlawful Trade Practices; Fourth Claim for Relief - Violations of the Vehicle Code; Fifth Claim for Relief - Damages

Or.Rev.Stat. §731.186 and §731.004 and §742.061 and §822.030 and §124.100 and §646.608(e), (i), (j), (k), (t), (u) and §646.638 and Or.Admin.R. 137-020-0020 and 137-020-0030(a), (c), (f), (L), (o), (s), (v), (y), (z)

Oregon
Complaint, 2013, 5 pgs
Trial Pleadings

Alleges: First Claim for Relief - Fraudulent Representations; Second Claim for Relief - Elder Financial Abuse; Third Claim for Relief - Unlawful Trade Practices; Fourth Claim for Relief - Violations of the Vehicle Code; Fifth Claim for Relief - Damages

Or.Rev.Stat. §731.186 and §731.004 and §742.061 and §822.030 and §646.608(e), (i), (j), (k), (t), (u) and §646.638 and Or.Admin.R. 137-020-0020 and 137-020-0030(o)

Oregon
Trial Pleadings

Recommends Court award statement because: defendants are prevailing parties; no reasonable basis exists for plaintiff's claims; recovery of costs and disbursements is allowed; attorney fees, statutory fees, costs, enhanced party fee, statement and exhibit preparation awards are reasonable and justified

Or.Rev.Stat. §20.190(2)(a)(A) and §20,190(3)(b), (3) and §20.105(1) and §20.075 and §124.100(2), (5) and §124.110 and Or.R.Civ.Proc. 68 C(4)(c)(i) and 68 B and 68

Oregon
Trial Pleadings

Recommends Court affirm statement because: plaintiff's claims lacked objectively reasonable basis; defendants prevailed; defendants are entitled to recover reasonable attorney fees, anticipated post judgment work fees, prevailing party fee, enhanced prevailing party fee, costs, disbursements and litigation expenses

Or.Rev.Stat. §20.105(1) and §124.100 et seq. and §20.075(1), (2), (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), (2)(a), (2)(g) and §20.190(2)(a), (3), (3)(b) and Or.R.Civ.Proc. 68

Oregon
Trial Pleadings

Requests Court deny motions because defendants have no basis for asserting that plaintiff's claims are devoid of legal or factual support

Or.Rev.Stat. §20.105(1) and §20.105 and §696.810 and §124.110(a) and §124.100(5)

Oregon
Complaint, 2013, 23 pgs
Trial Pleadings

Alleges: First Claim for Relief - Elder Abuse; Second Claim for Relief - Unlawful Trade Practices - Count 1 - Causing Confusion or Misundestanding as to Affiliation, Connection or Association with Another - Count 2 - Making False or Misleading Representations of Fact Concerning the Reasons for, Existance of, or Amounts of Price Reductions - Count 3 - Promises to Deliver Real Estate Goods or Services Within a Cetain Period of Time With Intent Not to Deliver Them As Promised; Third Claim for Relief - Negligent Misrepresentation; Fourth Claim for Relief - Breach of Contract; Fifth Claim for Relief - Declaratory Relief

Or.Rev.Stat. §124.110 et seq. and §646.010 et seq. and §14.030 and §14.080 and §28.010 and §124 et seq. and §124.100 and §124.110 and §646 et seq. and §646.608(1)(c ), (1)(j), (1)(q), (1) and §646.638(1), (3) and §31.725

Oregon
Trial Pleadings

Requests Court grant motion because: issues of material fact asserted are irrelevant; facts asserted are incorrect assumption of law; defendants are bona fide purchasers

Or.Rev.Stat. §72.2100 and §79.0404 and §93.640 and §93.010 and §93.850 and §93.855 and §93.860 and §93.865 and §86.715 and §86.705(7) and §86.710 and §86.780 and §93.600 et seq. and §124.110(1)(a) and Or.R.Civ.Proc. 47 and 47 C

Oregon
Trial Pleadings

Alleges: First Claim for Relief - Breach of Contract; Second Claim for Relief - Specific Performance; Third Claim for Relief - Elder Abuse

Or.Rev.Stat. §124.100(2)(a), (2)(c)

Oregon
Motions in Limine

Recommends evidence showing intent to repay money be inadmissible (2012)

Or. Rev. Stat. §163.205 and §163.205(1)(b)(D) and §164.005 to 164.015 and §124.110(1)(a) and §40.150

Oregon
Other Materials

Argues Court deny petition because it ignored Oregon Revised Statutes Chapter 441. Requests Court: remand case to circuit court; instruct circuit court compel guardian disclose protected person's location (2012)

Or. Rev. Stat. §19.415 and §19.415(3) and §125.025 and §125.300(2) and (3) and §125.320and §125.320(3)(a) and (3)(c )(B) and §174.010 and §441.100 and §441.107 and §441.109 and §441.109(1) and §441.117 and §441.117(1)(a) and (2) and (4) and (5) and §441.121 and §441.605 and §441.605(5) and Ch 441

Oregon
Complaint, 2012, 7 pgs
Trial Pleadings

Alleges: First Claim for Relief - Securities Fraud; Second Claim for Relief - Financial Elder Abuse; Third Claim for Relief - Unjust Enrichment

Or.R.Civ.Proc. 4 A(4) and 4 C and 4 D and Or.Rev.Stat. §59.115 and §59.135 and 59.137 and §59.115(10) and §59.137(4) and §124.100(1), (2), (2)(c), (2)(a), (2)(b)

Oregon
Complaint, 2012, 11 pgs
Trial Pleadings

Alleges: First Claim for Relief - First Count - Realtor Negligence - Second Count - Elder Abuse; Second Claim for Relief - Negligence; Third Claim for Relief - First Count - Breach of Contract - Second Count - Negligence - Third Count - Fraud - Fourth Count - Elder Abuse

Or.Rev.Stat. §124.100 et esq. and §124.100(2)(b), (2)(c)

Oregon
Complaint, 2012, 3 pgs
Trial Pleadings

Alleges: Elder Abuse

Or.Rev.Stat. §124.100 and §124.110 and §124.100(a), (2) and §124.120(2)

Oregon
Complaint, 2012, 10 pgs
Trial Pleadings

Alleges: First Claim for Relief - Breach of Contract; Second Claim for Relief - Assumpsit; Third Claim for Relief - Fraud; Fourth Claim for Relief - Financial Abuse of a Vulnerable Person; Fifth Claim for Relief - Attorney Fees

Or.Rev.Stat. §20.096 and §124.100 et seq. and §124.100(1)(a), (2)(b), (1)(e)(A), (2)(c) and §20.082 and §20.083

Oregon
Trial Pleadings

Requests Court dismiss claims with prejudice because: defendants were not held vicariously liable; intervening criminal conduct was unforeseeable; broker/dealer was not convicted of a crime; fraud claims were beyond statute of limitations; negligence claim was barred by statute of limitations

Or.Rev.Stat. §12.110(1) and §28.110 and §124.100 and §124.100(5), (6) and §124.115 and §124.115(2) and §174.010 and §174.100(5) and §646.638(2) and Or.R.Civ.Proc. 47 and 47 C and 67B

Oregon
Trial Pleadings

Requests Court dismiss claims with prejudice because: defendant was not vicariously liable; defendant was not involved in redemption process; intervening criminal conduct was unforeseeable; elder abuse claim failed to comply with statute; many alleged frauds were beyond statute of limitations; no evidence showed property improperly received

Or.Rev.Stat. §12.110(1) and §28.110 and §124.100 and §124.100(5), (6) and §174.010 and §646.638(2) and Or.R.Civ.Proc. 47 and 47 C

Oregon
Trial Pleadings

Requests Court prohibit plaintiff from making or offering reference or citation to recorded statement because: entire statement is inadmissible hearsay; statement violates prohibition on spoliation of evidence

Or.R.Evid. 801 through 804 and 804(1)(d) and 801(3) and 802 and 803 and 804(3)(a) and 803(18) and 803(2) and 804(3)(h) and 804(3)(h)(A) and 804(3)(h)(B) and 804(3)(h)(C ) and Or.Rev.Stat. §124.005 and §124.050

Oregon
Trial Pleadings

Requests Court deny motion because: there are questions of fact; defendant is vicariously liable for frauds and conversions; defendant failed to apprise plaintiff if and when its authority ended

Or.R.Civ.Proc. 47 C and Or.Rev.Stat. §124.100 and §28.110

Oregon
Trial Pleadings

Requests Court deny motion because: examination is reliable and trustworthy; examination is consistant with allegations underlying subject matter at issue; there is no valid basis upon which to exclude examination

Or.Rev.Stat. §124.140 and §40.455 and §40.460(18a)(a), (18a)(b), (8), (28) and §40.465(3)(h) and §40.460(18a) and §124.050 and §163.205 and §164.015 and §40.455

Oregon
Trial Pleadings

Requests Court deny motions because: entities are liable for unreasonable acts and omissions; entities are liable vicariously for wrongdoing; fraud and conversion actions are not deficient; actions are within two years of discovery; copious, admissible evidence supports claims; issues involve disputed questions of fact; entity is liable for negligence as a permitter of elder abuse; economic loss doctrine fails to shield entity

Or.R.Civ.Proc. 47 C and Or.Rev.Stat. §59.115 and §59.137 and §40.460(18a), (28), (8), (6) and §40.465(3)(h) and §40.450(4)(b) and §40.200 and §124.140

Oregon
Trial Pleadings

Requests Court grant motion because: statute of limitations bars negligence and elder abuse claims; facts fail to support claims; buyer's agent's duties are limited; plaintiff is estopped from holding defendants liable for alleged harm; plaintiff fails to comply with statute dictates

Or.Rev.Stat. §12.110(1) and §31.350 and §20.105 and §696.810 and §696.810(2), (3), (6), (3)(e) and §696.855(1) and §124.100 and §124.100(2), (5) and §620.105(1) and §124.110 and §124.020 and §124.110(a), (b), (c ) and §31.350(2)

Oregon
Trial Pleadings

Requests Court grant motion because: no issues of material fact are disputed; statute of limitations bars negligence claim; defendants are not liable for elder financial abuse; during effective period of financial power of attorney, plaintiff fails to halt transactions at issue

Or.R.Civ.Proc. 47 and 47C and 20.105 and Or.Rev.Stat. §12.110(1) and §124.100 et seq. and §124.100(2), (5) and §124.110(1)(a) and §124.110 and §20.105

Oregon
Trial Pleadings

Alleges: First Claim for Relief - Violation of Elderly Persons and Persons with Disabilities Abuse Prevention Act; Second Claim for Relief - Conversion; Third Claim for Relief - Negligence

Or.Rev.Stat. §124.100 and §124.100(2)(c)

Oregon

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