Sarah De La Cruz

Oregon Supreme Court (2 summaries)

Elk Creek Management Co. v. Gilbert

ORS 90.385 requires the tenant to prove that the landlord would not have taken the prohibited action but for the tenant’s protected activity, but does not require that the landlord intend to injure the tenant in response to the tenant injuring the landlord.

Area(s) of Law:
  • Landlord Tenant

State v. Haynes

In order to preserve an issue for appeal with a single word or phrase, it must be used in a context that allows the court and the other parties to understand that it refers to a particular legal or factual argument and the essential contours around the full argument.

Area(s) of Law:
  • Appellate Procedure

Oregon Court of Appeals (34 summaries)

State v. Rivera

Court remands for resentencing in the absence of factual findings on proportionality of a Measure 11 sentence as required by State v. Rodriguez/Buck.

Area(s) of Law:
  • Sentencing

Utility Reform Project v. PUC

The PUC is not required to order a return of overpayment of taxes to ratepayers where the utility did not earn a reasonable return on investment.

Area(s) of Law:
  • Administrative Law

State v. Ohotto

Testimony on the rate of dissipation of alcohol in the blood is improper lay opinion where the deputy testifying merely read training manuals on alcohol dissipation, took a training course, and conducted routine DUII investigations.

Area(s) of Law:
  • Evidence

Dizick v. Board of Parole and Post-Prison Supervision

The Board of Parole and Post-Prison Supervision does not have authority to correct sentencing errors, so it also cannot decide the presumptive sentence.

Area(s) of Law:
  • Parole and Post-Prison Supervision

Back in Action v. Liberty Northwest Ins. Corp.

Both the temporary, OAR 436-009-0040 (07/07/08), and permanent, OAR 436-009-0040(1), rules permit the enforcement of fee discount contracts because they only set an upper limit on fees for medical services.

Area(s) of Law:
  • Workers Compensation

State v. Lykins

A person who suffers physical and mental harm, is manipulated, and whose short-term and long-term vulnerability to harm is increased meets the definition of a “vulnerable victim” under OAR 213-008-0002(1)(b)(B).

Area(s) of Law:
  • Sentencing

State v. Jackson

Where a stalking charge is based purely on communication, the State must prove that the communication was an unequivocal threat.

Area(s) of Law:
  • Criminal Law

State v. Hutton

Evidence of prior bad acts can only be used to prove intent under OEC 404(3) where the defendant admits committing the actus reus or the judge instructs the jury that it must first find the defendant committed the actus reus before using prior bad acts to determine intent

Area(s) of Law:
  • Evidence

Riemer v. PERB

Before qualifying for PERS retirement, an individual must first be considered an "employee".

Area(s) of Law:
  • Administrative Law

Atkeson v. T & K Lands, LLC

It is not inequitable to impute an attorney’s knowledge to the client where the attorney is hired to perform due diligence in a real estate transaction.

Area(s) of Law:
  • Property Law

State v. Faubion

An officer is permitted to verify the accuracy of information obtained during a stop, even when there is a lawful explanation of the behavior.

Area(s) of Law:
  • Criminal Procedure

State v. Briggs

Consent to entry occurs where the officer presents an alternative to allowing the officer enter.

Area(s) of Law:
  • Criminal Procedure

Lehman v. Bielenberg

Failure to file responsive pleadings does not entitle the opposing party to a default judgment unless the opposing party complies with the requirements of ORCP 69.

Area(s) of Law:
  • Civil Procedure

Kalfas v. Adams

When an express easement is clear and unambiguous, the court should not look to the surrounding circumstances to determine its meaning.

Area(s) of Law:
  • Property Law

PacifiCorp v. SimplexGrinnell

ORS 20.096 does not create a reciprocal right to recover attorney fees when an indemnification agreement in the contract does not allow one party to recover attorney fees from the other.

Area(s) of Law:
  • Attorney Fees

SAIF Corp. v. Satterfield

A report issued a year after injury indicating increased functioning is new information under OAR 436-120-0350.

Area(s) of Law:
  • Workers Compensation

RJ Enterprises LLC of Oregon v. DCBS

A person subject to the employer’s direction, control, and who provides services for remuneration is a subject worker within the meaning of workers' compensation law.

Area(s) of Law:
  • Workers Compensation

Gearhart v. Public Utilities Commission of Oregon

Unless a court gives direction to the contrary, an agency has discretion to act within its authority, as granted by the legislature.

Area(s) of Law:
  • Administrative Law

Three Rivers Education Association v. Three Rivers School District

An order fails substantial reason if finding no causal connection between two decisions while also finding one decision to be the impact of the other.

Area(s) of Law:
  • Administrative Law

Pfizer Inc. v. Oregon Dept. of Justice

Information is a trade secret and exempt from disclosure under Oregon Public Records Law when there is evidence that it gains its value from not being generally known, and is subject to reasonable efforts to maintain its secrecy.

Area(s) of Law:
  • Trade Secrets

Sea River Properties, LLC. v. Parks

Land formed by accretion does not belong to the owner in possession of the property when the land forms on top of property already owned by another.

Area(s) of Law:
  • Property Law

Macnab v. State

Under ORS 30.275(9), the two year statute of limitations on a claim of false imprisonment begins to run from the date when the plaintiff is aware of the facts necessary to prove liability.

Area(s) of Law:
  • Civil Procedure

State v. Johnson

When the original trial is brought within a reasonable period of time, ORS 135.747 does not regulate the timing of the second trial in the same criminal proceeding.

Area(s) of Law:
  • Criminal Procedure

Ivers v. Salladay

ORCP 68 does not apply when there is not a substantive right to recover attorney fees. It would be contrary to the structure and purpose of UTMA to apply ORCP 68.

Area(s) of Law:
  • Civil Procedure

Purdy v. Deere and Co.

When a jury is presented with compound questions that address both the standard of care and causation, the appellant must establish that the jury did not decide the case on causation.

Area(s) of Law:
  • Tort Law

Bertsch v. DLCD

In order to obtain just compensation allowed by Measure 49, the property owner must show, more likely than not, the conditions in place were actually satisfied during the time when the county could have authorized a dwelling. A party is not allowed to currently attempt to satisfy historical conditions.

Area(s) of Law:
  • Land Use

Pincetich v. Nolan

ORS 701.131(2)(c) applies to construction defects and services contributing to the defects, and does not include the failure to make payments on work performed.

Area(s) of Law:
  • Contract Law

State v. Canfield

A seizure occurs when “the officer has manifested a show of authority restricting an individual's freedom of movement.” When an individual’s freedom of movement is no longer interfered with, the stop has ended.

Area(s) of Law:
  • Criminal Law

Poppa v. Laird

The appellant is required to provide the appellate court with a sufficient appellate record to decide the issues on appeal. The appellate court will not decide issues that were not preserved as an error in the court below.

Area(s) of Law:
  • Appellate Procedure

Legacy Health Systems v. Noble

An injury arises out of employment when the risk is connected with the nature of the work or the work environment.

Area(s) of Law:
  • Workers Compensation

U.S. Market #109 v. OLCC

When the OLCC places a restriction on the liquor license requiring the Licensee to install age verification equipment and train the employees to use it, the Licensee must require its employees to use the equipment in appropriate circumstances.

Area(s) of Law:
  • Administrative Law

Gay and Gay

It is legally permissible and within the trial court's discretion to decide to not distribute shares to one spouse in a closely held corporation in exchange for an equalizing judgment.

Area(s) of Law:
  • Family Law

State v. Bennett

In imposing an upward departure sentence, a court may consider the defendant’s conduct after the crime for which the defendant is being sentenced.

Area(s) of Law:
  • Criminal Procedure

State v. Truong

When a defendant is sentenced to serve consecutive prison sentences, the total prison term cannot exceed 400 percent of the maximum for the primary offense in the case.

Area(s) of Law:
  • Criminal Procedure