Petition for Writ of Certiorari — Linh Thi Minh Tran, Petitioner v. Stan the Hot Water Man

No.

IN THE SUPREME COURT OF THE UNITED STATES

LINH THI MINH TRAN

Petitioner on Writ of Certiorari,

Vs.

STAN THE HOT WATER MAN

Petitioner on Writ of Certiorari,

PETITIONER ON WRIT OF CERTIORARI LINH THI MINH TRAN’S

PETITION FOR WRIT OF CERTIORARI OF OREGON SUPREME COURT’S

DECISION ORDER DENYING RECONSIDERATION WAS ENTERED ON

04/18/2019 BY MARTHA L. WALTERS, CHIEF JUSTICE OREGON

SUPREME COURT.

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PETITIONER ON WRIT OF CERTIORARI LINH THI MINH TRAN'S PETITION FOR WRIT OF CERTIORARI OF

OREGON SUPREME COURT'S ORDER DENYING RECONSIDERATION WAS ENTERED ON 04/18/2019.

Oregon Supreme Court Case: S066380, Oregon Court of Appeals Case: A165790, Multnomah County

Circuit Court Case: 16CV19058| Linh Thi Minh Tran, Petitioner on writ of certiorari, 12542 SE Capella

court, Happy Valley, Oregon 970861 Tel: 503-558-08861 Email: minhlinhtrn@gmail.com | Page 39 of 40

PROOF OF SERVICE

I, Linh Thi Minh Tran, Petitioner on writ of certiorari, declares that on 07/16/2019, as

required by Supreme Court of the United Stated Rule 291 have served the enclosed MOTION

FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND PETITION FOR A WRIT OF

CERTIORARI in the Case Name: Linh Thi Minh Tran vs. Stan The Hot Water Man. Oregon

Supreme Court Case Number: S066368, Oregon Court of Appeals Case Number: A165790,

Multnomah County Circuit Court Case Number: 16CV19058 on each party to the above-named

case proceeding or that party’s counsel, and on every other person required to be served, by

depositing an envelope containing the above documents in the United Stated mail properly

addressed to each of them with tracking number prepaid commercial carrier for delivery.

The names and addresses of those served are as follows:

Buckley Law, P.C.

Marjorie A. Elken OSB No. 073368

5300 Meadows Road, Ste. 200

Lake Oswego, Oregon 97035

Telephone: 503-620-8900

Email: mae@buckley-law.com

Attorney for Respondent on writ of certiorari Stan the Hot Water Man

I declare under penalty of perjury that the foregoing is true and correct

Executed on 07/16/2019

/ /. .j/t.j.

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Linh Thi Minh Tran

Petitioner on writ of certiorari pro se

12542 SE Capella court

Happy Valley, Oregon 97086

Tel: 503-558-0886

Email: minhlinhtm@.gmail .com

PETITIONER ON WRIT OF CERTIORARI LINH THI MINH TRAN'S PETITION FOR WRIT OF CERTIORARI OF

OREGON SUPREME COURT'S ORDER DENYING RECONSIDERATION WAS ENTERED ON 04/18/2019.

Oregon Supreme Court Case: S066380, Oregon Court of Appeals Case: A165790, Multnomah County

Circuit Court Case: 16CV19058| Linh Thi Minh Tran, Petitioner on writ of certiorari, 12542 SE Capella

court, Happy Valley, Oregon 970861 Tel: 503-558-0886 (Email: minhlinhtrn@gmail.com | Page 40 of 40

rv

*MH£E£RIPREME COURT OF THE

STATE OF OREGON

LINH THJ MINH TRAN,

Plaintiff-Appellant,

Petitioner on Review

v.

STAN THE HOT WATER MAN,

Defendant-Respondent,

Respondent on Review.

Court of Appeals

A165790

S066380

Upon consideration by the court.

ed. The court has

c: Marjorie A Elken

Linh Thi Tran

IN THE SUPREME COURT OF THE STATE OF OREGON

LINH THI MINH TRAN,

Plaintiff-Appellant,

Petitioner on Review,

v.

STAN THE HOT WATER MAN,

Defendant-Respondent,

Respondent on Review.

Court of Appeals

A165790

S066380

ORDER DENYING REVIEW

Upon consideration by the court.

The court has considered the petition for review and orders that it be denied.

MARTHA L WALTERS

CHIEF JUSTICE, SUPREME COURT

2/22/2019 8:55 AM

c: Marjorie A Elken

Linh Thi Tran

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ORDER DENYING REVIEW

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section,

Supreme Court Building, 1163 State Street, Salem, OR 97301-2563

Page 1 of 1

IN THE COURT OF APPEALS OF THE STATE OF OREGON

LINH THI MINH TRAN,

Plaintiff-Appellant,

v.

STAN THE HOT WATER MAN,

Defendant-Respondent

Multnomah County Circuit Court No. 16CV19058

Court of Appeals No. A165790

ORDER DENYING RECONSIDERATION

Appellant petitions for reconsideration of the court’s decision dated October 10,

2018, pursuant to ORAP 6.25. The court has considered the petition and orders that

the petition is denied.

The petition for reconsideration is denied.

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REX ARMSTRONG

TOESIDING JUDGE, COURT OF APPEALS

H/14/2018 9:09 AM

c: Linh Thi Tran

Marjorie A Elken

ei

ORDER DENYING RECONSIDERATION

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section,

Supreme Court Building, 1163 State Street, Salem, OR 97301-2563

Page 1 of 1

IN THE COURT OF APPEALS OF THE STATE OF OREGON

LINH THI MINH TRAN,

Plaintiff-Appellant,

v.

STAN THE HOT WATER MAN,

Defendant-Respondent.

Multnomah County Circuit Court

16CV19058

A165790

APPELLATE JUDGMENT and SUPPLEMENTAL JUDGMENT

James D Huegli, Judge pro tempore.

Submitted on September 07, 2018.

Before Armstrong, Presiding Judge; Tookey, Judge; and Shorr, Judge.

Attorney for Appellant: Linh Thi Minh Tran, pro se.

Attorney for Respondent: Marjorie A. Elken.

AFFIRMED WITHOUT OPINION

DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

Prevailing party:

Respondent

[X] Costs allowed, payable by Appellant.

APPELLATE JUDGMENT and SUPPLEMENTAL JUDGMENT

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section

Supreme Court Building, 1163 State St, Salem OR 97301-2563

Page 1 of 2

MONEY AWARD

Attorney:

Stan the Hot Water Man

Marjorie A. Elken, 5300 Meadows Rd Ste 200, Lake Oswego OR 97035

Debtor:

Linh Thi Minh Tran, pro se

Creditor:

Attorney Fees:

Costs:

$10,246.50

$473.00

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$10,719.50

Total Amount:

Interest: Simple, 9% per annum, from the date of this appellate judgment.

Appellate Judgment

Effective Date: July 15, 2019

Court of Appeals

(seal)

els

APPELLATE JUDGMENT and SUPPLEMENTAL JUDGMENT_________ ________ ___

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section,

Supreme Court Building, 1163 State St, Salem OR 97301-2563

Page 2 of 2

IN THE COURT OF APPEALS OF THE STATE OF OREGON

LINH THI MINH TRAN,

Plaintiff-Appellant,

v.

STAN THE HOT WATER MAN,

Defendant-Respondent.

Multnomah County Circuit Court No. 16CV19058

Court of Appeals No. A165790

ORDER STRIKING EXCERPT OF RECORD

Appellant has tendered for filing a brief containing a voluminous excerpt of record

that includes parts of the transcript, photographs, copies of motions and memoranda,

and one or more compact discs. ORAP 5.50(6) in material part provides:

****

If a self-represented party files an excerpt of record * * * it must

contain only those documents specified in ORAP 5.50(2)(a) and (b), must

contain no other documents, and must otherwise comply with this rule.4

Footnote 4 states:

Under ORAP 6.05(2), cases in which a self-represented party files a

brief are submitted without oral argument by any party. For that reason,

any excerpt of record * * * submitted by a self-represented party shall not

contain any of the documents otherwise required by ORAP 5.50(2)(c) to

. (f) to assist the appellate court in preparing for oral argument.

The court on its own motion strikes appellant’s excerpt on the ground that it does

not comply with ORAP 5.50(6). Appellant shall have 14 days from the date of this order

to file an amended excerpt of record containing only the judgment or order on appeal

and any written or oral rulings by the trial court addressing the issues presented by the

assignment of error, as provided in ORAP 5.50(2)(a) and (b).

The court directs the Appellate Court Administrator to return to appellant the

materials making up the excerpt of record part of appellant’s brief filed on April 14,

L>, TZ&4JL

JAMES W. NASS

APPELLATE COMMISSIONER

5/3/2018 10:44 AM

c: Linh Thi Tran

Marjorie A Elken

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ORDER STRIKING EXCERPT OF RECORD

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section,

Supreme Court Building, 1163 State Street, Salem, OR 97301-2563

Page 1 of 1

IN THE COURT OF APPEALS OF THE STATE OF OREGON

LINH THIMINH TRAN,

Plaintiff-Appellant,

v.

STAN THE HOT WATER MAN,

Defendant-Respondent.

i

Multnomah County Circuit Court

16CV19058

A165790

ORDER ALLOWING ATTORNEY FEES IN PART

Before DeVore, Presiding Judge, and James, Judge.

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In this tort action assigning error to the trial court's grant of respondent’s motion

for summary judgment, respondent, who prevailed on review, seeks attorney fees in the

amount of $17,670. Respondent relies on ORS 20.105 and requests findings under

ORAP 13.10(7). Appellant objects. For the reasons explained below, we allow attorney

fees in the amount of $10,246.50.

Under ORS 20.105(1), in determining whether a party had an objectively

reasonable basis for asserting a particular claim, the primary issue is whether there is

evidence in the record to support the claim - that is, whether the party’s claim is

“entirely devoid of legal or factual support at the time it was made” or, “in light of

additional evidence or changes in the law, as litigation proceeds.” Williams v Salem

Women's Clinic, 245 Or App 476,482,263 P3d 1072 (2011); Lena v. Bottem, 221 Or

. App 241,248,190 P3d 399, rev den, 345 Or 503 (2008). to facilitate adequate,

meaningful review, a "court must enter findings when it either grants or denies a motion

forattomey fees under ORS 20.105." Statenv. Steel, 22 Or Aop 17 42 191 P3d778

(2008), rev den, 345 Or 61£ (2009).

'

...

Here, respondent argues that an award i> proper pursuant to ORS 20.105(1) on

the grounds that respondent is the prevailing party, there is no objectively reasonable

basis fbr appellant’s claims on appeal, and appellant acted in bad faith. Appellant

objects and contends that her appeal was objectively reasonable. She does this by

listing the individual reasons why her complaints were justified. We agree with

respondent and find that appellant’s objections are not well-founded given the totality of

the facts and claims on appeal. Therefore, we award fees to respondent

ORDER ALLOWING ATTORNEY FEES UN PART

REPLIES SHOULD BE DIRECTED TO: Slate Court Administrator. Records Section.

Supreme Court Building, 1163 Stale Street. Salem. OR 97301-2563

Page 1 of 2

PLAINTIFF-APPELANT LINH THI MINH TRAN'S PETITION FOR REVIEW TO OREGON SUPREME COURT

of order denying reconsideration was issued on 01/11/2019 from Oregon court of

appeal , Robyn Ridler Aoyagi, Judge Court of Appeals.

Linh Thi Minh Tran, Plaintiff-Appellant pro se, 12542 SE Capella court, Happy Valley, Oregon 97086.

Email: minhlinhtrn@gmail.com I Page 15 of 19

We have considered the factors set out in 20.075(1} and (2) to determine the

amount of the fee award. The amount requested award is unreasonably high,

particularly given the time and labor required, the nature of the issues, and the results

obtained in this appeal. ORS '20.075(2){a), (d). Accordingly, we award fees in the

amount of $10,246.50.

Respondent is awarded attorney fees in the amount of $10,246.50.

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I

BRONSON D. JAMte

JUDGE, COURT OF APPEALS

12/17/2018 8:13 AM

c: Linh Thi Tran

Marjorie A Elken

bl

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V

ORDER ALLOWING ATTORNEY FEES IN PART

REPLIES SHOULD BE DIRECTED TO: State Court Administrator. Records Section,

Supreme.Court Building. 1163 State Street. Salenx OR 97301-2563

Page 2 of2

PLAINTIFF-APPELANT LINH THI MINH TRAN'S PETITION FOR REVIEW TO OREGON SUPREME COURT

of order denying reconsideration was issued on 01/11/2019 from Oregon court of

appeal , Robyn Ridler Aoyagi, Judge Court of Appeals.

Linh Thi Minh Tran, Plaintiff-Appellant pro se, 12542 SE Capella court, Happy Valley, Oregon 97086.

Email: minhlinhtrn(5)gmail.com I Page 16 of 19

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COUNTY OF MULTNOMAH

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LINH THI MINH TRAN,

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Plaintiff,

v.

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STAN THE HOT WATER MAN,

Defendant.”

) Case No.: 16CV19058

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) GENERAL JUDGMENT OF DISMISSAL

) OF PLAINTIFF’S CLAIMS

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On August 3, 2017, the Court entered an Order granting Defendant’s Motion for Summary

Judgment and dismissing all of Plaintiffs claims.

On August 28, 2017, the Court entered a Judgment - Limited Dismissal in the court register

17 which dismissed, without prejudice and without an award of any fees, costs or disbursement to any

18 party, Defendant’s counterclaims.

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Based on the foregoing, IT IS ADJUDGED that Defendant have judgment on all of Plaintiffs

20 claims against Defendant, and that Defendant is awarded its costs and disbursements in an amount to

21 be determined by supplemental judgment in accordance with ORCP 68.

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Submitted by:

25 Bv: /s/ Mariorie A. Elken________

Maijorie A. Elken, OSB No.: 073368

26 Attorneyfor Defendants

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Page 1 - GENERAL JUDGMENT OF DISMISSAL OF PLAINTIFF’S CLAIMS

Buckley Law, P.C

5300 Meadows Road. Ste 200

Lake Oswego. OR 97035

. Tel: 503-620-8900Fax: 503*620.48?$

CERTIFICATE OF READINESS

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UTCR 5.100(1)

1 hereby certify that on November 17,2017,1 served the foregoing GENERAL JUDGMENT

OF DISMISSAL OF PLAINTIFF’S CLAIMS AND MONEY AWARD on the following

I 6 individual by First Class Mail and email as indicated below:

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Linh Thi Minh Tran

12542 S.E. Capella Court

Happy Valley, Oregon 97086

Email: minhlinhlrn(a)zmail.com

Phone: 503-558-0886

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PlaintiffPro Se

The PLEADING is ready for judicial signature because:

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{" ]

Each opposing party affected by this order or judgment has stipulated to the

order or judgment, as shown by each opposing party’s signature on the document being submitted.

2.

[ ]

Each opposing party affected by this order or judgment has approved the order

or judgment as shown by signature on the document being submitted or by written confirmation of

approval sent to me.

3.

[ X ] On November 17, 2017,1 have served a copy of this order or judgment on all

parties entitled to service and:

a. [ ] No objection has been served on me.

b. [ ] I received objections that 1 could not resolve with the opposing party despite

reasonable efforts to ho so., 1 have filed a copy of the objections I received and indicated

which objections remain unresolved.

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c. [ X ] After conferring about objections, PlaintiffPro Se Linh Thi Minh Tran objects

to the form ofjudgment and has submitted her own proposed form ofjudgment.

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Page 1 - CERTIFICATE OF READINESS

Buckley Law, P.C.

5300 Meadows Road. Ste. 200

Lake Oswego. OR 97035

Tel: 503-620-8900 Fax: 503-620-4878

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4.

[ ]

The relief sought is against an opposing party who has been found in default.

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An order of default is being requested with this proposed judgment.

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Service is not required pursuant to subsection (3) of this rule, or by statute,

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P ^ rule, or otherwise.

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This is a proposed judgment that includes an award of punitive damages and

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7 subsection (4) of this rule.

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notice has been served on the Director of the Crime Victims’ Assistance section as required by

DATED this 17th day of November, 2017.

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9 BUCKLEY LAW P.C.

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By:

/s/ Marjorie A. Elken_______ __

Marjorie A. Elken, OSB No. 073368

5300 Meadows Road, Suite 200

Lake Oswego, Oregon 97035

Phone: 503-620-8900

Email: mae@buckley-law.com

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Attorneyfor Defendants

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Page 2 - CERTIFICATE OF READINESS

Buckley Law, P.C

5300 Meadows Hoad, Sle. 200

Lake Oswego. OP 97035

Tel: 503-620-8900 Fax: 503-620-4878

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CERTIFICATE OF SERVICE

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I hereby certify that I served this GENERAL JUDGMENT OF DISMISSAL OF

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f 3 PLAINTIFF’S CLAIMS certified by me as such, on the following person by mailing, with postage

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paid, and deposited in the post office, addressed to said persons, with a courtesy copy by email, as

S 5 follows:

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Linh Thi Minh Tran

12542 S.E. Capella Court

Happy Valley, Oregon 97086

Email: minhlinhlrn(a)email. com

Phone Se: 503-558-0886

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Plaintiff Pro Se

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DATED this 17th day of November, 2017.

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BUCKLEY LAW, P.C.

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By:

Is/ Marjorie A. Elken_____________

Marjorie A. Elken, OSB No. 073368

mae@buckley-law.com

Samuel V. Rayburn, OSB No. 144115

svr@buckley-law.com

5300 Meadows Rd., Suite 200

Lake Oswego, OR 97035

Tel: (503) 620-8200/Fax: (503) 620-4878

Of Attorneys for Defendant

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Page 1 - CERTIFICATE OF SERVICE

Buckley Law, P.C.

5300 Meadows Road, Sle. 200

Lake Oswego, OR 97015

Tel: 503-620-8900 Fax• 503-620-4878

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Additional material

from this filing is

available in the

Clerk's Office.