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Server Trespass, Litigation Privilege Property Invasion, Damages, Trespass

Discussion in 'Criminal Charges' started by AFAF, Feb 6, 2021.

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  1. AFAF

    AFAF Law Topic Starter New Member

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    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.
     
    Last edited: Feb 19, 2021
  2. Redemptionman

    Redemptionman Active Member

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    ^ that is insane but it does fall in line with the banana republic of Oreganie

    It is illegal to block a county road in almost all states if that county road is maintained by the local road departments. Access should not be block just because someone places a 'No Trespass' sign on the end of the road. That makes no sense as affirmative defense to refuse right of access to a state or county road being maintained by tax dollars.

    Of course you are talking about a state whereby they allowed parts of their major urban city to be annexed into a 'No Police' zone. The Civil Plaintiffs are really in a disadvantage in that state.
     
  3. mightymoose

    mightymoose Moderator

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    Will this just got even more silly. I had thought you were the one who actually served the papers on the property.
     
  4. army judge

    army judge Super Moderator

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    Hmmmmm...

    Aha.....
     
  5. AFAF

    AFAF Law Topic Starter New Member

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    And, this is exactly why I presented a simplified version of the facts, since "THE LAW" seems to confuse everybody here. I sincerely apologize for my ignorance that this cite was actually about, "THE FACTS."

    Too confusing and violates TOS...
    Common law imputing authorized act by agent to principle;
    Difference between ORCP 7 and 9 [service of summons / filed papers] ;
    Neither ORCP 7 nor 9 require special authority, conditions, insurance, bond, etc.;
    Being civil plaintiff and criminal defendant in TWO different cases;
    Erroneous assumption about "maintained" county road;
    Nobody able to address "THE LAW" regarding litigation privilege, why DA would flatly ignore it and attack civil plaintiff -- at behest of civil defendant trying to do an end-run and obstruct hearing civil litigation on merits.

    Yes, rural justice at its finest in the Ora-GUN club.
     
    Last edited: Feb 23, 2021
  6. adjusterjack

    adjusterjack Super Moderator

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    I just watched that movie this week. Very disturbing.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    So did I. My wife and I were looking forward to an ending where Dinkliges's character ended Pike's character and my wife was pissed until the very end.
     
  8. Red Kayak

    Red Kayak Well-Known Member

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    Perhaps this is why your lawyer is unhelpful as well.

    Stick to clear and direct statement of facts.
    Stop quoting and commenting.

    You are baffling people with BS, thereby shooting yourself in the foot.

    As an aside, why are you having this person served? i.e. what is the nature of the legal action requiring that this woman be served?
     
    shadowbunny likes this.
  9. AFAF

    AFAF Law Topic Starter New Member

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    LOL ROTF!!!
    I'm criticized for simplifying things to people who are NOT my lawyer, and have not said a single word about litigation privilege -- yet you want me to explain even more complexity about a third party action...

    If these cases were simple enough for a fifth grader, then they would have already been resolved.

    This site is an absolute joke.
    Most of you are fishing for a waiver of lawyer-client privilege.
    Do you even know the difference between a lawyer and an attorney?
     
  10. Zigner

    Zigner Well-Known Member

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    Refunds are available at the front desk. Watch the door as you leave, it swings quickly.
     
    justblue, Red Kayak and shadowbunny like this.
  11. adjusterjack

    adjusterjack Super Moderator

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    And it's run its course and is locked.
     
    Last edited: Feb 24, 2021
    Red Kayak likes this.

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