« AGAIN OREGON COURTS CLOSE | Main | Table of Contents »


This story is true. It involves someone I know. It provides a vivid reflection of the dysfunction of our legal system. It demonstrates why three (3) of the six (6) concepts of my Model Legal System are needed. Here you will read of the simple tale of a small landlord-tenant dispute in which the landlord received an award in the grand sum of $345 from the trial judge. But, because landlord disputes take on the vicious characteristics of a family law dispute, this particular case received the attention of the Court of Appeals. It didn't stop there. Then the State Supreme Court provided their thirteen (13) page opinion. It didn't stop there..............How many angels dance? Can you tell me the sums?

Barbara Parmenter is a crazy litigating lady with money. She is a legend in her own mind. There is nobody in Lane County Circuit Court that doesn't know of her. There are a few at the Oregon State Bar Association that have been irritated by the burr of her irrational, contentious personality. The Texas Bar Association is aware of her. Even Iowa. Ms. Parmenter has hired and fired more lawyers than Perry Mason has had clients.

Let's go back to my Model Legal System:

1. My Model Legal System #1 says the law should be simple and available for both Barbara and her tenants, the Lemons. Neither landlords nor tenants should have to resort to lawyers to resolve rental disputes. Landlord/tenant cases become even more contentious because there is a cottage industry of creepy lawyers who hang around eviction court waiting to pounce on unsuspecting landlords based on small technicalities of landlord/tenant law for a shot at attorney fees. Meanwhile, these bottom-feeder lawyers could care less about the fortunes of their clients, the tenants.

2. A landlord with money, like Ms. Parmenter, can punish people through the court system. My Model Legal System #2 opines that there should be mandatory alternate dispute resolution (ADR) systems outside the court system to resolve these disputes. Most landlord/tenant disputes are simple (though the law is complex) and could be resolved easily through a mandatory system of evaluative mediation. Now, ADR is relegated to a voluntary system AFTER one party or the other has already filed suit. Psychologically, when one files suit, they think they are in the driver's seat as Ms. Parmenter did here. Disputes should have a non-legal forum (inplace now in many cities like Portland's Neighborhood Dispute Resolution system).

3. Finally, The Model Legal System #3 states that if a matter can't be resolved through ADR systems, then trial courts should be efficient and objective, so truth can emerge through predictable, routine application of the law to the facts.

This is the fulcrum. And, currently it is an open abyss with no bottom as the litigated portion of Ms. Parmenter and the Lemon's case demonstrates. In short, the landlord-tenant law is a hopelessly complex tangle of "...if....then" syllogisms that would confuse ten Philadelphia lawyers. Existing landlord/tenant law should be tossed out in its entirety and rewritten by regular citizens with lawyers restricted to being hall monitors.

Now, let's trace what happened in trial court. As you contemplate what happened here, consider the social cost of providing these tax paid judges (who just got a raise) spending all this time on a $345 dispute. The trial court split the baby. The judge said both sides had engaged in pouring gasoline on the litigation fire and gave Ms. Parmenter $345 and the Lemons $1,000 in a complex written decision. Yes, but what about their attorney fees? Wow, there is the rub!

Again, splitting the baby, the trial judge said neither side gets their attorney fees. The tenants appealed and the Court of Appeals agreed with the trial court judge, in the main. That did not please the tenants, so they appealed to the State Supreme Court.

Permit me a personal note. First, consider I have been trying to get the State Supreme Court to take select meritorious cases for twenty (20) years with no luck. They don't even tell you why, they just say "Petition on Review" denied. In a 2008 study, the University of Chicago Law School found the Oregon Supreme Court is one of the least productive high courts in the nation. Yet, they take this $345 dispute? Yes, they do.

 Wouldn't you expect that this $345 matter would end there? Not on your life. The State Supreme Court ruled that this case must be sent back to the Trial Court after discussing the eight factors the Trial Court used to decide who wins. The State Supreme Court decided that only four of the eight Trial Court's reasons were "permissible". So, now this $345, five year old dispute has come full circle without resolution, courtesy of our wonderful legal system.

By the way -- how much are the attorneys wanting in this case? At the end of the Court of Appeals case they wanted a cumulative amount of about $80,000. Our legal system is sick and needs a whole-body transplant.! The landlord/tenant arena is a perfect place to start.

Posted on Saturday, February 28, 2009 at 11:38AM by Registered CommenterLAUREN PAULSON | Comments7 Comments | References6 References

References (6)

References allow you to track sources for this article, as well as articles that were written in response to this article.
  • Response
    Thanks for sharing the information. That’s a awesome article you posted. I found the post very useful as well as interesting. I will come back to read some more.
  • Response
  • Response
    Response: 压瓦机沧州
    这 小时钟 是新建文章 21.html,小时钟,688楼承板,请修 688楼承板 改添加正文内容,给青年三个人生药方,天沟地槽机,角驰3 给青年三个人生药方 。
  • Response
  • Response
  • Response
    Response: my explanation

Reader Comments (7)

Bodum is a renowned coffee maker and Bodum always reminds about the French press. Being new in the market its models with varied features are making a specify in the elite conspire of coffee grinders. Their smart designs, purchaser on good terms earmark, and benevolent quality and inimitable multiple operating applications make these grinders favorite of all past in default the world.

These devices proffer great relations exhibition as these are made of persistent materials. In container of any puzzle in any of the parts you are not left-wing solitarily as the company has magic detailed departments that fix or repair or demand help immediately. Like all other grinders this brand also entertain opposite types, styles and models of grinders accessible in the market.

The Bodum grinders come in two special flavors which includes burr and blade. The rather playboy ones rely on spinning the blades to again mash the beans. These are not merest expensive and are lenient to keep in service and gets easily cleaned-up. These blade grinders put together straight the upon type of extracts which is top-priority while using a damper coffee maker, as this vogue of brewer does not be short of altogether satisfactory or unambiguously unalterable consistency. The Bodum burr grinders grind at exclusively equal time between grooved metal twisted disks. This typeface is more expensive, bigger in assay and more costly compared to the ladies' man grinder.

Here are some of the Bodum coffee grinder types:
Instructions Bodum Grinders: These types of devices are very simple to use. Lone has to altogether load the beans into the bowl and then modify the crank to slave away the beans and recount this function to gain newfangled coffee then and again.

Bodum Electric Grinders: The exclusively difference in this genus and instructions keyboard is it has a motor to throw out the lack to manual crank the beans. The moving motor here is clever sufficiency to effect pass‚ the concern of grinding. The development is the unvarying with this keyboard that is of loading the beans into the grinding wheel and forgive the apparatus steer until the matrix bean and repeat if necessary.

Bodum Coffee Grinder Models:
Bodum Tense Sabre C-Mill: This electric grinder is operational with a individualistic and robust motor that grinds the beans. The grinding answer of the C-Mill is impartial incomparable where the beans are not only crushed but are also slashed in an estimated span period. This mode becomes the deciding factor of the inclination of the coffee. This selective typeface provides grinding dimensions of 1.6 oz at a formerly which is relatively regular to eight cups.

Bodum Antigua Grinder Charged Burr Transcribe: This grinder possesses a personality of an trained conical burr grinder. With harmonious ' features this variety cuts the beans inspite of crushing them. In this process the verified hint and sample is artistically preserved. The Bodum Antigua burr grinder is outfitted with superior settings that allow the alcohol diversified adjustments for different levels of grinding.

Bodum Venice Grinders: This font of grinder consists an adjustable grinding straight control choice and is a enchiridion coffee grinder. Its construction is done with a mingle of materials that subsume stainless brace and soft and its grinding capacity is up to 8 cups at a time.

Bodum coffee grinders affect momentous grounds in return the press. This is why if you enjoy one, it would in point of fact be fine to ruminate on having a Bodum coffee grinder to suit your press.

January 9, 2011 | Unregistered CommenterBodum

My third son’s intensity, energy and impulsivity were unusually high for a toddler, and much to my dismay, did not show clear signs of abating even when he was three and four. His behavior included destructiveness and well-aimed biting, kicking and hitting. My long-awaited baby was a hard-to-deal-with handful. I was overwhelmed, angry, embarrassed and hurt. How could the little one I loved so much be so uncivilized, when his older brothers had responded so well to the guidance lovingly offered by my husband and me? Now at age five, Tom remains more difficult than some children his age, but his steps toward self-control have gradually become apparent and left me with greater wisdom. I can look back over my years of learning from him and see a number of strategies that helped me cope and helped him improve.
Weight loss pills | Quick weight loss | Caralluma Fimbriata

June 14, 2011 | Unregistered Commentercarababe

hey...nice and very informative article..you advice is excellent..
thanks for sharing with us such a great and lovely information..

SEO Orlando | SEO Tampa | SEO Miami

June 23, 2011 | Unregistered CommenterSeo-orlando

I really differ with a lot of people in this article, given that I noticed this blog article I couldn't stop before I finished, even though it was not merely what I'm hunting for, was nevertheless a great look over however. I will quickly consider your blog feed to keep in touch of future updates.
Roofing Jacksonville | Roofer Jacksonville | Metal Roofing Jacksonville

June 27, 2011 | Unregistered CommenterRoofing Jacksonville

Good post once again...I am following your blog regularly and got great information. I really like the tips you have given. Thanks a lot for sharing. Will be referring a lot of friends about this. Keep blogging
Bible Audio

June 29, 2011 | Unregistered CommenterBible Audio

Ahead of votes Tuesday on propositions meant to address California's serious budget woes, Gov. Arnold Schwarzenegger is pleading with voters not to make the state a "poster child for dysfunction" by rejecting the measures.

As the Los Angeles Times writes, the governor on Sunday "implored" voters not to reject the propositions.

Schwarzenegger has previously warned that California's budget deficit could exceed $21 billion if the proposition go down to defeat. Even with the measures, though, the deficit is still projected to come in around $15 billion.

Only about 25% of eligible voters are expected to cast ballots tomorrow, according to the Times. Forces on both sides of the debate have raised millions to push their views. KCBS reports that:

Ocala | Bathroom Remodeling Ocala |Window Replacement OcalaKitchen Remodeling

This story from The Economist has a nice summary of the six ballot initiatives that California voters will decide on tomorrow. The situation is comical when viewed in these terms.
IMAGE Of course, it probably won't be that funny come Wednesday morning if massive ad campaigns fail to turn things around, presenting the state with a $6 billion larger budget gap than the one legislators were counting on when an agreement was finally reached in February.

Then again, considering that the state is falling further behind at a rate of somewhere around $3 billion a month, in the scheme of things, the extra $6 billion may not be that significant.

The LA Times reports that Gubernator Arnold Schwarzenegger is out pressing the flesh in the run up to tomorrow's special election, hoping to avoid the dubious distinction of confirming what much of the rest of the country already knows - without either a technology bubble or a housing bubble, the state is ungovernable and completely dysfunctional.

mood ring

July 13, 2011 | Unregistered Commentermood ring

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>