MOTION TO DISMISS Case No. 19CR45438

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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF KLAMATH
Honorable Judge: Bunch, Dan

Case No. 19CR45438

STATE OF OREGON,
Plaintiff,

vs.

JAMES CHARLES GARLAND
Defendant.

COME NOW Defendant(s) James Charles Garland aka Tulelake News who move to dismiss the Plaintiff’s Claims for Relief in the Citation and Complaint (#124459) for failure to state a claim pursuant to Oregon Revised Statutes Property Rights and Transactions § 96.010. The Defendants certify that, pursuant to 2017 ORS 96.010¹ if the city need to figure out who would pay the cost of the side walk where would that property line be located. Since the city has no records of the property line that exists between the city of Klamath Falls and the owner Linda M. Bogatay owner of Block- 19 Lot- 3 & 4 POR 2 (See Attachment A) LAKE PARK LLC.

FACTS The Complaint alleges cause of action: (a) the Plaintiff has no idea where the property line exists without having a survey done at Plaintiff's expense or shift the burden of proof to the defendant, which would be an unfair burden for the defendant to carry.

ARGUMENT

Title VII claim

Burden of proof: The Plaintiff has the burden of production to come forward with facts demonstrating a prima facie case of the existence of said property line in order for the defendant to be charged legally with a citation of 2017 ORS 164.245¹ Criminal trespass in the second degree.

CONCLUSION

For the foregoing reasons the Defendants’ Motion to Dismiss should be granted and the Claims for Relief should be dismissed.

Dated: _______

Respectfully submitted, _______________________

(See Attachment A)

Related links:

1. You win some and you lose some. 42 U.S. Code § 1983. Civil action for deprivation of rights

2. Accused of Trespass by Clyde Long of Lake Park Towers

3. Abuse of Seniors and the Disabled by Management in Klamath Falls, Oregon

4. MOTION TO DISMISS Case No. 19CR45438

5. Linda M. Bogatay Lake Park Towers owner allows employees to yell and scream at people over sitting on a bench at 203 Main Street

James Garland of Tulelake News
Send sources on local and national news:
Email: tulelakenews@yahoo.com
Cell # (530) 708-7852

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TheRealRocks4me YouTube Channel ---> Here

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