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MUKAI LIVING TRUST v. LOPEZ

CCV0212141; A122795.

111 P.3d 1150 (2005)

199 Or. App. 341

The MUKAI LIVING TRUST DATED DECEMBER 8, 1997, Respondent, v. Abe LOPEZ, Appellant.

Court of Appeals of Oregon.

Decided April 27, 2005.

Attorney(s) appearing for the Case

Richard S. Pope, Portland, argued the cause for appellant. With him on the briefs were Kjersten H. Turpen and Newcomb, Sabin, Schwartz & Landsverk, LLP.

H. Lee Cook, Portland, argued the cause for respondent. With him on the opening brief was Stewart Sokol & Gray, LLC. With him on the reply brief was Nadya V. Martin.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Plaintiff, a trust that owns a house in Lake Oswego, brought an action to eject defendant, the house's occupant, and for back rent. Defendant answered that, under the terms of an oral agreement with the owner's predecessors, he was entitled to occupy the house during his lifetime. He also counterclaimed in quantum meruit to recover the cost of improvements. The court granted plaintiff's motion for summary judgment on the ejectment claim and entered...

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