AMERIVEST FINANCIAL, LLC v. MALOUF

080201987; A144457.

328 P.3d 739 (2014)

263 Or. App. 327

AMERIVEST FINANCIAL, LLC, Plaintiff-Appellant Cross-Respondent, v. Lewis P. MALOUF; and Charles Financial, LLP, Defendants, and Daniel Dirk Coddington; Golden Summit Investors Group, Ltd; Michael Scott Mooney; and Fountainhead Funding Corporation, Defendants-Respondents, and Pacific Northwest Title and Escrow Company; Robert Taurosa; Ideal Settlements; and Michael A. Amato, Defendants-Respondents Cross-Appellants.

Court of Appeals of Oregon.

Decided June 4, 2014.


Attorney(s) appearing for the Case

Peter Hawkes argued the cause for appellant-cross-respondent. On the briefs were Thomas W. Sondag and Lane Powell PC.

Timothy R. Volpert argued the cause for respondent-cross-appellant Pacific Northwest Title and Escrow Company. With him on the answering-cross-opening brief was Davis Wright Tremaine LLP. On the joint reply brief on cross-appeal were Timothy R. Volpert and Davis Wright Tremaine LLP, and Wendy M. Margolis and Cosgrave Vergeer Kester LLP.

Thomas W. Brown argued the cause for respondents-cross-appellants Robert Taurosa, Ideal Settlements, and Michael A. Amato. With him on the answering-cross-opening brief were Wendy M. Margolis and Cosgrave Vergeer Kester LLP. On the joint reply brief on cross-appeal were Timothy R. Volpert and Davis Wright Tremaine LLP, and Wendy M. Margolis and Cosgrave Vergeer Kester LLP.

Michael Scott Mooney and Daniel Dirk Coddington filed the joint brief pro se.

Robert S. Banks Jr. , and Banks Law Office, P.C., filed the brief amicus curiae for North American Securities Administrators Association, Inc.

No appearance for respondent Golden Summit Investors Group, Ltd.

No appearance for respondent Fountainhead Funding Corporation.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


ARMSTRONG, P.J.

Amerivest Financial, LLC, appeals a general judgment for defendants that the court entered after a jury trial. Amerivest assigns error to the trial court's rulings on cross-motions for summary judgment, in which the court concluded that neither an investment program nor individual senior life policy settlements constituted investment contracts and, therefore, were not securities under Oregon law. Amerivest also assigns error to the admission into evidence...

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