Summons

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLACKAMAS Case No. 23CV16604 SUMMONS CHIMCARE HOME SERVICES, LLC, an Oregon limited liability company, Plaintiff, v. ROBERT J. MONTES, an individual; JOHN EPHREM; an individual; and DOES 1 through 100, Defendants. TO: JOHN EPHREM, of the above-named Defendants. YOU ARE HEREBY REQUIRED to appear and defend the Complaint filed against you in the above entitled cause within thirty (30) days from the date of first publication of this summons upon you. If you fail to appear and defend, the Plaintiff(s) will apply to the court for the relief demanded in the complaint, and shown below. SUMMARY STATEMENT: Plaintiff’s claim is related to the sale of certain motor vehicles, as agreed to by Defendants, the purchasers of said vehicles, in a contract of sale dated February 28, 2023, for the agreed upon amount of $100,000. Defendants made partial payments totaling $35,560.22, leaving a principal balance unpaid and due in the amount of $64,439.78. Despite repeated demands made of Defendants, the balance remains unpaid. PLAINTIFF’S PRAYER FOR RELIEF: 1. For judgment against Defendants, and each of them, jointly and severally, on Plaintiff’s First Claim for Relief for fraud, in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 2. For judgment against Defendants, and each of them, jointly and severally, on Plaintiff’s Second Claim for Relief for unlawful trade practices, in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 3. For judgment against Defendants, and each of them, jointly and severally, on Plaintiff’s Third Claim for Relief for conversion, in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 4. For judgment against Defendants, and each of them, jointly and severally, on Plaintiff’s Fourth Claim for Relief for civil conspiracy, in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 5. For judgment against Defendant Montes on Plaintiff’s Fifth Claim for Relief for breach of contract, in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 6. In the alternative, for judgment against the Defendants, and each of them, jointly and severally, on Plaintiff’s Sixth Claim for Relief for unjust enrichment in the principal amount of $64,439.78, plus prejudgment and post-judgment interest thereon at the statutory rate until paid in full; 7. For an award of Plaintiff’s attorneys’ fees, costs and disbursements incurred herein on each of Plaintiff’s claims wherein Plaintiff is entitled to recover such fees and costs; and, 8. For such other relief as the Court deems just, equitable, and proper under the circumstances. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY You must appear in this case or the other side will win automatically. To appear you must file with the court a legal document called a motion or answer. The motion or answer must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the Plaintiff’s attorney or, if the Plaintiff does not have an attorney, proof of service on the Plaintiff. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636. BUCKLEY LAW P.C. By: Craig F. Robinson, OSB No. 112844 cfr@buckley-law.com 5300 Meadows Road, Suite 200 Lake Oswego, OR 97035 Of Attorneys for Plaintiff Published July 25, Aug. 1, 8 & 15, 2023. BT296802

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