No. 18-5943

Linh Thi Minh Tran v. Kathy Hung Pham, et al.

Lower Court: Oregon
Docketed: 2018-09-12
Status: Denied
Type: IFP
IFP
Tags: attorney-fees civil-rights clear-and-convincing-evidence costs-and-fees due-process elder-care guardianship guardianship-petition medical-decision-making mental-health standing trial-court-error
Latest Conference: 2018-10-26
Question Presented (from Petition)

Did the trial court err in ruling General Judgment of Dismissal the Guardianship Petition filed by Linh Thi Minh Tran with prejudice?

Did the trial court err in ruling that as a matter of law when it said that appellant Linh Thi Minh Tran has failed to establish by clear and convincing evidence that any guardianship is necessary as a means of providing continuing care and supervision of the Respondent Minh Duy Tran?

Did the trial court err in ruling that as a matter of law appellant Linh Thi Minh Tran is not a suitable person to be appointed guardian of the Respondent Minh Duy Tran?

Did the trial court err in ruling that as matter of law when it supported respondent Kathy Hung Pham who is mental health severe ill continue makes health care decisions for respondent Minh Duy Tran?

Is Petitioner Linh Thi Mirth Tran appropriate person to be guardian for Respondent Minh Duy Tran?

Did the trial court err in ruling that as matter of law respondent Minh Duy Tran shall pay costs and attorney fees for his attorney appointed by court, Frederic Cairn, OSB 781604 when respondent Minh Duy Tran does not have any income?

Did the trial court err in mliiig that as matter of law when it granted supplemental judgmer for attorney fees is $7,564.59 in favor of Fr to against petitioner Lith Thi Minh Tran?

Is the Court of Appeals' decision affirmed without opinion with the trial court's decision appears to be error results in a serious or irreversible injustice or in a distortion or misapplication of a legal principle?

Is this case or questions presented on review have importance and must require decision by the Supreme Court of The United States?

Question Presented (AI Summary)

Did the trial court err in dismissing the guardianship petition with prejudice?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-09-25
Brief of respondent Minh Duy Tran in opposition filed.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Linh Thi Minh Tran
Linh Thi Minh Tran — Petitioner
Minh Duy Tran
Frederic Ernest CannCann Lawyers PC, Respondent