7/13/21, 11:55 AM
“I AM GOING TO KICK HER ASS, I AM GOING TO KILL HER”
On July 7, 2021, Ranch Matters published a report titled, CRR SUED regarding a recent lawsuit filed against Crooked River Ranch Club & Maintenance Association.
Our report included the following message posted on CRR’s Website:
“Please be advised that a lawsuit has been filed against Crooked River Ranch Club & Maintenance Association in Jefferson County, Case Number 21CV 23519. On advice of counsel the BOD cannot comment on the details or merits of the pending litigation.”
LISA ANDREWS, an Individual, Plaintiffs
CROOKED RIVER RANCH CLUB & MAINTENANCE ASSOCIATION, an Oregon Non-Profit Organization,
Case No: 21CV 23519 (ATTACHED)
On June 9, 2021, the above captioned case was filed in Jefferson County Circuit Court by plaintiffs attorney Matthew L. Mohill. Mr. Mohill’s Complaint alleges: “Negligent Breach of Confidentiality; Breach of Confidentiality and he’s seeking $965,000.
In a nutshell, the plaintiff and her partner, Ian Kurtz, were having some issues with one of their neighbors and filed a CC&R Complaint against that neighbor. The lawsuit involves the CC&R Complaint Process and in particular the Associations duty to maintain confidentiality when a complaint is filed.
On June 29, 2020, the plaintiff filed her complaint only after being assured by the Ranch Association that her contact information would remain confidential.
ASSURED OF CONFIDENTIALITY?
According to the lawsuit, on July 1, 2020, “the neighbor to whom Ms. Andrews’ and Mr. Kurtz’s complaint was directed, the domestic partner of Mr. Kelly Davis, came to Ms. Andrews door while Mr. Kurtz was at work. The neighbor was screaming and yelling, cursing, threatening, and banging on Ms. Andrews’ and Kurtz’s front door while trying to open it. Ms. Andrews heard the neighbor screaming ‘I AM GOING TO KICK HER ASS, I AM GOING TO KILL HER.’ The neighbor was also joined by another person…”
Following the above, the plaintiffs received a text message from the neighbor confirming the Ranch Association released their confidential information triggering the alleged confrontation.
The lawsuit does not identify who, if true, at the Association level might have allegedly released the plaintiffs confidential information.
WHAT WE DO KNOW
We do know the CC&R Review Committee composition included the following people in June 2020: Chairman Bill Stoughton, Vice Chair Gail DesBrisay, Ranch Manager, Judy Lapora, Ranch Administrative Assistant, Kara Burkhart, Pat Kelley, Judy Lake, Judy Price, Jeanette Shelly and Board of Director Liaison, MARK SCHNEIDER.
SCHNEIDER is the current Chairman of the CC&R Review Committee.
Interestingly, CRR’s Policy & Procedure Handbook, Section 4.11, addresses Ranch Committee Members responsibilities involving confidential and sensitive information. According to Policy, “Every committee member is responsible for maintaining confidentiality of sensitive or personal information gained due to his or her membership on a committee. This may include information about other Association members, members of the Board, staff or other confidential information gained as a committee member and must be held in the strictest confidence. Failure to do so may result in removal from the committee by action of the committee or the Board.”
Section 15 (A) of the Policy Handbook states in part, “The identity of the complainant will be held confidential.”