Souza v. Administration of the Public Employees' Retirement System CA3

No. 533 June 11, 2025 283 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON Jill BONG, Plaintiff-Appellant, v. OREGON DEPARTMENT OF JUSTICE and Oregon Attorney General, Defendants-Respondents. Douglas County Circuit Court 23CV45434; A185121 Jason R. Thomas, Judge. Submitted May 12, 2025. Jill Bong filed the briefs pro se. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondents. Before Aoyagi, Presiding Judge, Egan, Judge, and Joyce, Judge. AOYAGI, P. J. Affirmed. 284 Bong v. Dept. of Justice AOYAGI, P. J. In March 2023, petitioner filed a federal action that included claims against the former governor of Oregon and the former director of the Oregon Health Authority (OHA) in their individual and official capacities. A senior assistant attorney general (AAG) from the Oregon Department of Justice (DOJ) appeared on behalf of the former governor and the former OHA director in both their individual and official capacities. Petitioner challenged the AAG’s authority to appear for the defendants in their individual capacities. The federal court rejected that challenge. Petitioner then filed this state court action against the Oregon Attorney General and the DOJ, challenging their authority to defend former or current state officials, officers, or employees in their personal capacities in specified circumstances. The circuit court held a stipulated facts trial and ultimately dismissed the case on two grounds: (1) that petitioner lacked standing to object to what lawyer rep- resents her opponents in court, for reasons detailed at length in the court’s letter opinion, and (2) that any complaint about the qualifications or status of another party’s lawyer should be directed to the court in which that lawyer is appearing— here, to the federal court, which had already rejected petition- er’s challenge to the AAG’s representation—rather than being raised in a separate action in a different court. On appeal, petitioner contends that the circuit court erred in dismissing her state court action. In five assign- ments of error, she challenges the court’s ruling, arguing that she has standing, that the court misframed the issue, that the court improperly resurrected a waived claim-splitting defense, that the court’s second basis for dismissal was wrong, and that the court had authority to issue an injunc- tion in this case. The state responds that the circuit court properly dismissed the case, because petitioner met none of the elements of standing, and because the circuit court could not be required to direct proceedings in a federal dis- trict court as petitioner sought. Having reviewed the record and considered the parties’ arguments, we agree with the state that the trial court did not err in dismissing the action. Petitioner failed Nonprecedential Memo Op: 341 Or App 283 (2025) 285 to establish standing, which is dispositive. Accordingly, we affirm. Affirmed.

No. 517 June 4, 2025 175 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON Kevin J. LEE, Petitioner, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent. Department of Consumer and Business Services INS190008; A182238 Argued and submitted April 1, 2025. Kevin J. Lee argued the cause and filed the briefs pro se. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-deCoursey, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge. HELLMAN, J. Affirmed. 176 Lee v. DCBS HELLMAN, J. Petitioner, appearing pro se, seeks judicial review of a final order of the Department of Consumer and Business Services (DCBS) that revoked his insurance licenses and assessed civil penalties. On judicial review, petitioner argues that the final order is not supported by substantial evidence. We affirm. “We review an agency’s order in a contested case for errors of law, ORS 183.482(8)(a), substantial evidence, ORS 183.482(8)(c), and substantial reason.” Dorn v. Teacher Standards and Practices Comm., 316 Or App 241, 243, 504 P3d 44 (2021). “Substantial evidence exists to support a find- ing of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.” ORS 183.482. “Substantial reason exists where the agency has articulated a rational connection between the facts and the legal conclu- sion that the agency draws from them.” Dorn, 316 Or App at 243 (internal quotation marks omitted). “Our review is restricted to the record.” Id. (citing ORS 183.482(7)); see also ORS 183.417(9) (defining “[t]he record in a contested case”). A detailed recitation of the facts would not benefit the bench, the bar, or the public. Petitioner held securities sales, insurance provider, and insurance consultant licenses in Oregon for several years. In 2017, the Federal Industry Regulatory Authority (FINRA) contacted petitioner to determine if he had violated any federal securities laws when he provided investment advice to his former neigh- bors. In 2018, petitioner filed a resident insurance license renewal application with the state and represented that he had not “been named or involved as a party in an adminis- trative proceeding, including FINRA sanction.” DCBS sub- sequently alleged that petitioner “act[ed] as a state invest- ment adviser in Oregon without a state investment license,” provided “misleading information” on his insurance license applications by not disclosing the FINRA investigation, and that he engaged in “fraudulent, coercive, or dishonest prac- tices.” At the contested hearing, the daughter of petitioner’s former neighbors, petitioner, and a DCBS financial enforce- ment officer testified, and the administrative law judge (ALJ) received into evidence numerous exhibits offered by Nonprecedential Memo Op: 341 Or App 175 (2025) 177 each party. The ALJ ruled in favor of DCBS and issued a proposed order. DCBS adopted the ALJ’s proposed order as the final order. We have reviewed each of petitioner’s 18 separate arguments concerning the final order and conclude that petitioner presents no basis to reverse. Many of petitioner’s arguments dispute DCBS’s interpretation of the facts, but we do not reweigh evidence on appeal. See Gaylord v. DMV, 283 Or App 811, 822, 391 P3d 900 (2017) (“When in a review role, a court does not review for the better evidence.”). Many of petitioner’s arguments also depend on his testimony— which DCBS found not credible—and we do not revisit cred- ibility on appeal. See id. (“A substantial evidence review does not entail or permit the reviewing tribunal to reweigh or to assess the credibility of the evidence that was presented to the fact-finding body.” (Internal quotation marks omitted.)) And petitioner’s arguments do not establish that DCBS committed any legal error in its analysis. In sum, substan- tial evidence supports DBCS’s findings of fact, and the order provides substantial reason for its conclusions. Petitioner has not demonstrated any legal error on DCBS’s part. Affirmed.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE NATURAL GAS SERVICES No. 08-25-00157-CV GROUP, INC. and CHARLES A. PEREZ, § AN ORIGINAL PROCEEDING Relators. § IN MANDAMUS § § MEMORANDUM OPINION Relators Natural Gas Services Group, Inc. and Charles A. Perez filed an unopposed motion to dismiss this proceeding indicating that the controversy between the parties has been resolved and the original proceeding is therefore moot. In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings[.]”). Accordingly, we lift the stay previously imposed and dismiss the petition for writ of mandamus as moot. LISA J. SOTO, Justice June 17,2025 Before Salas Mendoza, C.J., Palafox and Soto, JJ.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE NATURAL GAS SERVICES No. 08-25-00157-CV GROUP, INC. and CHARLES A. PEREZ, § AN ORIGINAL PROCEEDING Relators. § IN MANDAMUS § § JUDGMENT The Court has considered this cause on the motion to dismiss. We grant the motion and dismiss the petition for writ of mandamus as moot. This decision shall be certified below for observance. IT IS SO ORDERED this 17th day of June 2025. LISA J. SOTO, Justice Before Salas Mendoza, C.J., Palafox and Soto, JJ.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE 08-25-00148-CV § AN ORIGINAL PROCEEDING RITA ELIZABETH JONES, IN MANDAMUS INDIVIDUALLY and ON BEHALF OF THE ESTATE OF ESTELA TIBUNI ROMANO, § DECEASED, A/K/ ESTELLA TIBUNI ROMANO, STELLA TIBUNI ROMANO § Relator. § JUDGMENT The Court has considered this cause on the motion to dismiss. We grant the motion and dismiss the petition for writ of mandamus. We further order Relator to pay all costs of this appeal and this decision to be certified below for observance. IT IS SO ORDERED this 17th day of June 2025. MARIA SALAS MENDOZA, Chief Justice Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)