James E. Jacobson, Jr. v. AH Gresham Park, LLC; AH Albion House, LLC; TMG Property Management Services NW, LLC; and Atlas Property Management

CourtDistrict Court, D. Oregon
DecidedDecember 31, 2025
Docket3:25-cv-01006
StatusUnknown

This text of James E. Jacobson, Jr. v. AH Gresham Park, LLC; AH Albion House, LLC; TMG Property Management Services NW, LLC; and Atlas Property Management (James E. Jacobson, Jr. v. AH Gresham Park, LLC; AH Albion House, LLC; TMG Property Management Services NW, LLC; and Atlas Property Management) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James E. Jacobson, Jr. v. AH Gresham Park, LLC; AH Albion House, LLC; TMG Property Management Services NW, LLC; and Atlas Property Management, (D. Or. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

JAMES E. JACOBSON, JR., Case No. 3:25-cv-01006-SB

Plaintiff, OPINION AND ORDER

v.

AH GRESHAM PARK, LLC; AH ALBION HOUSE, LLC; TMG PROPERTY MANAGEMENT SERVICES NW, LLC; and ATLAS PROPERTY MANAGEMENT, jointly and severally,

Defendants.

BECKERMAN, U.S. Magistrate Judge. Plaintiff James Jacobson, Jr. (“Jacobson”), a self-represented litigant, filed this in forma pauperis (“IFP”) action against Defendants AH Gresham Park, LLC (“AH Gresham”), AH Albion House, LLC (“AH Albion”), TMG Property Management Services NW, LLC (“TMG”), and Atlas Property Management (“Atlas”) (together, “Defendants”). Jacobson asserts claims for violations of the federal Fair Housing Act (“FHA”), Americans with Disabilities Act (“ADA”), Oregon Residential Landlord and Tenant Act (“ORLTA”), Oregon’s financial abuse statute,1 fraud, negligence, conversion, trespass to chattels, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress (“IIED”), and declaratory and injunctive relief.

Defendants move, pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6), to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1367. For the reasons explained below, the Court grants in part and denies in part Defendants’ motion to dismiss and dismisses this action with prejudice because Jacobson’s claims are barred by res judicata. BACKGROUND2 I. FACTS Jacobson is a sixty-nine-year-old retiree who lives on a fixed income, uses a wheelchair for mobility, and requires a disabled parking permit and passageways that are sufficiently wide

1 Courts refer to Oregon Revised Statute (“ORS”) § 124.110, which is part of the “framework” that “[ORS] §§ 124.100 through 124.140 establish . . . for bringing a civil action for abuse of a vulnerable person,” as “Oregon’s financial abuse statute.” Bates v. Bankers Life & Cas. Co., 849 F.3d 846, 847 (9th Cir. 2017); see also OR. REV. STAT. § 124.100(1)(a), (e) (explaining that a “‘[v]ulnerable person’ means (A) [a]n elderly person[, i.e., a person who is sixty-five years of age or older]; (B) [a] financially incapable person; (C) [a]n incapacitated person; or (D) [a] person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment”). 2 The Court draws the facts and procedural history from Jacobson’s second amended complaint and matters over which it may take judicial notice. See Tohono O’odham Nation v. U.S. Dep’t of the Interior, 138 F.4th 1189, 1194 n.4 (9th Cir. 2025) (noting that a court’s “review of a Rule 12(b)(6) motion to dismiss is limited to the complaint, materials incorporated by reference into the complaint, and matters of which [it] may take judicial notice”) (simplified) (quoting Mauia v. Petrochem Insulation, Inc., 5 F.4th 1068, 1071 (9th Cir. 2021))); see also supra page pp. 3 n.3, 4 n.4, & 9-11 (addressing Jacobson’s operative pleading and judicial notice). and graded for his wheelchair. (See Second Am. Compl. (“SAC”) ¶¶ 1-2, 4, 13, 41-42, ECF No. 15.) For six years, Jacobson has lived at the Gresham Park Apartments (the “GPA”) in Gresham, Oregon. (Id. ¶¶ 2, 26.) AH Gresham, a Utah limited liability company, owns the GPA. (Id. ¶¶ 18-19.) AH

Albion, a Utah limited liability company, is AH Gresham’s sole member. (Id.) TMG, a Washington limited liability company, managed the GPA during most of the relevant time period. (Id. ¶ 20.) Atlas, which is the assumed business name of Atlas Management, LLC, an Oregon limited liability company, recently succeeded TMG as the GPA’s manager.3 (See id. ¶¶ 11-12, 21- 23, 25.) In 2020, Jacobson began asking for a “simple space swap” because he needed access to a wheelchair-accessible parking spot that the GPA’s management had assigned to “other tenants.” (Id. ¶¶ 4, 13, 42-43, 54.) The GPA’s management repeatedly denied Jacobson’s accommodation request. (Id.) That same year, the GPA’s management started overbilling Jacobson for utilities and

“tack[ing] on” unwarranted “late fees” to his account. (Id. ¶¶ 8, 44.) At the same time, and as a 2023 city inspection later confirmed, the GPA “ignored basic habitability duties,” such as a failed ground fault circuit interrupter (“GFCI”) “outlets, sewer backflows, inoperative ventilation,

3 The Court takes judicial notice that according to the Oregon Secretary of State’s website, Atlas is the assumed business name of Atlas Management, LLC, an Oregon corporation with its principal place of business in Portland, Oregon. See Hogan v. NW Tr. Servs., Inc., No. 10-cv-06027-HO, 2010 WL 1872990, at *3 (D. Or. May 7, 2010) (taking “judicial notice that according to the Oregon Secretary of State’s public records, Halligan & Associates is the assumed business name of KDW, Inc., an Oregon corporation with a principal place of business in Bend, Oregon,” and noting that “the information contained on the Secretary of State’s corporation division’s public website cannot reasonably be disputed”), aff’d, 441 F. App’x 490 (9th Cir. 2011); FED. R. EVID. 201(c)(1) (noting that “[t]he court . . . may take judicial notice on its own”). rooms without heat, broken locks, and exterior lighting that remained inoperative for years.” (Id. ¶¶ 3, 5, 35-36, 68.) Between 2021 and 2024, the GPA’s security and maintenance issues “resulted in multiple burglaries,” contractors’ removal of “personal property” from Jacobson’s “private patio,” and the

theft of Jacobson’s “prototype device” (i.e., a “significant portion” of a disaster relief system, which Jacobson “value[s] at more than $1 million” based on “material and labor cost”). (Id. ¶¶ 5- 7, 27-29, 32-33, 37-39, 83-84.) In spring and summer 2024, the GPA also sent Jacobson four eviction notices during a thirty-day period, failed to respond to his letters “proposing mediation and offering to resolve disputes without litigation,” and “refused to participate in the Oregon Eviction Diversion Program” or “acknowledge [his] status as a disabled person[.]” (Id. ¶¶ 10, 45, 49.) The following year, in April and May 2025, the GPA notified Jacobson that it planned to increase his rent by ten percent and the GPA’s newly appointed on-site manager, Atlas, “immediately revoked parking privileges for mobility devices and began refusing to accept rent

unless [it was] accompanied by a complete waiver of disability accommodation requests.” (Id. ¶¶ 24-25.) II. PROCEDURAL HISTORY In May 2023, Jacobson filed a small claims action against AH Gresham, AH Albion, and TMG in Multnomah County Circuit Court.4 (Decl. Grant Stockton Supp. Defs.’ Mot. Dismiss

4 The Court takes judicial notice of the dockets from Jacobson’s previously filed state and federal actions. See Docket, Jacobson v. AH Gresham Park, LLC, No. 23SC13915 (Multnomah Cnty. Cir. Ct. filed May 15, 2023); Docket, Jacobson v. AH Gresham Park, LLC, No. 3:23-cv- 01551-HZ (D. Or. filed Oct. 23, 2023) (docketing Jacobson’s notice of voluntary dismissal on May 6, 2024); Docket, Jacobson v. AH Albion House, LLC, No. 25CV00838 (Multnomah Cnty. Cir. Ct. filed. Jan. 6, 2025); see also Luckey v. Mitchell, No. 22-16556, 2023 WL 6389399, at *1 (“Stockton Decl.”) ¶¶ 1-2 & Ex. 2 at 1-7, ECF No. 17 at 19-28.) Like the present action, Jacobson alleged that the named defendants and/or their contractors failed to return personal property that they removed from Jacobson’s patio during a construction project. (Id.

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James E. Jacobson, Jr. v. AH Gresham Park, LLC; AH Albion House, LLC; TMG Property Management Services NW, LLC; and Atlas Property Management, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-jacobson-jr-v-ah-gresham-park-llc-ah-albion-house-llc-tmg-ord-2025.