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20CV07190
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON
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FOR MULTNOMAH COUNTY
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Case No.
7 WILLIAM SPAULDING
individually and on behalf CLASS ACTION
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of other similarly situated COMPLAINT FOR
9 Concordia University students EQUITABLE RELIEF
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INTRODUCTION
23 Concordia University students are left unable to graduate and with credits that
28 2020 tuition.
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FACTUAL ALLEGATIONS
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The Circuit Court for the County of Multnomah in Oregon has jurisdiction
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6 because the behavior alleged in this complaint took place in and around Multnomah
7 County and because plaintiff’s claim arises under the Oregon Unlawful Trade
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Practices Act, ORS 646.638.
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3.
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12 own behavior and are made on information and belief as to the behavior of others.
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Plaintiff is a “person” as that term is defined at ORS 646.605(4).
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Concordia University does regular and sustained business in Oregon and is
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registered with the Oregon Secretary of State.
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6.
25 tuition credits to current and prospective students in the course of its business.
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Throughout late 2019 and early 2020 Concordia University advertised and
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sold educational services and tuition credits to plaintiff and other class members to
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16 servant leadership, rigor, and Lutheran identity and values.” Relying on Concordia
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University’s advertisements and representations, plaintiff paid Concordia
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University thousands of dollars for educational services and tuition credits in 2020.
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21 On February 10, 2020 Concordia University admitted to its students for the
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first time that the University was experiencing declining enrollment and financial
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worries and that “finances make it impossible to continue its educational mission”.
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25 Upon information and belief, the high-paid executives at Concordia University knew
26 since 2019 that the University was in dire financial condition and that the
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University’s closure in 2020 was looming.
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As alleged in this complaint, Concordia University misrepresented the
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qualities and characteristics of its education services and the value of its tuition
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7 omission. As a result, plaintiff and other class members received education services
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and tuition credits worth less than they would have been worth had Concordia
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University’s representations (including misrepresentations by omission) about its
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11 financial condition been accurate. Plaintiff and other class members would not have
12 paid Concordia University for 2020 tuition credits had they know that the
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University’s closure was looming, leaving them without the ability to graduate and
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with credits, at least a portion of which would not directly transfer to another
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16 university.
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11.
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Concordia University’s behavior as alleged in this complaint willfully and
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recklessly violated ORS 646.608(1) (e), (g), and (t) causing plaintiff and other class
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CAUSES OF ACTION
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Claim One – Unlawful Trade Practices
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6 This claim is not a request for damages at this time, only equitable and
7 injunctive relief. Plaintiff and the other class members intend to request damages in
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an amended complaint. As alleged in this complaint, Concordia University’s
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behavior willfully and recklessly violated ORS 646.608, causing plaintiff and other
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11 class members an ascertainable loss. Under ORS 646.638 plaintiff requests an order
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Claim Two – Unjust Enrichment
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This claim is not a request for damages at this time, only equitable and
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11 and the other class members. Under a theory of unjust enrichment, plaintiff requests
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Plaintiff respectfully requests a trial by a jury.
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PRAYER FOR RELIEF
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Plaintiff respectfully requests relief against Concordia University as sought
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6 above, and any other relief the Court may deem appropriate, and an order appointing
7 class counsel and an order certifying this case as a class action. Plaintiff reserves
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and right and may intend to amend this complaint to bring a claim against Concordia
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University and its executives for punitive damages.
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February 10, 2020
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RESPECTFULLY FILED,
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s/ Michael Fuller
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Michael Fuller, OSB No. 09357
16 Lead Trial Attorney for Plaintiff
OlsenDaines
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US Bancorp Tower
18 111 SW 5th Ave., Suite 3150
Portland, Oregon 97204
19 michael@underdoglawyer.com
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Direct 503-222-2000
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Ron K. Cheng, OSB No. 142955
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Of Attorneys for Plaintiff
23 Kaplan Law LLC
ron@mdkaplanlaw.com
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Kelly Jones, OSB No. 074217
26 Of Attorneys for Plaintiff
The Law Office of Kelly Jones
27 kellydonovanjones@gmail.com
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2 CERTIFICATE OF SERVICE
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I certify that I cause this document to be served on:
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5 State of Oregon
6 c/o Oregon Department of Justice
1162 Court St. NE
7 Salem, Oregon 97301-4096
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