Oxbow Senior Independence

VERMONT SUPERIOR COURT CIVIL DIVISION Orange Unit Case No. 25-CV-02434 5 Court Street Chelsea VT 05038 802-685-4610 www.vermontjudiciary.org Oxbow Senior Independence Program, Inc. v. Sandra James ENTRY REGARDING MOTION Title: Motion to Dismiss; Motion to Amend Plaintiff's Complaint; Answer (Motion: 1; 2) Filer: Amber M. Burke; Amber M. Burke Filed Date: July 24, 2025; July 24, 2025 The motions are GRANTED. Defendant’s unopposed motion to dismiss is Granted. Proof of the applicability and absence of the federal Violence Against Women Act is fatal to Plaintiff’s cause of action, and a failure to provide the necessary notices required to effectively terminate a tenancy. Vermont Small Business Development Corp. v. Fifth Son Corp, 2013 VT 7, ¶ 15 ; see also Weaver Lane, LLC v. Hart, Dckt. No. 23-CV-02160 (Aug. 22, 2023) (Toor, J.) (“[Federal law] requires the VAWA notice. Its absence means the termination notice was invalid. This requires dismissal.”); Bourne v. Baker, Dckt. No. 22-CV-00163 (Mar. 30, 2022 (Gerety, J.) Entry Regarding Motion Page 1 of 2 25-CV-02434 Oxbow Senior Independence Program, Inc. v. Sandra James (“The federal regulation ... requires that a copy of the written notice of termination be delivered to the VSHA by Plaintiff. . . . Without that, the lease was not terminated”);Parsons v. Norway, Dckt. No. 20-2-14 Lecv (Oct. 28, 2018) (Pearsons, J.) (“[F]ailure to provide federally- required notice meant that Defendant’s tenancy was not properly terminated at the time suit was filed.”); Wickart v. Goins, Dckt. No. 47-3-15 Lecv (Apr. 30, 2015) (Pearsons, J.). Given that this notice was required prior to filing the present action, it is not a defect that can be corrected through a latter filing. Rather, it is a necessary prerequisite, and its absence undermines the necessary elements that give rise to Plaintiff’s cause of action. Andrus v. Dunbar, 2005 Vt. 48, ¶ 15 . Therefore, the present matter is Dismissed. Based on this dismissal, Defendant’s motion to amend is moot. So Ordered. Electronically signed on 8/28/2025 3:49 PM pursuant to V.R.E.F. 9(d) __________________________________ Daniel Richardson Superior Court Judge Entry Regarding Motion Page 2 of 2 25-CV-02434 Oxbow Senior Independence Program, Inc. v. Sandra James