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.)

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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

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25-CV-02434 Oxbow Senior Independence Program, Inc. v. Sandra James