Webreviewing a trial court’s dismissal of a complaint under ORCP 21 A(6) and ORCP 21 A(8), plaintiff was subrogated to its insured’s claim, and, thus, plaintiff is the real party in interest on the claim. Additionally, because plaintiff is the owner of the claim, the complaint does state a claim for negligence. Reversed and remanded. WebJul 13, 2011 · Plaintiffs appeal from a judgment dismissing under ORCP 21 their claims for declaratory judgment, interference with economic relations, reformation, and constructive trust, arising out of a family dispute and the ownership of a farm property in Canby, Oregon.
CHAPTER 5 Proceedings in Civil Cases - Oregon …
WebSep 10, 2003 · However, the context of ORCP 21 A (1) sheds light on the legislature's intent in that regard. The Oregon legislature enacted the Oregon Rules of Civil Procedure in 1979 and made them operative on January 1, 1980. Or Laws 1979, ch 284, §§ 3, 201. Webpursuant to ORCP 21 A(8), the Court accepts as true all well-pleaded allegations and gives plaintiff, as the nonmoving party, the benefit of all favorable inferences that may be drawn from those allegations. Scovill By and Through Hubbard v. City of Astoria, 324 Or 159, 161 (1996) (citing Stringer v. Car Data Sys., Inc., 314 Or 576, 584 (1992 ... lychee in california
CHAPTER 5 Proceedings in Civil Cases
Web(1) The court will deny any motion made pursuant to ORCP 21 and 23, except a motion to dismiss: (a) for failure to state a claim; or, (b) for lack of jurisdiction, unless the moving … WebApr 18, 2001 · Because ORCP 21 A (3) requires dismissal under the circumstances it specifies, we do not review trial court rulings on such motions for abuse of discretion; instead, we review them for errors of law. Lee, 152 Or. App. at 163. It follows that the trial court did not have discretion to consolidate the two actions instead of dismissing Case … WebNov 21, 2024 · As amended through November 21, 2024 Rule 7.10 - PREPARATION, FILING, AND SERVICE OF MOTIONS (1) (a) For a motion other than a motion for extension of time, a title designating the party filing the motion and one of the motion titles listed in the "Motion Titles" section of Appendix 7.10-1. lychee inc