State, acting by and through the Oregon Health Authority v. Cue

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 12-31-2014
  • Case #: A155531
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.

The time limitations to bring a claim under ORS 115.005 are waived when the representative of an estate fails to satisfy the notice condition of ORS 115.005(3)(b).

The Oregon Health Authority (OHA) brought a claim against the Estate of Deane Preston Cloud for services rendered in OHA’s care prior to his death. Defendant, the representative of Cloud’s Estate, disallowed the claim as untimely. OHA then brought this action, arguing that their claim qualified for an exception to the time limitation. The trial court granted defendant’s motion for summary judgement, and dismissed OHA’s complaint with prejudice on the basis that OHA has failed to present timely notice of its claims, because they had notice of the probate proceedings. OHA appealed, and argued that because defendant did not send OHA notice required under ORS 115.005, that their claim qualified for an exception to the time limitations. The Court of Appeals held that the trial court erred because defendant failed to present notice to OHA, that defendant failed to satisfy the condition of ORS 115.005(3)(b). Reversed and Remanded.

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