- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 09-09-2021
- Case #: A169737
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Shorr, J.; & Aoyagi, J.
- Full Text Opinion
Defendant appealed an order and judgment of default entered by the trial court in favor of the plaintiff. On appeal, Defendant assigned error to the imposition of the sanction and the order and judgment of default. Defendant argued that the trial court lacked authority to strike his pleading. In response, plaintiff argued that the trial court’s strike of the pleading was correct, and as such no error occurred in the entry of default. In accordance with Phan, the striking of pleadings and the dismissal of claims as a sanction is not within the court’s authority under ORS 1.010 and must be statutorily authorized. 185 OR App at 633. Subsequently, the Court determined that the trial court erred in striking defendant’s responsive pleadings without statutory authority to do so. Reversed and remanded.