Lamka v. KeyBank

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 06-20-2012
  • Case #: A145829
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
  • Full Text Opinion

Under ORCP 23A and ORCP 21A, a plaintiff may amend a pleading once as matter of right before a responsive pleading is served, even if the trial court has dismissed the complaint.

Lamka appealed the trial court's dismissal of his amended complaint. Lamka’s boat was sold by a storage facility to a third party, and Keybank financed the purchase. Lamka argued that the trial court erred in dismissing his amended complaint because he had the right to file an amended pleading. The trial court had dismissed Lamka’s first complaint, and Keybank did not file a responsive pleading prior to the amended complaint’s filing. The Court of Appeals held that, reading ORCP 23A and ORCP 21A together, a complainant has a right to amend a complaint once before a responsive pleading is entered. Thus, the trial court erred in dismissing Lamka's amended complaint. Additionally, the trial court erred on dismissing Lamka's complaint based on the "economic loss doctrine" Reversed and remanded.

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