- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 11-21-2012
- Case #: A147627
- Judge(s)/Court Below: Brewer, J. for the Court; Schuman, P.J.; and Nakamoto, J.
- Full Text Opinion
Defendants (Parks) appealed a denial of their special motion to strike under ORS 31.150(2)(d), which provided that if a Defendant makes a prima facie showing that the claim against them has risen out of constitutionally protected rights of petition and free speech, then the plaintiff (Public Employee Unions, hereafter PEU) must establish by substantial evidence a probability that the plaintiff would prevail on a prima facie case. PEU brought an Oregon Racketeering Influenced and Corrupt Organizations Act against Parks for placing certain measures on the November 2008 ballot and conspiring to block PEU from collecting a prior judgment. Parks filed a motion to strike that the trial court denied. On appeal, Parks asserted the trial court erred in ruling PEU had produced such evidence to deny the motion to strike. The Court of Appeals held the use of a reasonable juror standard, similar to that of the standard for summary judgement, is the standard for review under ORS 31.150(3). Secondly, the Court ruled that based on affidavits and other supporting documents, that it was reasonable to infer a jury would establish a prima facia case that Parks likely committed perjury. Affirmed.