Hoddenpyl v. Fiskum

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 09-14-2016
  • Case #: A158855
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Flynn, J.; & DeHoog, J.
  • Full Text Opinion

Under ORCP 71 B(1), excusable neglect is grounds for setting aside default judgments when the defendant, or a representative, takes reasonable steps to respond to the complaint, even if the process breaks down later because of a subordinate's mistake.

Defendant appealed the trial court's denial of her motion to set aside a default order due to excusable neglect. The trial court found that Defendant's actions of mailing its answer to the wrong address was not excusable neglect and denied Defendant's motion to set aside judgment. Plaintiff argued that Defendant presented insufficient evidence to show that her initial steps to respond were reasonable. However, the Court agreed with Defendant that her actions in responding to the complaint were reasonable and therefore the neglect was excusable. Reversed. 

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