McLAIN v. MALETIS BEVERAGE

0110-10630; A121286.

115 P.3d 938 (2005)

200 Or. App. 374

John M. McLAIN, Appellant, v. MALETIS BEVERAGE, an assumed business name of RM Beverage Delaware, LLC, a foreign limited liability company, Defendant, and MB Acquisitions, Inc., an Oregon corporation, dba Maletis Beverage, Respondent.

Court of Appeals of Oregon.

Decided June 22, 2005.


Attorney(s) appearing for the Case

Lindsey H. Hughes, Portland, argued the cause for appellant. With her on the briefs was Keating Jones Bildstein & Hughes P.C.

Patricia Condon argued the cause for respondent. On the brief were M. Robert F. Smith and Smith Freed & Eberhard, P.C., Portland.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


LINDER, J.

The issue in this appeal is whether an amended complaint naming the correct defendant in an action relates back to the date of the original complaint if the newly named defendant had notice of the action, but was not served with the complaint, before the statute of limitations expired. The trial court concluded that ORCP 23 C does not permit relation back in that circumstance and granted summary judgment in favor of defendant. We reverse and remand.

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