Civil Procedure Cases
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Civil Procedure

Court of Appeals of Oregon
Uncategorized

Calaveras II, LLC v. Eastside Bend, LLC — Lis Pendens Misdescribing the Object of Suit Is Invalid; ORS 205.470 Damages Run Per Lot

The Oregon Court of Appeals affirmed the striking of lis pendens notices as invalid encumbrances under ORS 205.460 because the notices falsely identified the object of the suit as enforcing a CC&R lien that did not exist, and held that the $5,000 minimum statutory penalty under ORS 205.470 applies on a per-lot basis when an invalid encumbrance clouds multiple individually titled parcels.

Court of Appeals of Oregon
Uncategorized

Bong v. LaFontaine — Trial Court Erred by Denying Judge-Disqualification Motion Without Required Statutory Process

The Oregon Court of Appeals reversed the dismissal of a pro se mandamus petition, holding that the trial court erred by denying a motion to disqualify the assigned judge without any judge challenging the movant’s good faith — a prerequisite under ORS 14.260(1) before the motion may be denied.

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