C.O. Homes, LLC v. ClevelandAnnotate this Case
In this forcible entry and detainer (FED) action to recover possession of a residential dwelling unit, the issue presented for the Oregon Supreme Court's consideration was whether the trial court erred in allowing landlord’s motion to amend its complaint, pursuant to ORCP 23, after the parties attended a first-appearance hearing and tenant filed her answer. In its original complaint, landlord alleged that it was entitled to possession based on a 72-hour notice - which, under ORS 90.394, could be given for nonpayment of rent - and attached that notice to its complaint. Two days before trial, landlord sought leave to amend its complaint to attach a different notice, a 30-day notice, which, under ORS 90.392, could be given “for cause,” including a material violation of the rental agreement. The Supreme Court determined the proposed amendment substantially changed landlord’s claim for relief and prejudiced tenant, and that the trial court abused its discretion in allowing it. It therefore reversed both the contrary decisions of the Court of Appeals and the trial court.