Suspension of running of statute by absence or concealment
Source:
Section 12.150 — Suspension of running of statute by absence or concealment, https://www.oregonlegislature.gov/bills_laws/ors/ors012.html.
Notes of Decisions
This section did not toll limitation period of ORS 12.110 where defendant foreign corporation could have been served under [former] ORS 57.700. Santos v. The Flxible Co. Inc., 41 Or App 89, 597 P2d 373 (1979)
This section did not toll limitation period in ORS 12.020 where defendant foreign corporation could have been served under long arm statute. Bancorp Leasing and Financial Corp. v. Agusta Aviation Corporation, 813 F2d 272 (1987)
Statute of limitations was tolled when defendant left Oregon and resided out of state after cause of action accrued and fact that defendant may have been amenable to service is not exception to tolling. Gary M. Buford and Associates, Inc. v. Guillory, 98 Or App 691, 780 P2d 783 (1989), Sup Ct review denied. But see Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied
Limitation period is not tolled by absence of defendant from state or by concealment where substituted service on state agency is available. Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied
Where plaintiff filed action against defendant more than six years after claims accrued but defendant moved out of state after claims accrued and before plaintiff filed action, ORCP 4 permits plaintiff to serve defendant out of state for purposes of litigating in-state claims and plaintiff’s action was timely filed. Knappenberger v. Davis-Stanton, 271 Or App 14, 351 P3d 54 (2015)
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