Allison v. Kleinman

Plaintiffs appeal a judgment dismissing claims in their amended complaint on the ground that the Statute of Limitations had expired. They contend that the court erred by dismissing those claims with prejudice, because they relate back to claims that were timely filed in their original complaint. We affirm.

In reviewing a motion to dismiss, we assume that the facts alleged and any facts that might be adduced as proof of them are true. Madani v. Kendall Ford, Inc., 312 Or 198, 201, 818 P2d 930 (1991); Machunze v. Chemeketa Community College, 106 Or App 707, 712, 810 P2d 406, rev den 312 Or 16…