Mary's River Lumber Co. v. Sullivan

Defendant tenant1 appeals from a judgment of restitution of the premises to plaintiff landlord on this FED claim. He assigns as error the denial of his motion to dismiss for lack of legal capacity to sue. ORCP 21A(4). We affirm.

Plaintiff filed its initial complaint in the name of “Judson Parkway Condominiums.” That name was not registered as an assumed business name. ORS 648.007 prohibits the conducting of business under an assumed business name unless it has been registered pursuant to ORS chapter 648. ORS 648.135(2) provides that a person who conducts business in violation of ORS 648.007…