Horton v. Western Protector Insurance

Plaintiff appeals after the trial court, pursuant to ORS 31.150, granted defendant’s motion to strike plaintiffs complaint, dismissed his action for wrongful use of a civil proceeding, and awarded defendant attorney fees. On appeal, plaintiff makes three assignments of error. In his first assignment of error, he argues that ORS 31.150 is inapplicable to this action. He argues in his second assignment of error that, even if this action is subject to ORS 31.150, defendant’s motion to strike was not timely filed. In his third assignment of error, plaintiff makes an unpreserved argument that ORS…