Davis Wright Tremaine, LLP v. Menken

Defendant David Menken appeals, assigning error to the trial court’s denial of his motion to set aside a default judgment in favor of plaintiff Davis Wright Tremaine, LLP. Defendant argues, inter alia, that he was entitled to relief under ORCP 71 because plaintiff failed to serve the summons and complaint in accordance with ORCP 7 D. We agree. Accordingly, we reverse.

Except as specifically noted, the material facts are undisputed. Plaintiff is a law firm with an office in Portland. In late 1997, defendant retained plaintiff to represent him in a land use dispute in Jackson County. Over the…