Choi v. Hurley

Plaintiff was granted summary judgment “against the defendants, and each of them” for $32,642.40 for failure to deliver silver purchased in 1982 and 1983. Defendant Richard Hurley (defendant) was not served with the summons and complaint until one week after entry of that judgment. He filed a motion for relief from the judgment pursuant to ORCP 71B(l)(a) and (d).1 The trial court denied the motion, holding that there was jurisdiction over defendant, because “there was no genuine issue of material fact regarding the existence of the partnership^ and o]ne partner can authorize an appearance on…