Western Ridge Land Co. v. Zimmerlee

Defendants1 appeal a judgment arising from an order of default and a supplemental judgment awarding attorney fees to plaintiffs after their answer, affirmative defenses and counterclaims were stricken by the court as sanctions for failing to comply with a discovery order. ORCP 46B(2)(c). Defendants also assign error to the trial court’s granting of plaintiffs’ motion to impose sanctions. We reverse.

Plaintiffs’ complaint was filed in October, 1989, for a declaration that certain agricultural liens filed by defendants were invalid. In March, 1990, defendants answered and counterclaimed, seeking…