Eli v. Lampert

Plaintiff appeals from a judgment denying his petition for a writ of habeas corpus. The trial court took judicial notice that plaintiff previously had filed another habeas corpus petition involving the same factual transaction at issue in this case. Accordingly, it granted defendant’s motion to dismiss pursuant to ORCP 21 A(3), which provides for dismissal of an action when there is another action pending between the parties for the same cause. On appeal, plaintiff argues that the actions involved distinct claims. Defendant responds that denial of the petition was justified on claim…