Roberts v. Drew

Plaintiff, as conservator for her incapacitated daughter, brought this action against defendant, the daughter’s stepfather, for intentional torts in the nature of sexual abuse. Plaintiff alleged that the abuse took place over a “period of approximately two years between 1985 and 1987” and last occurred on “July 26,1987, when it was discovered by a responsible adult.” She also alleged that the daughter is “severely mentally retarded.” The action was filed on August 30,1989.

Defendant moved to dismiss under ORCP 21A(9) on the ground that the complaint showed on its face that the action was not…