Stull v. Ash Creek Estates, LLC

Plaintiffs appeal from an order denying their motion to set aside a judgment. They argue that the trial court abused its discretion in holding that their failure to file a response to defendants’ summary judgment motion was not excusable neglect. We affirm.

Plaintiffs filed an action against defendants in August 2000, alleging breach of contract and unlawful debt collection. On March 9,2001, defendants moved for summary judgment. Defendants served their summary judgment motion on plaintiffs’ counsel at the address listed in the Oregon State Bar annual membership directory, as they had done…