Balboa Apartments v. Patrick

Defendant appeals from a judgment for plaintiff in this action for forcible entry and detainer (FED) arising from a residential tenancy. Defendant asserts that the trial court erred in failing to dismiss the action on the ground that plaintiff did not timely serve a corrected summons and amended complaint, in accordance with ORS 105.135(3), by the end of the next judicial day following the payment of the filing fee for the original complaint. As explained below, we affirm.

The pertinent facts are procedural and largely undisputed. On May 27, 2008, plaintiff filed an FED complaint against…