James McCaffrey, P.C. v. Michel

Defendants1 appeal a judgment by default that the court granted to plaintiff pursuant to ORCP 69B(2) in his action for attorney fees. They assign as errors that the court granted plaintiffs motion for an order of default, denied defendants’ motion to set the default aside, entered the judgment by default and denied defendants’ motion to set aside the judgment. We reverse.

In 1985, plaintiff filed the action. In January, 1986, he filed an amended complaint. Defendants moved to strike the fourth and fifth claims. ORCP 21. The court denied that motion.2 Defendants filed an answer containing a…