Tavtigian-Coburn v. All Star Custom Homes, LLC
Tavtigian-Coburn v. All Star Custom Homes, LLC
Opinion of the Court
Plaintiffs brought this action against defendants for damages arising out of alleged defects in the construction of their home, asserting claims for negligence and nuisance. The trial court granted defendant All Star Custom Homes, LLC’s (All Star’s) motion for summary judgment on the ground that the claims were untimely under ORS 12.080(3)
After the appellate briefing in this case was complete, the Supreme Court decided Rice v. Rabb, 354 Or 721, 320 P3d 554 (2014), in which it held that the six-year statute of limitation in ORS 12.080(4) for conversion and replevin claims
In Rice, following the reasoning of Berry v. Branner, 245 Or 307, 421 P2d 996 (1966), the court concluded that a discovery rule applies to ORS 12.080(4) because, like the statute of limitation at issue in Berry, it “falls under the purview of ORS 12.010,” which provides that the limitation periods prescribed for a claim in ORS chapter 12 begins to run upon the accrual of the claim, unless a different limitation
Reversed and remanded.
ORS 12.080(3), the six-year statute of limitation for claims involving injury to an interest in real property, provides that “[a]n action for waste or trespass upon or for interference with or injury to any interest of another in real property [subject to certain exceptions]” “shall be commenced within six years.” The parties agree that ORS 12.080(3) is the applicable statute of limitations.
The court had previously entered a limited judgment dismissing plaintiffs’ case against defendant All Star Custom Homes & Development, Inc.
Under ORS 12.080(4), “[a]n action for taking, detaining or injuring personal property, including an action for the specific recovery thereof” must be commenced within six years.
ORS 12.010 provides, in full, “Actions shall only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation is prescribed by statute.”
Reference
- Full Case Name
- Katherine L. TAVTIGIAN-COBURN, Trustee of the Katherine L. Tavtigian Revocable Living Trust David Coburn and Laura Coburn, husband and wife v. ALL STAR CUSTOM HOMES, LLC, an Oregon limited liability company Defendant-Respondent, and ALL STAR CUSTOM HOMES & DEVELOPMENT, INC., an Oregon corporation
- Cited By
- 7 cases
- Status
- Published