C.I.C.S. Employment Services v. Newport Newspapers

Under ORS 31.152(1), "Oregon’s anti-SLAAP statutes requires a defendant to file a special motion to strike within 60 days from service of the complaint, although the trial court may exercise its discretion to permit a late filing." See ORS 31.152(1).

Defendant appealed from a limited judgment that denied their special motion to strike under ORS 31.150, Oregon’s Anti-Strategic Lawsuits Against Public Participation (anti-SLAAP) statute. Defendant assigned error to the trial court’s determination that Defendant’s motion was untimely. On appeal, Defendant argued that their motion was not untimely because their claim was tolled while their venue change motion was pending, and even if their motion was untimely, the trial court abused its discretion by denying the motion. In response, Plaintiff argued that nothing in Oregon’s venue statutes indicate that a venue change motion tolls any anti-SLAAP deadlines, and even if there was a toll, Defendant was still 46 days late in filing their motion and 106 days late from the original service date. Additionally, Plaintiff argued that Defendant failed to provide "sufficient legal grounds or factual basis" to grant a trial court’s discretion and permit an untimely motion. Under ORS 31.152(1), "Oregon’s anti-SLAAP statutes requires a defendant to file a special motion to strike within 60 days from service of the complaint, although the trial court may exercise its discretion to permit a late filing." See ORS 31.152(1). The Oregon Court of Appeals held Defendant’s anti-SLAAP motion was untimely, the pending venue change motion did not toll any anti-SLAAP requirements, and the trial court did not abuse its discretion.

Affirmed.