Day v. Day

"No estate or interest in real property, other than a lease for [a] term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing." ORS 93.020(1)

Plaintiff appealed the trial court's granting of summary judgment.  Plaintiff assigned error to (1) the trial court's denial of leave to amend her complaint; (2) the grant of summary judgment for Defendant; and (3) the denial of her motion to compel discovery of bank records.  Plaintiff argued that (1) the oral agreements were admissible evidence of purported oral agreements, and (2) the trial court abused its discretion in granting summary judgment because her amended complaint provided grounds for the quiet-title claim.  In response, Defendant argued that (1) Plaintiff could not produce admissible evidence supporting the contract claim, and (2) Plaintiff could not show that she had an ownership interest in the property necessary to prevail on a quiet-title claim. "No estate or interest in real property, other than a lease for [a] term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing." ORS 93.020(1)  The Court held that the oral agreements did not constitute partial performance or adhere to the statute of frauds; furthermore, the trial court did not abuse its discretion by denying leave to amend since the court reasonably could have concluded that Plaintiff was unable to prove her new claims and therefore the proposed amendments were meritless.  Affirmed.