C. R. v. Eugene School Dist. 4J

A special motion to strike under ORS 31.150 must “be filed within 60 days after service of the complaint” or at any later time, in the court’s discretion. ORS 31.152(1). Claims may be stricken if “based on written or oral statements” made during or in connection with a “proceeding authorized by law,” an “issue of public interest,” or in furtherance of “constitutional right of free speech” in connection with an issue of public interest. ORS 31.150(2).

Petitioner appealed the grant of school district’s special motion to strike Petitioner’s claims under “Oregon’s Anti-Strategic Lawsuits Against Public Participation (anti-SLAPP) statute,” ORS 31.150.  Petitioner argued the “trial court abused its discretion" in allowing the motion, “which was filed after the statutory deadline.”  Petitioner further argued the motion should have been rejected on the merits.  In response, the school district argued the trial court did not abuse its discretion and its actions were protected under ORS 31.150(2).  A special motion to strike under ORS 31.150 must “be filed within 60 days after service of the complaint” or at any later time, in the court’s discretion.  ORS 31.152(1).  Claims may be stricken if “based on written or oral statements” made during or in connection with a “proceeding authorized by law,” on an “issue of public interest,” or in furtherance of “constitutional right of free speech” in connection with an issue of public interest.  ORS 31.150(2).  The Court held that, because the statute does not put any limitations on a trial court’s discretion to allow a special motion, the trial court did not abuse its discretion.  However, the Court found that the defamatory statements Petitioner alleged school district made were outside of a proceeding authorized by law.  The Court therefore held that the school district was not protected by ORS 31.150(2) and that the trial court “erred in granting the motion.”  Reversed and remanded.