DaMota v. Jahnig ( 2023 )


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  • 746                December 28, 2023                  No. 683
    IN THE COURT OF APPEALS OF THE
    STATE OF OREGON
    Ann DaMOTA
    and Kenneth DaMota,
    Plaintiffs-Respondents,
    v.
    Jennifer JAHNIG
    and Eric Jahnig,
    Defendants,
    and
    Tiffany SUPPLEE
    and William Supplee,
    Defendants-Appellants.
    Josephine County Circuit Court
    21LT01142; A176637
    Pat Wolke, Judge.
    Submitted November 3, 2022.
    William Supplee and Tiffany DaMota-Supplee filed the
    briefs pro se.
    George W. Kelly filed the briefs for respondents.
    Before Ortega, Presiding Judge, and Powers, Judge, and
    Hellman, Judge.
    POWERS, J.
    Reversed and remanded.
    Cite as 
    329 Or App 746
     (2023)   747
    748                                         DaMota v. Jahnig
    POWERS, J.
    Defendants appeal from a general judgment entered
    in favor of plaintiffs on their claims for ejectment and declar-
    atory relief arising out of a dispute over real property, known
    as the “Sand Creek Road property,” in Grants Pass. In three
    assignments of error, defendants contend that (1) the court
    erred in failing to require joinder of necessary parties;
    (2) the court erred in applying the statute of frauds; and
    (3) the court abused its discretion by not allowing defendants
    to amend their answer, add counterclaims, and postpone
    the trial date. As explained below, although we reject defen-
    dants’ second and third assignments of error, we agree with
    defendants’ first assignment and conclude that the court
    erred in proceeding on the declaratory judgment claim and
    granting declaratory relief in the absence of necessary par-
    ties. Accordingly, we reverse the judgment and remand for
    further proceedings.
    Joinder of necessary parties. In their first assign-
    ment of error, defendants argue that the trial court should
    have granted their motion to dismiss for failure to join nec-
    essary parties, viz., plaintiffs’ three siblings who owned
    the Sand Creek Road property as tenants-in-common with
    plaintiffs. The trial court, relying on the rule that one tenant
    can maintain an action for ejectment against nonowners,
    denied defendants’ motion. See, e.g., South Portland L. Co. v.
    Munger, 
    36 Or 457
    , 460-61, 
    54 P 815
     (1898) (observing that
    “the several and distinct freeholds of each co-tenant may be
    the subject of a separate action for its recovery”; “the party
    claiming the whole may proceed separately against each
    person claiming to hold such an interest in the disputed
    premises”; and “it may be convenient—perhaps proper—to
    join all the co-tenants claiming adversely, yet it is not indis-
    pensable or necessary that it should be done”); see also Le
    Vee v. Le Vee, 
    93 Or 370
    , 382, 
    183 P 773
     (1919) (“Tenants in
    common hold their interest in realty independent of each
    other. * * * It is true that as against a stranger one tenant
    in common may recover possession of the whole of the land
    held by” the tenant and the cotenants, “but this is because of
    the only unity which is an ingredient of such an estate, viz.,
    that of possession.”).
    Cite as 
    329 Or App 746
     (2023)                                   749
    The trial court’s ruling was based on case law
    regarding ejectment claims; however, ejectment was not the
    only claim that plaintiffs brought. Plaintiffs’ operative com-
    plaint alleged two claims: a claim for ejectment and a claim
    for declaratory relief. On the second claim, plaintiffs sought
    a decree “[r]equiring defendants and all persons claiming
    under defendants to set forth the nature of their claims,
    if any, to the [Sand Creek Road property]”; “[d]etermining
    all adverse claims, if any, of defendants and all persons
    claiming under defendants”; “[d]eclaring plaintiffs to be the
    owner in fee simple of the real property described above
    and entitled to possession thereof, free of any estate, title,
    claim, lien, or interest of defendants or those claiming under
    defendants and quieting title in the premises in plaintiffs”;
    and “[e]njoining defendants and those claiming under defen-
    dants from asserting any estate, title, claim, lien, or interest
    in the premises or any portion thereof[.]” Defendants, on the
    other hand, took the position that they had an interest in
    the Sand Creek Road property based on an agreement with
    all of the owners to the effect that defendants could renovate
    and live in a house on the property.
    The trial court ultimately granted relief on both
    claims, concluding that it agreed with plaintiffs’ arguments
    and would “award ejectment, [and] a declaratory judg-
    ment.” It then entered a judgment that did not differenti-
    ate between the relief granted on each claim but included
    a number of declarations that appear to have been based
    on plaintiffs’ claim for declaratory relief, including that
    “Defendants, or those claiming under Defendants, have no
    estate, title, claim, lien, or interest in the [Sand Creek Road
    property]” and that “Defendants, and those claiming under
    Defendants, are enjoined from asserting any estate, title,
    claim, lien, or interest in” the Sand Creek Road property.
    As defendants correctly point out, a claim for declar-
    atory relief is governed by ORS 28.110, which provides:
    “When declaratory relief is sought, all persons shall be
    made parties who have or claim any interest which would
    be affected by the declaration, and no declaration shall prej-
    udice the rights of persons not parties to the proceeding.”
    750                                        DaMota v. Jahnig
    That requirement is “more rigorous” than the joinder
    requirement that ordinarily applies to civil actions under
    ORCP 29 A, “which, in some instances, permits a court
    to proceed in the absence of a person that has ‘an interest
    relating to the subject of the action.’ ” State ex rel Dewberry
    v. Kulongoski, 
    220 Or App 345
    , 358, 187 P3d 220 (2008),
    aff’d, 
    346 Or 260
    , 210 P3d 884 (2009). Instead, ORS 28.110
    has been understood as a “jurisdictional” requirement that
    “serves a broader purpose than the protection of an absent
    party’s interests. It also protects the certainty of the judg-
    ment itself.” Vance v. Ford, 
    187 Or App 412
    , 424-25, 67 P3d
    412 (2003). Thus, even if the absent party would not have
    been bound by the judgment, ORS 28.110 prevents courts
    from issuing declaratory judgments “when others, not
    bound, might later raise the identical question and deprive
    the declaration of that final and pacifying function it is cal-
    culated to subserve.” Id. at 424-25 (quoting Stanley, Adm. v.
    Mueller, 
    211 Or 198
    , 209, 
    315 P2d 125
     (1957) (internal cita-
    tion and quotation marks omitted)).
    Here, the other owners of the Sand Creek Road
    property had interests that would be affected by the declar-
    atory relief sought by plaintiffs, and they might later raise
    identical questions to those resolved by any declaratory
    judgment issued in this case. Plaintiffs requested a dec-
    laration about the interests that defendants held in the
    Sand Creek Road property, and the trial court entered a
    judgment that included declarations about plaintiffs’ and
    defendants’ interests in the property—issues that turned,
    in part, on evidence about what each of the sibling owners
    had intended and what had been communicated to defen-
    dants. Thus, we conclude that, under ORS 28.110, the trial
    court lacked authority to enter a declaratory judgment
    regarding the interests in the Sand Creek Property with-
    out joining those other owners of the property. See Miller
    v. Shenk, 
    272 Or App 12
    , 18, 354 P3d 732, rev den, 
    358 Or 374
     (2015) (holding that a declaration that the plaintiff had
    an easement over a roadway would directly affect holders
    of an easement over the same roadway, such that the other
    holder was a necessary party to the plaintiff’s declaratory
    judgment action).
    Cite as 
    329 Or App 746
     (2023)                              751
    The question then becomes one of remedy. In this
    case, the trial court had personal jurisdiction over the par-
    ties and subject matter jurisdiction over their dispute, but
    it lacked the power to enter a declaratory judgment without
    all necessary parties before it. See Kaiser Foundation Health
    Plan v. Doe, 
    138 Or App 428
    , 432, 
    908 P2d 850
    , rev den, 
    324 Or 394
     (1996) (describing that distinction). As we explained
    in Oregon Trucking Assns. v. Dept. of Transportation, 
    288 Or App 822
    , 836, 407 P3d 849 (2017), aff’d, 
    364 Or 210
    , 432
    P3d 1080 (2019), the ordinary remedy “in a case in which
    a necessary party has not been joined is to remand with
    instructions to dismiss the action unless the necessary party
    is joined within a reasonable time,” but “[i]n some cases * * *
    the appellate courts have determined that the absent par-
    ty’s interests were protected by one of the named parties
    and remanded with instructions simply to add the absent
    party before entering final judgment.” (Internal quotation
    marks omitted.) In Oregon Trucking Assns., it appeared that
    the defendants may have adequately protected the absent
    party’s interests, which would have permitted entry of a
    final judgment in accordance with the court’s opinion, pro-
    vided that the absent party was first joined. 
    Id.
     Accordingly,
    we reversed and remanded for the trial court to dismiss the
    claim “unless [the necessary party] is joined within a time
    to be set by the trial court, and, if [the necessary party] is
    joined, for the trial court to proceed to enter declaratory
    judgment consistent with this opinion unless it determines
    that there is insufficient identity of interests between defen-
    dants and [the necessary party].” 
    Id.
    This case and Oregon Trucking Assns. present sim-
    ilar situations. Here, plaintiffs may have adequately pro-
    tected the interests of the other tenants-in-common (each
    of whom testified as a witness called by plaintiffs), which
    would permit entry of judgment, provided that they are first
    joined as parties. Accordingly, we reverse the judgment and
    remand for the trial court to dismiss the declaratory judg-
    ment claim unless the other owners of the Sand Creek Road
    property are joined within a time to be set by the trial court;
    and, if they are joined, for the trial court to proceed to enter
    declaratory judgment consistent with this opinion unless
    752                                                     DaMota v. Jahnig
    it determines that there is insufficient identity of interests
    between plaintiffs and the other owners.1
    Statute of frauds. In light of our conditional remand
    as to the declaratory relief, we proceed to address defendants’
    remaining assignments of error because they could provide
    greater relief if defendants were to prevail on those assign-
    ments. In their second assignment, defendants argue that
    the trial court erroneously applied the statute of frauds and
    should have concluded that the circumstances fell within
    an exception for partial performance of an oral agreement.
    Defendants essentially reargue the facts presented to the
    trial court and ask us to take de novo review. Under ORAP
    5.40(8)(c), we exercise our discretion to take de novo review
    only in “exceptional” cases. See also ORAP 5.40(8)(d) (out-
    lining nonexclusive list of criteria relevant to whether we
    will exercise our discretionary authority to review de novo).
    Defendants did not explain why this is an exceptional case
    in which we should exercise our discretion, and we are not
    persuaded that de novo review is warranted in this case. In
    light of the court’s factual findings, which we do not revisit
    on appeal, defendants have not demonstrated any legal error
    in the trial court’s application of the statute of frauds.
    Request to amend answer and postpone trial. In
    their third assignment, defendants assert that the trial
    court erred in denying them the ability to file an amended
    answer, assert counterclaims, and postpone the trial date.
    A trial court has broad discretion under ORCP 23 in deter-
    mining whether to allow a party to amend the pleadings.
    See, e.g., Crandon Capital Partners v. Shelk, 
    219 Or App 16
    ,
    40, 181 P3d 773, rev den, 
    345 Or 158
     (2008). We will uphold
    the trial court’s decision unless it exercises that discretion
    in a manner that is unjustified by, and clearly against, rea-
    son and evidence. See, e.g., Sanford v. Hampton Resources,
    Inc., 
    298 Or App 555
    , 576-77, 447 P3d 1192, rev den, 
    366 Or 64
     (2019) (discussing our standard of review and out-
    lining factors used to evaluate a court’s exercise of discre-
    tion). Similarly, a trial court has broad authority to rule on
    1
    As noted above, the judgment does not delineate between the relief granted
    on the two claims; on remand, the court will have the opportunity to specify the
    relief granted on each claim.
    Cite as 
    329 Or App 746
     (2023)                            753
    a motion to postpone trial, and we review the court’s ruling
    for an abuse of discretion. See J. D. v. Klapatch, 
    275 Or App 992
    , 997, 365 P3d 1169 (2015) (so stating). On this record,
    where defendants had been granted a continuance to hire
    counsel, were later denied a second continuance after coun-
    sel still had not been hired, and where defendants’ motion to
    enlarge the time for pleading and for postponing trial were
    filed less than a week before the rescheduled trial date, the
    court did not abuse its discretion in denying the motions.
    Reversed and remanded.
    

Document Info

Docket Number: A176637

Filed Date: 12/28/2023

Precedential Status: Precedential

Modified Date: 12/28/2023