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RICE v. MARY RABB

(CC CV091445; CA A145606; SC S060790).

320 P.3d 554 (2014)

354 Or. 721

Joan RICE, Petitioner on Review, v. MARY RABB, Respondent on Review, and R-UP & Happy Canyon Hall of Fame, Defendant.

Supreme Court of Oregon.

Decided January 30, 2014.

Attorney(s) appearing for the Case

Cody Hoesly, Larkins Vacura LLP, Portland, filed the brief and argued the cause for petitioner on review.

No appearance contra.

Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

BALDWIN, J.

This case requires us to decide whether the six-year statute of limitations applicable to conversion and replevin claims under ORS 12.080(4) incorporates a discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to run at the time of the wrongful taking of personal property and that the provision does not incorporate a discovery rule. Rice v....

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