terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an
holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens holding that the relevant time of inquiry is the date of the filing of the complaint holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing