CONDON v. BANK OF CALIFORNIA

A8501-00682; CA A45027.

759 P.2d 1137 (1988)

92 Or.App. 691

Edwin G. CONDON, James G. Condon, Elizabeth Ann Twilegar, and Kenneth J. Condon, Appellants, v. The BANK OF CALIFORNIA, N.A., a California Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1988.


Attorney(s) appearing for the Case

Kenneth John Condon, Portland, filed the briefs pro se for himself and as counsel for remaining appellants.

Kurt L. Maul, and Hampson, Bayless, Murphy & Stiner, Portland, filed the brief for respondent.

Before WARDEN, P.J., GRABER, J., and RIGGS, J. Pro Tem.


RIGGS, Judge Pro Tem.

Plaintiffs appeal from an ORCP 67 B judgment. They challenge trial court orders that granted defendant's ORCP 21 motions to dismiss certain claims from their second and third amended complaints. We affirm in part and reverse in part.

Plaintiffs are four of the five beneficiaries of a trust, and defendant is the trustee. Plaintiffs seek damages for defendant's alleged negligent breach of fiduciary duty and, under ORS 128.051, a refund...

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