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WALDNER v. STEPHENS

03C21165; A127595.

162 P.3d 342 (2007)

213 Or. App. 610

Dave WALDNER, Michelle Kasper, Jacob Lahmann and Michelle Kasper, as Guardian Ad Litem for Joshua Bush and Hanna Waldner, Minors, Plaintiffs-Appellants, v. Stephen STEPHENS, Defendant-Respondent. Stephen Stephens, Third-Party Plaintiff, v. Tran Co., an Oregon corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided July 5, 2007.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause and filed the briefs for appellants.

Alan Gladstone, Portland, argued the cause for respondent. With him on the brief was Davis Rothwell Earle & Xóchihua P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and CARSON, Senior Judge.

EDMONDS, P.J.

This appeal presents the issue of whether plaintiffs' claims against their landlord for negligence and for breach of an agreement promising to make repairs are governed by ORS 12.125, a one-year statute of limitations applicable to the Oregon Residential Landlord Tenant Act (ORLTA).1 Plaintiffs appeal after the trial court dismissed their third amended complaint with prejudice under ORCP 21 A(8). We affirm.

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