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AS 2014-11 5W LLC v. CAPLAN LANDLORD, LLC

100710613; A153754.

359 P.3d 1225 (2015)

273 Or. App. 751

AS 2014-11 5W LLC, a limited liability company, as successor in interest for CML-OR 5th, LLC, a Florida limited liability company, Plaintiff-Respondent, v. CAPLAN LANDLORD, LLC, an Oregon limited liability company, et al., Defendants, and Bruce A. Wood and Glenn J. Smith, Defendants-Appellants.

Court of Appeals of Oregon.

Decided September 23, 2015.

Attorney(s) appearing for the Case

Donald J. Koehler, II , argued the cause for appellants. With him on the briefs were Laura J. Walker and Cable Huston Benedict Haagensen & Lloyd LLP.

Robyn Ridler Aoyagi , Portland, argued the cause for respondent. With her on the brief were Anna K. Sortun and Tonkon Torp LLP.

Before DUNCAN, Presiding Judge, and NAKAMOTO, Judge, and LAGESEN, Judge.

Defendants Bruce Wood and Glenn Smith each executed a guaranty agreement in connection with a $6.9 million loan for a commercial real estate project. After the borrower's successor, Caplan Landlord, LLC, defaulted on that loan, defendants failed to pay the debt under their guaranties. Plaintiff CML-OR 5th, LLC,1

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