HATHAWAY v. B & J PROPERTY INVESTMENTS

A169427.

531 P.3d 152 (2023)

325 Or. App. 648

Loren HATHAWAY, on behalf of himself and all others similarly situated within the state of Oregon; Gennise Hathaway, on behalf of herself and all others similarly situated within the state of Oregon; and Heather Noble, on behalf of herself and all others similarly situated within the state of Oregon, Plaintiffs-Respondents, v. B & J PROPERTY INVESTMENTS, INC., an Oregon corporation; Better Business Management, Inc., an Oregon corporation doing business as Salem RV Park; and William J. Berman, an individual, Defendants-Appellants.

Court of Appeals of Oregon.

May 3, 2023.


Attorney(s) appearing for the Case

Matthew J. Kalmanson , Portland, argued the cause for appellants. Also on the briefs were Hart Wagner LLP, and Janet M. Schroer .

Rick Klingbeil , Portland, argued the cause for respondents. Also on the briefs were Rick Klingbeil, PC, Brady Mertz, PC, and Brady Mertz .

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.


This appeal reaches us following nearly seven years of class-action litigation in the trial court. In 2013, plaintiffs Loren and Gennise Hathaway (the Hathaways) first filed suit on behalf of themselves and all similarly situated persons against the owners and managers of Salem RV Park, where the Hathaways lived, alleging that certain...

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