Domingo v. Anderson

In this action for breach of contract, breach of fiduciary duty and negligence, plaintiffs appeal from a summary judgment for defendants. ORCP 47 C. They also appeal an amended judgment that awarded attorney fees to defendant Anderson. We affirm in part and reverse in part.

These facts are not in dispute. In 1983, plaintiffs gave Anderson a promissory note (the Anderson note), which was secured by a trust deed on real property that became plaintiffs’ residence. The Anderson note provided that, after plaintiffs paid the obligation to Anderson, they would assume an underlying loan on the…