PREHALL v. Weigel

The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants’ alleged wrongful conduct in carrying out the terms of the operating agreements that governed the affairs of the LLC. Plaintiff sought a jury trial. The trial court ruled that plaintiffs claims sounded in equity because they sought equitable relief and, accordingly, denied plaintiffs…