Susitna Ltd. v. Pacific First Federal

Plaintiffs, property managers, brought this action for breach of contract, breach of fiduciary duty and intentional infliction of emotional distress. Defendant Pacific First Federal, a bank, moved to dismiss all 3 claims for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). The trial court granted the motion and plaintiffs appeal. We reverse in part.

In reviewing a motion to dismiss for failure to state a claim, we assume the truth of all well-pleaded allegations. Machunze v. Chemeketa Community College, 106 Or App 707, 712, 810 P2d 406, rev den 312 Or 16 (1991). A…