Condon v. Bank of California, N.A.

RIGGS, J., pro tempore.

Plaintiffs appeal from an ORCP 67B judgment. They challenge trial court orders that granted defendant’s ORCP 21 motions to dismiss certain claims from their second and third amended complaints. We affirm in part and reverse in part.

Plaintiffs are four of the five beneficiaries of a trust, and defendant is the trustee. Plaintiffs seek damages for defendant’s alleged negligent breach of fiduciary duty and, under ORS 128.051, a refund of excessive fees allegedly charged by defendant. The trial court granted defendant’s ORCP 21A motion to dismiss the negligence claim on the…