Stations West, LLC v. Pinnacle Bank

MEMORANDUM *

Stations West, LLC (Stations West) appeals dismissal of its wrongful foreclosure claims against Joel Parker, and summary judgment on its wrongful foreclosure, trespass, and conversion claims against BP West Coast Products LLC (BP). We affirm.

I

As the First Amended Complaint incorporates the Trust Deed, Notice of Default, and Notice of Sale, we may review them to see whether the alleged deficiencies exist under Oregon Revised Statutes (ORS) sections 86.735 and 86.745 (2003). 1 See Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir.2005). Assuming Stations West may proceed on such a claim, the trustee’s name and mailing address are listed in the notices. See ORS § 86.745(1). The notices set forth the default, that is, that Stations West failed to make payment of all outstanding principal plus accrued interest on the note secured by the trust deed when due. See id. § 86.745(4). And, the notices set forth the “sum owing” on the trust deed obligation, which was the “[pjrineipal balance of $2,099,280.77 together with interest (at the default rate), plus late charges, trustee’s fees, attorney’s fees, costs of foreclosure, and any sums *660 advanced by the beneficiary pursuant…