and submitted March 31, 2016
Clackamas County Circuit Court CV13110353 Henry C.
Breithaupt, Judge pro tempore.
Terrance J. Slominski argued the cause for appellants. With
him on the briefs were David W. Venables and Slominski and
Kimberley Hanks McGair argued the cause for respondent
Clackamas County Bank. With her on the brief was Farleigh
M. McCoy and Landerholm, P.S., for respondent JVV
Investments, LLC, joined the brief of respondent Clackamas
appearance for respondent Michelle Bertolino.
Ortega, Presiding Judge, and Lagesen, Judge, and Garrett,
brought a declaratory judgment action asking that the trial
court declare their rights in the property and declare two
foreclosure sales of their home invalid. After a summary
judgment hearing, the court granted defendants' motion
for summary judgment and entered a judgment dismissing
plaintiffs' claims, including the declaratory judgment
action. Subsequently, the court entered a supplemental
judgment awarding attorney fees under ORS 20.105 to Clackamas
County Bank (CCB). On appeal, plaintiffs assert that the
trial court [291 Or. 17] erred in granting defendants'
motion for summary judgment and awarding attorney fees to
trial court did not err in granting defendants' motion
for summary judgment and awarding of attorney fees in favor
of CCB. However, because it is error to dismiss a claim for
declaratory relief unless there is no justiciable
controversy, the Court of Appeals vacated the judgment and
remanded for entry of a judgment declaring the validity of
the second foreclosure sale and declaring that
plaintiffs' rights in the property were extinguished.
and remanded with instructions
Or. 18] ORTEGA, P.J.
Donald and Janet Schroeder, brought declaratory judgment
action asking that the trial court declare their rights in
the property and declare two foreclosure sales of their home
invalid. After a summary judgment hearing, the court granted
defendants' motion for summary judgment concluding
that the second foreclosure sale on plaintiffs' home was
valid and that their rights in the home were extinguished.
The court entered a judgment dismissing plaintiffs'