Stations West, LLC v. Pinnacle Bank
Stations West, LLC v. Pinnacle Bank
Opinion of the Court
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).
II
The district court did not abuse its discretion in declining to consider the theory, first advanced in response to BP’s motion for summary judgment, that BP trespassed before the foreclosure sale. Changing the basis of liability at that point would have effectively amended the complaint after the close of discovery and initiation of summary judgment proceedings. See Acri v. Int’l Ass’n of Machinists & Aerospace Workers, 781 F.2d 1393, 1398-99 (9th Cir. 1986); Roberts v. Ariz. Bd. of Regents, 661 F.2d 796, 798 (9th Cir. 1981). In any event, the only evidence proffered in support was hearsay. See Fed.R.Evid. 801(c) & 802.
Neither does Stations West raise a triable issue that BP converted its equipment and personal property. BP’s evidence that nothing of value was left at the station as of November 6, 2006, is substantially un-controverted. To the extent timely presented, Stations West’s claims are without substantiation based on specific equipment or values. See Hall v. Work, 223 Or. 347, 354 P.2d 837, 842-43 (1960).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. The June 24, 2009 amendments to ORS section 86.745 do not affect the issues in this appeal. See 2009 Oregon Sess. Laws, ch. 510, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.