Blunier v. Staggs

279 P.3d 826 (2012)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Blunier v. Staggs

Oregon Court of Appeals
279 P.3d 826 (2012)

  • Written by Haley Gintis, JD

Facts

In 2004, Bernard D. and Jean Marie Blunier (plaintiffs) sold a house to Richard Staggs (defendant). The house was sold with a promissory note secured by a trust deed. The trust deed provided that Staggs was required to preserve and maintain the property and to not commit waste. The trust deed also provided that Staggs was responsible for paying all attorney’s fees related to the enforcement of the trust deed. In 2006, Staggs assigned his interest to Walter Scott Zwingli (defendant). Zwingli renovated the property to increase its value. While the renovations were ongoing, Zwingli left construction debris and garbage outside of the property. Upon observing the debris and garbage, the Bluniers sent letters to Staggs and Zwingli instructing them to clean up the property. Staggs and Zwingli declined to accept the letter and the Bluniers involved an attorney in the matter. The attorney informed Staggs and Zwingli that if the property was not cleaned up, then the Bluniers would begin foreclosure proceedings. Staggs and Zwingli cleaned up the property. The attorney then informed Staggs and Zwingli that they owed $460 in attorney’s fees pursuant to the trust deed. Staggs and Zwingli refused to pay the attorney’s fees. The attorney continued to demand the fees which eventually increased the amount owed to over $2,000. By 2009, the promissory note had been paid off, but Staggs and Zwingli had not paid the attorney’s fees. In response, the Bluniers initiated foreclosure proceedings in Oregon state court on the ground that Staggs and Zwingli had committed waste in violation of the trust deed and had not paid their obligation in attorney’s fees. The trial court returned a verdict in favor of the Bluniers. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Schuman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership