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ASATO v. DUNN

0205-04751, 0205-04752, A126930.

138 P.3d 914 (2006)

206 Or. App. 753

Ryo ASATO; Haruo Ginoza; Yoshiro Nakayama; Makiko Nakayama; Hiromi Tokuyama; Yoriko Tokuyama; Toyoko Asato, as guardian ad litem for Hitomi Asato; and Katsuya Nadoyama, Appellants, v. Frank T. DUNN, Jr.; Steve Morando; Morando, Dunn and Kayo, a general partnership and nominally; and Vacaville Associates Limited Partnership, a Nevada limited partnership, Respondents, and Takaaki Kayo, Defendant. Haruo Ginoza; Ayako Ginoza; Shuji Toyama; Ikuo Ota; Koji Tamaki; Katsutoshi Taira; and Chosei Yamashiro, Appellants, v. Frank T. Dunn, Jr.; Steve Morando; Morando, Dunn and Kayo, a general partnership and nominally; and Fairfield Associates Limited Partnership, a Nevada limited partnership, Respondents, and Takaaki Kayo; Tadayoshi Kosugi; Hiroko Kosugi; Ayuma Yamada; Mitchiko Yamada and Yoshihisa Yamada, Defendants.

Court of Appeals of Oregon.

Decided July 12, 2006.

Attorney(s) appearing for the Case

Robert J. McGaughey argued the cause and filed the briefs for appellants.

Leslie Johnson argued the cause for respondents Steve Morando and Morando, Dunn & Kayo.

No appearance for respondents Frank T. Dunn, Jr., Vacaville Associates Limited Partnership, and Fairfield Associates Limited Partnership.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

These consolidated cases arose out of a dispute between plaintiffs and defendants concerning two limited partnerships organized to invest in real estate. The trial court dismissed plaintiffs' claims as a sanction for discovery violations and awarded defendants an enhanced prevailing party fee. On appeal, plaintiffs make five assignments of error challenging various trial court rulings. We write only to address the first and fifth assignments and reject...

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