Crosby v. ALG Trustee, LLC

The Supreme Court reversed the decision of the circuit court in sustaining the demurrer filed by ALG Trustee, LLC and dismissing Appellant’s second complaint with prejudice, holding that Appellant’s allegations were sufficient to survive a demurrer. Appellant alleged in this complaint that ALG Trustee had breached its fiduciary duty as trustee under a deed of trust. Ultimately, the trial court sustained the demurrer filed by ALG Trustee. The Supreme Court reversed, holding (1) the trial court erred in mischaracterizing Appellant’s claim as a common law negligence claim because Appellant’s claim sounded in contract, not tort; and (2) the trial court erred in concluding that ALG Trustees had no duties beyond those set forth in the deed of trust. View "Crosby v. ALG Trustee, LLC" on Justia Law