GREENE & MARKLEY, P.C.

1515 S.W. Fifth Avenue, Suite 600

Portland, OR 97201

Telephone: (503) 295-2668

Facsimile: (503) 224-8434

Page 1 - COMPLAINT (NEGLIGENT MISREPRESENTATION, NEGLIGENCE AND

BREACH OF CONTRACT)

Daniel L. Steinberg, OSB #99369

E-mail: daniel.steinberg@greenemarkley.com

Greene & Markley, P.C.

1515 SW Fifth Avenue, Suite 600

Portland, OR 97201

Telephone: (503) 295-2668

Facsimile: (503) 224-8434

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

(PORTLAND DIVISION)

PREMIER COMMUNITY BANK,

Plaintiff,

v.

FIRST AMERICAN TITLE INSURANCE

COMPANY,

Defendant.

 No. 3:14-cv-913

COMPLAINT (NEGLIGENT

MISREPRESENTATION, NEGLIGENCE

AND BREACH OF CONTRACT)

JURY TRIAL DEMANDED

Plaintiff alleges:

PARTIES

1. Premier Community Bank is an Oregon chartered bank, and formerly

known as Columbia Community Bank.

2. First American Title Insurance Company is a California corporation doing

business in Oregon and Washington, and is the successor by merger to Pacific Northwest

Title Company, a Washington corporation (“Pacific Title”).

3. The amount in controversy, without interest and costs, exceeds the sum or

value specified by 28 U.S.C. § 1332.

/ / /

Case 3:14-cv-00913-PK Document 5 Filed 06/06/14 Page 1 of 4
GREENE & MARKLEY, P.C.

1515 S.W. Fifth Avenue, Suite 600

Portland, OR 97201

Telephone: (503) 295-2668

Facsimile: (503) 224-8434

Page 2 - COMPLAINT (NEGLIGENT MISREPRESENTATION, NEGLIGENCE AND

BREACH OF CONTRACT)

FACTS

4. On or about February 27, 2008, Plaintiff and Pacific Title entered into an

agreement whereby Pacific Title insured Plaintiff against loss or damage stemming from

the invalidity or unenforceability of Plaintiff’s deed of trust lien on certain real property

known as 3822 Wiggins Road SE, Olympia, Washington (the “Property”). 

5. Ultimately, the Supreme Court of the State of Washington found that

Plaintiff’s deed of trust on the Property was invalid.

FIRST CLAIM FOR RELIEF

(Negligent Misrepresentation)

6. Plaintiff realleges paragraphs 1-5.

7. By issuing its title insurance policy to Plaintiff, Pacific Title made

representations which it intended Plaintiff to rely on. Plaintiff in fact relied on the

representations of Pacific Title.

8. Pacific Title’s representations were false and, as a result, Plaintiff has been

damaged in an approximate amount of $212,000 with an exact amount to be proven at

trial. 

SECOND CLAIM FOR RELIEF

(Negligence)

9. Plaintiff realleges paragraphs 1-8.

10. Pacific Title owed Plaintiff a duty to obtain proper and authorized

signatures on the deed of trust in order for the deed of trust to be valid.

11. Pacific Title breached that duty by failing to obtain proper and authorized

signatures on the deed of trust, which resulted in Plaintiff’s deed of trust on the Property

being invalid.

/ / /

Case 3:14-cv-00913-PK Document 5 Filed 06/06/14 Page 2 of 4
GREENE & MARKLEY, P.C.

1515 S.W. Fifth Avenue, Suite 600

Portland, OR 97201

Telephone: (503) 295-2668

Facsimile: (503) 224-8434

Page 3 - COMPLAINT (NEGLIGENT MISREPRESENTATION, NEGLIGENCE AND

BREACH OF CONTRACT)

12. As a result of Pacific Title’s breach, Plaintiff has been damaged in the

approximate amount of $212,000 with an exact amount to be proven at trial.

THIRD CLAIM FOR RELIEF

(Breach of Contract)

13. Plaintiff realleges paragraphs 1-12.

14. Under the terms of the title insurance policy provided by Pacific Title,

Pacific Title owed Plaintiff a duty to indemnify Plaintiff against loss or damage stemming

from the invalidity or unenforceability of Plaintiff’s lien on the Property.

15. Despite demand, Pacific Title has refused and failed to pay the amounts due

and owing to Plaintiff. As a result of Pacific Title’s breach, Plaintiff has been damaged in

the approximate amount of $212,000, the exact amount to be proven at trial. Also,

Plaintiff is entitled to its reasonable attorney’s fees incurred herein. 

FOURTH CLAIM FOR RELIEF

(Breach of Contract)

16. Plaintiff realleges paragraphs 1-15.

17. Plaintiff also engaged Pacific Title as escrow to disburse loan funds to the

borrower if and when Plaintiff’s deed of trust was in a valid first priority position on the

Property, which engagement Pacific Title accepted.

18. Pacific Title breached that agreement by disbursing the loan funds to the

borrower even though the deed of trust was invalid. 

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For a judgment in Plaintiff’s favor in an amount of be proven at trial, but

not less than $212,000;

2. For an award of Plaintiff’s reasonable costs and attorney’s fees incurred

herein; and

Case 3:14-cv-00913-PK Document 5 Filed 06/06/14 Page 3 of 4
GREENE & MARKLEY, P.C.

1515 S.W. Fifth Avenue, Suite 600

Portland, OR 97201

Telephone: (503) 295-2668

Facsimile: (503) 224-8434

Page 4 - COMPLAINT (NEGLIGENT MISREPRESENTATION, NEGLIGENCE AND

BREACH OF CONTRACT)

3. For such further relief this court deems just and equitable.

4. Plaintiff demands a jury trial.

DATED this 6th day of June 2014.

GREENE & MARKLEY, P.C.

By /s/ Daniel L. Steinberg 

 Daniel L. Steinberg, OSB #99369

 Telephone: (503) 295-2668

 Attorneys for Plaintiff

\G:\Clients\7520\002\Pleadings\P Complaint - Pacific Northwest Title.wpd

Case 3:14-cv-00913-PK Document 5 Filed 06/06/14 Page 4 of 4