Vazquez v. Reeves

Plaintiffs appeal from a judgment under ORCP 21 A(8), dismissing their claim for wrongful use of civil proceedings. We reverse and remand.

In reviewing the dismissal of a complaint for failure to state a claim, we assume the truth of all allegations, as well as any reasonably related inferences, and view them in the light most favorable to the nonmoving party. Jaqua v. Nike, Inc., 125 Or App 294, 865 P2d 442 (1993). The operative pleading, plaintiffs’ third amended complaint, alleges the following material facts: Plaintiff Hollie Vazquez is the mother of plaintiffs Mahwren and Levi Wear.…