Hilt v. Bernstein

This is a malpractice action against two attorneys. Plaintiffs amended complaint contained allegations of negligence and breach of fiduciary duty against Bernstein and allegations of negligence against Pengilly. The trial court dismissed the complaint on the attorneys’ respective motions to dismiss for failure to state ultimate facts sufficient to state a claim, ORCP 21A(8), and plaintiff declined to plead further. She appeals from the subsequent judgments entered in favor of defendants. We reverse in part and remand the action against Bernstein; we affirm the dismissal of the action against…