McCarthy v. Tomlinson

Plaintiffs sued defendants, who are attorneys, on a theory of money had and received, to recover fees that they had paid defendants. The trial court dismissed the complaint for failure to state a claim. Plaintiffs appeal, and we affirm.

Because this case was decided on a motion to dismiss, we accept the facts pleaded by plaintiffs as true. Sommerfeldt v. Trammell, 74 Or App 183, 187, 702 P2d 430 (1985). Plaintiffs hired defendants to prosecute a claim. According to the complaint, defendants breached their fiduciary duty to plaintiffs by (1) failing to act solely for plaintiffs’ benefit by…