Dotson v. Smith

I would hold that an ORCP 21A(9) motion to dismiss tests each claim in a complaint separately. Therefore, I respectfully dissent.

The rules of civil procedure allow plaintiffs to join claims against a number of parties and to assert alternative and even inconsistent claims. ORCP 24A; ORCP 16C. The majority holds that the trial court could look to plaintiffs claim against her former attorney to ascertain the facts in considering a motion to dismiss her claim against the other party. The majority’s holding penalizes plaintiff for joining claims that are not strictly factually inconsistent, but…