Jeska v. Mulhall

Plaintiffs appeal from a judgment that dismissed their amended complaint with prejudice. They assign as errors that the court dismissed their original complaint for failure to state a claim for fraud, ORCP 21A(8), and struck the amended complaint as sham and frivolous. Plaintiffs did not replead, and the court entered judgment. We reverse and remand.

In the original complaint plaintiffs alleged that defendant is an attorney, that his clients, the Dufts, offered to sell their interest in certain real property (the “property”), that before the transaction closed defendant, as attorney for the…