Oregon Account Systems, Inc. v. Greer

WARDEN, S. J.,

concurring.

The dissent sees a preservation issue in this case where there is none.

When defendants moved to dismiss for failure of the complaint to state ultimate facts sufficient to constitute a claim, i.e., demurred to the complaint, the issue was joined and the record was complete. Plaintiff was not required by ORCP 21 to file any response (although UTCR 5.030 appears to allow one) or to appear for argument. The issue is only the sufficiency of the complaint; no argument, no evidence is necessary. The trial judge simply erred in ruling on that question. The majority’s, analysis is correct, and I concur.

Edmonds and Linder, JJ., join in this concurrence.