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CLASSEN v. ARETE NW, LLC

101014202; A147893.

294 P.3d 520 (2012)

254 Or. App. 216

Kimberly CLASSEN, Plaintiff-Appellant, v. ARETE NW, LLC, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 19, 2012.

Attorney(s) appearing for the Case

Erin K. Olson argued the cause for appellant. With her on the briefs was Law Office of Erin Olson, P.C.

Jonathan W. Henderson , Portland, argued the cause for respondent. With him on the brief were Paul R. Xochihua and Davis Rothwell Earle & Xochihua P.C.

Before ARMSTRONG, Presiding Judge, and BREWER, Judge, and DUNCAN, Judge.

BREWER, J.

Plaintiff appeals from a judgment dismissing with prejudice her complaint for intentional or negligent spoliation of evidence. The trial court entered the judgment after granting defendant's motion to dismiss plaintiff's complaint under ORCP 21 A(8) for failure to state facts sufficient to constitute a claim for relief and denying plaintiff's motion to amend her complaint to add a claim for negligent infliction of emotional distress. We affirm the dismissal...

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