Kracht

Plaintiff Brenda Kracht, as administratrix of the estate of William Thomas Wacha, appeals from an order of dismissal entered after the demurrer to Kracht’s complaint by defendants Perrin, Gartland & Doyle et al. (hereafter Attorneys) was sustained without leave to amend. Kracht argues the causes of action for legal malpractice alleged in her complaint are properly assertable by her as assignee, notwithstanding contrary California case law for the following reasons: (1) the claims are governed by Oregon law, which allegedly allows assignment of such claims; and (2) even if California law applies, the claims are assignable under California law.

1. Factual and Procedural Background

We accept as true all allegations stated in the complaint. (Buckaloo v. Johnson (1975) 14 Cal.3d 815, 828 [ 122 Cal.Rptr. 745 , 537 P.2d 865 ].) Based thereon, it appears that in 1983 defendants were attorneys licensed to practice law in Oregon, but were not licensed in California. In July of 1983 Kracht filed a complaint against a Charles Hogue in California. In 1986 Kracht served discovery upon Hogue, who was representing himself in propria persona. Hogue allegedly consulted Attorneys while in…