Wingert Grebing represented a former city attorney for a small municipality against a lawsuit by a public entity asserting claims for legal malpractice, breach of fiduciary duty and breach of a written contract.   The complaint alleged the claims were assigned to the public entity by the municipality.

Wingert demurred to the complaint asserting the claims were all based on legal malpractice allegations and could not be assigned.  In response, the public entity sought to amend the complaint to state claims for fraud, theft, conspiracy and intentional interference with contractual relations.

After oral argument, the Court agreed the claims are not assignable and ruled that all potential claims arose out of the alleged legal malpractice.  The Court sustained Wingert’s demurrer without leave to amend and dismissed the lawsuit in its entirety.