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HALPERIN v. PITTS

(CC C064436CV; CA A139639; SC S059505).

287 P.3d 1069 (2012)

352 Or. 482

Eric HALPERIN and Beatrice H. Michel, Respondents on Review, v. Ray PITTS and Joyce Pitts, Petitioners on Review. Ray Pitts and Joyce Pitts, Counterclaim Plaintiffs, v. Eric Halperin and Beatrice H. Michel, Counterclaim Defendants.

Supreme Court of Oregon, En Banc.

Decided October 4, 2012.

Attorney(s) appearing for the Case

Michael J. Morris , Bennett, Hartman, Morris & Kaplan, LLP, Portland, argued the cause and filed the brief for petitioners on review.

Cody Hoesly , Larkins Vacura LLP, Portland, argued the cause and filed the brief for respondents on review.

LANDAU, J.

ORS 20.0801 provides for an award of attorney fees in small tort actions. Subsection (1) of the statute provides for an award to the plaintiff, if the plaintiff prevails in the action. That subsection spells out certain procedural prerequisites to such an award to the plaintiff, including a requirement that the plaintiff must have made a timely written demand on the defendant before initiating the action. Subsection (2) provides...

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