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PERRY v. HERNANDEZ

08CV1717CC; A146728.

333 P.3d 1188 (2014)

265 Or. App. 146

Paul S. PERRY, Plaintiff-Appellant, v. John L. HERNANDEZ and Toni R. Hernandez, husband and wife, Defendants-Respondents, and Shawn Hernandez and Tonya Hernandez, husband and wife, dba American Residential Management Services; and Justin Hernandez, Defendants.

Court of Appeals of Oregon.

Decided August 20, 2014.

Attorney(s) appearing for the Case

Kenneth P. Dobson argued the cause for appellant. With him on the opening brief were Megan Cook and Chenoweth Law Group, PC. With him on the reply brief was Chenoweth Law Group, PC.

Dan G. McKinney argued the cause for respondents. With him on the brief was DC Law.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and DE MUNIZ, Senior Judge.

DE MUNIZ, S.J.

Plaintiff prevailed on a claim under the Residential Landlord and Tenant Act (RLTA), ORS 90.100-ORS 90.875, and sought an award of attorney fees. ORS 90.255. The trial court denied attorney fees on the ground that plaintiff's counsel had not sufficiently apportioned his fees between plaintiff's fee-bearing claim and those claims for which attorney fees were not authorized. We conclude that the trial court erred in denying plaintiff's attorney-fees claim...

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