Halperin v. Pitts

*484LANDAU, 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 for an award of fees to the defendant if the defendant pleads a counterclaim and the defendant prevails in the action. Subsection (2), however, does not…