Diamond Claims & Inves., Inc. v. Grensky

Defendant appeals from a judgment that included two awards of attorney fees. We modify the judgment to delete the award, under ORS 646.638(3),1 of attorney fees of $383.50 for defending against defendant’s counterclaim. Plaintiff did not file a pleading alleging the facts, statute or rule that provide a basis for that award. ORCP 68C(2); see also Parkhurst v. Faessler, 62 Or App 539, 661 P2d 571 (1983).

Judgment modified to delete award of $383.50 attorney fees; affirmed as modified.

ORS 646.638(3) provides:

“In any action brought by a person under this section, the court may award, in addition…