Fresk v. Kraemer

Defendant appeals from a supplemental judgment and second supplemental judgment awarding plaintiff costs and attorney fees pursuant to ORS 20.080(1). The dispositive issue here is one that we expressly reserved in Reed v. Jackson County Citizens League, 183 Or App 89, 96 n 8, 50 P3d 1287 (2002): When a prelitigation offer to pay money is conditioned upon a discharge of the disputed claim, is that offer a “tender” for purposes of ORS 20.080(1)? We answer that question in the affirmative. Consequently, we reverse and remand.

The material facts are undisputed. On December 6, 1999, plaintiffs…