Oakleaf Mobile Home Park v. Mancilla

Defendant Anthony Mancilla appeals the trial court’s refusal to award costs and attorney fees under ORS 90.255. He argues that, because plaintiff voluntarily dismissed its forcible entry and detainer (FED) action against him, he is the prevailing party and is entitled to costs and attorney fees. We reverse and remand.

On December 24, 2001, plaintiff served defendants 1 with a 24-hour eviction notice. On January 3, 2002, plaintiff filed a residential eviction complaint with the trial court. The complaint asserted that plaintiff was entitled to possession of the property under ORS 90.400(3). 2…