Alsaedi v. Conroy

395 P.3d 956, 285 Or. App. 95, 2017 WL 1489035, 2017 Ore. App. LEXIS 541
CourtCourt of Appeals of Oregon
DecidedApril 26, 2017
Docket140404987; A159011
StatusPublished
Cited by1 cases

This text of 395 P.3d 956 (Alsaedi v. Conroy) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alsaedi v. Conroy, 395 P.3d 956, 285 Or. App. 95, 2017 WL 1489035, 2017 Ore. App. LEXIS 541 (Or. Ct. App. 2017).

Opinion

TOOKEY, J.

Plaintiff appeals a judgment awarding her damages for property damage caused by defendants, assigning error to the trial court’s denial of her exception for attorney fees under ORS 20.080. For the reasons that follow, we affirm.

We review attorney fee awards under ORS 20.080 for errors of law. Johnson v. Swaim, 343 Or 423, 427, 172 P3d 645 (2007). On January 18, 2014, plaintiffs car was struck in rapid succession by each of the three defendants’ cars. On January 28, 2014, defendant Chhetri’s insurer, Travelers, issued an estimate of the cost to repair plaintiffs car. On February 26, 2014, plaintiffs attorney sent a demand letter to defendant Conroy and his insurer, Safeco. The letter stated:

“Demand is made for payment of $10,000 in damages that resulted from the collision of January 18, 2014 [,] caused by [defendant Conroy]. Please forward payment during the next 30 days. Please consider this to be a 30[-] day pre-suit notice issued pursuant to ORS 20.080.”

Shortly thereafter, plaintiffs attorney sent identical demand letters to defendants Gaspar and Chhetri and their insurers, State Farm and Travelers.

Plaintiff subsequently filed a complaint against defendants for the property damage to her car. The trial court referred the case to mandatory arbitration. On December 10, 2014, the arbitrator ruled in plaintiffs favor, finding defendants liable and awarding plaintiff damages. Plaintiff then petitioned for attorney fees, arguing that she was entitled to recover those fees pursuant to ORS 20.080.1 Plaintiffs attorney fee petition included an affidavit by plaintiffs counsel, averring that plaintiff made a demand [97]*97on defendants and that the attorney fees of plaintiffs counsel were reasonable; plaintiff attached the demand letters to the petition. Defendants objected to the award of attorney fees, contending that plaintiffs demand was insufficient under ORS 20.080(3), and as a result, plaintiff was not entitled to attorney fees.

On January 26, 2015, the arbitrator filed its decision and award with the court; the award provided plaintiff damages for her property damage and costs, but denied plaintiffs request for attorney fees. Plaintiff filed an exception pursuant to ORS 36.425(6)2 to the arbitrator’s denial of attorney fees, which defendants opposed. Following a hearing, the trial court denied plaintiffs exception. The trial court then entered a general judgment and money award against defendants for the amount of plaintiffs property damage and costs.

On appeal, plaintiff reprises her argument that she was entitled to attorney fees pursuant to ORS 20.080. Plaintiff contends that the demand letter that she sent to defendants included plaintiffs opinion of the value of the car, and therefore satisfied the requirements of ORS 20.080(3). Plaintiff asserts that an expert appraisal as to the car’s value was not “reasonably available” because defendants possessed plaintiffs car, ORS 20.080 does not require plaintiff to hire a third party appraiser, and defendants could have appraised the car themselves.

In response, defendants argue that plaintiffs demand was insufficient to satisfy the requirements of ORS 20.080(3). Defendants contend that during the arbitration proceedings, plaintiff did not argue that the demand for payment was her own estimate of the car’s preaccident value. Even if plaintiff [98]*98had raised that argument before the arbitrator, defendants assert that the demand for $10,000 did not indicate that that amount constituted plaintiffs estimate of the property damage; rather, the demand just stated how much plaintiff wanted in payment for “unspecified damages.” Defendants also contend that plaintiffs assertion that an appraisal was not reasonably available fails because plaintiff asserts that her car was totaled; consequently, defendants point out that plaintiff needed only to demonstrate the car’s value before the accident, information plaintiff had available to her because plaintiff purchased the car less than a year before the accident.

ORS 20.080(1) provides for an award of reasonable attorney fees to a plaintiff in a tort action where the amount pleaded is $10,000 or less and where the plaintiff makes written demand for payment on the defendant and the defendant’s insurer at least 30 days before commencement of the action.

“A written demand for the payment of damages under this section must include the following information, if the information is in the plaintiffs possession or reasonably available to the plaintiff at the time the demand is made:
‡⅜‡‡
“(b) In an action for damage to property, documentation of the repair of the property, a written estimate for the repair of the property or a written estimate of the difference in the value of the property before the damage and the value of the property after the damage.”

ORS 20.080(3) (emphasis added). ORS 20.080(5) prohibits a plaintiff from recovering attorney fees under the statute if the plaintiff fails to comply with the statutory requirements of ORS 20.080(3). As we have explained in Bedford v. Merety Monger Trust, 251 Or App 778, 783, 286 P3d 912 (2012), “[t]he policy behind ORS 20.080 ‘is to encourage settlement of small claims, to prevent insurance companies and tortfeasors from refusing to pay just claims, and to discourage plaintiffs from inflating their claims.’” (Quoting Rodriguez v. The Holland, Inc., 328 Or 440, 446, 980 P2d 672 (1999).)

[99]*99We conclude that plaintiffs demand failed to meet the requirements of ORS 20.080(3).

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Cite This Page — Counsel Stack

Bluebook (online)
395 P.3d 956, 285 Or. App. 95, 2017 WL 1489035, 2017 Ore. App. LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alsaedi-v-conroy-orctapp-2017.