75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 306
 
LC 1995/SB 306-7
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 306
 
                    By COMMITTEE ON JUDICIARY
 
                            April 24
 
  In line 2 of the printed bill, after '20.080' insert 'and
20.082'.
  In line 9, delete '10' and insert '20'.
  In line 11, delete '10' and insert '20'.
  In line 14, delete '10' and insert '20'.
  After line 18, insert:
  ' (3) A written demand for the payment of damages under this
section must include the following information, if the
information is in the plaintiff's possession or reasonably
available to the plaintiff at the time the demand is made:
  ' (a) In an action for an injury or wrong to a person, a copy
of medical records and bills for medical treatment adequate to
reasonably inform the person receiving the written demand of the
nature and scope of the injury claimed; and
  ' (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.
  ' (4) If after making a demand under this section, and before
commencing an action, a plaintiff acquires any additional
information described in subsection (3) of this section that was
not provided to the defendant with the demand, the plaintiff must
provide that information to the defendant as soon as possible
after the information becomes available to the plaintiff.
  ' (5) A plaintiff may not recover attorney fees under this
section if the plaintiff does not comply with the requirements of
subsections (3) and (4) of this section.'.
  In line 19, delete '(3)' and insert '(6)'.
  Delete lines 20 and 21 and insert:
  '  { +  SECTION 2. + }  { + (1) Except as provided in
subsection (2) of this section, the amendments to ORS 20.080 by
section 1 of this 2009 Act apply to all causes of action, whether
arising before, on or after the effective date of this 2009 Act.
  ' (2) The amendments to ORS 20.080 by section 1 of this 2009
Act do not apply to an action that was filed before the effective
date of this 2009 Act. + }
  '  { +  SECTION 3. + } ORS 20.082 is amended to read:
  ' 20.082. (1) As used in this section, 'contract' includes:
  ' (a) Express contracts;
  ' (b) Implied contracts; and
  ' (c) Instruments or documents evidencing a debt.
  ' (2) Except as provided in this section, a court shall allow
reasonable attorney fees to the prevailing party on any claim
based on contract if:
  ' (a) The amount of the principal together with interest due on
the contract at the time the claim is filed is   { - $5,500 - }
 { +  $10,000 + } or less; and
  ' (b) The contract does not contain a clause that authorizes or
requires the award of attorney fees.
  ' (3) Attorney fees may not be awarded to a plaintiff under the
provisions of this section unless written demand for payment of
the claim was made on the defendant not less than   { - 10 - }
 { +  20 + } days before the commencement of the action or the
filing of a formal complaint under ORS 46.465, or not more than
 { - 10 - }  { +  20 + } days after the transfer of the action
under ORS 46.461. The failure of a plaintiff to give notice under
the provisions of this subsection does not affect the ability of
a defendant to claim attorney fees under the provisions of this
section.
  ' (4) Attorney fees may not be awarded to a plaintiff under the
provisions of this section if the court finds that the defendant
tendered to the plaintiff, prior to the commencement of the
action or the filing of a formal complaint under ORS 46.465, or
not more than   { - 10 - }  { +  20 + } days after the transfer
of the action under ORS 46.461, an amount not less than the
amount awarded to the plaintiff.
  ' (5) The provisions of this section do not apply to:
  ' (a) Contracts for insurance;
  ' (b) Contracts for which another statute authorizes or
requires an award of attorney fees;
  ' (c) Any action for damages for breach of an express or
implied warranty in a sale of consumer goods or services that is
subject to ORS 20.098; or
  ' (d) Any action against the maker of a dishonored check that
is subject to ORS 30.701.
  '  { +  SECTION 4. + }  { + (1) Except as provided in
subsection (2) of this section, the amendments to ORS 20.082 by
section 3 of this 2009 Act apply to all contracts, whether
entered into before, on or after the effective date of this 2009
Act.
  ' (2) The amendments to ORS 20.082 by section 3 of this 2009
Act do not apply to any action on a contract filed before the
effective date of this 2009 Act. + } ' .
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