75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to A-Eng. SB 306
 
LC 1995/SB 306-A17
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 306
 
                    By COMMITTEE ON JUDICIARY
 
                             June 1
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 26 and insert:
  '  { +  SECTION 1. + } ORS 20.080 is amended to read:
  ' 20.080. (1) In any action for damages for an injury or wrong
to the person or property, or both, of another where the amount
pleaded is   { - $5,500 - }  { +  $7,500 + } or less, and the
plaintiff prevails in the action, there shall be taxed and
allowed to the plaintiff, at trial and on appeal, a reasonable
amount to be fixed by the court as attorney fees for the
prosecution of the action, if the court finds that written demand
for the payment of such claim was made on the defendant { + , and
on the defendant's insurer, if known to the plaintiff, + } not
less than   { - 10 - }   { + 30 + } days before the commencement
of the action or the filing of a formal complaint under ORS
46.465, or not more than   { - 10 - }   { + 30 + } days after the
transfer of the action under ORS 46.461. However, no attorney
fees shall be allowed to the plaintiff 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 - }   { + 30 + } days
after the transfer of the action under ORS 46.461, an amount not
less than the damages awarded to the plaintiff.
  ' (2) If the defendant pleads a counterclaim, not to exceed
  { - $5,500 - }  { +  $7,500 + }, and the defendant prevails in
the action, there shall be taxed and allowed to the defendant, at
trial and on appeal, a reasonable amount to be fixed by the court
as attorney fees for the prosecution of the counterclaim.
  '  { +  (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; or
  ' (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 with the demand, the plaintiff must provide that
information to the defendant, and to the defendant's insurer, if
known to the plaintiff, 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. + }
  '  { - (3) - }   { + (6) + } The provisions of this section do
not apply to any action based on contract.
  '  { +  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 20.080, as amended by section 1 of
this 2009 Act, is amended to read:
  ' 20.080. (1) In any action for damages for an injury or wrong
to the person or property, or both, of another where the amount
pleaded is   { - $7,500 - }  { +  $10,000 + } or less, and the
plaintiff prevails in the action, there shall be taxed and
allowed to the plaintiff, at trial and on appeal, a reasonable
amount to be fixed by the court as attorney fees for the
prosecution of the action, if the court finds that written demand
for the payment of such claim was made on the defendant, and on
the defendant's insurer, if known to the plaintiff, not less than
30 days before the commencement of the action or the filing of a
formal complaint under ORS 46.465, or not more than 30 days after
the transfer of the action under ORS 46.461. However, no attorney
fees shall be allowed to the plaintiff 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 30 days after the transfer of
the action under ORS 46.461, an amount not less than the damages
awarded to the plaintiff.
  ' (2) If the defendant pleads a counterclaim, not to exceed
  { - $7,500 - }  { +  $10,000 + }, and the defendant prevails in
the action, there shall be taxed and allowed to the defendant, at
trial and on appeal, a reasonable amount to be fixed by the court
as attorney fees for the prosecution of the counterclaim.
  ' (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; or
  ' (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 with the demand, the plaintiff must provide that
information to the defendant, and to the defendant's insurer, if
known to the plaintiff, 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.
  ' (6) The provisions of this section do not apply to any action
based on contract.
  '  { +  SECTION 4. + }  { + (1) The amendments to ORS 20.080 by
section 3 of this 2009 Act become operative on January 1, 2012.
  ' (2) Except as provided in subsection (3) of this section, the
amendments to ORS 20.080 by section 3 of this 2009 Act apply to
all causes of action, whether arising before, on or after January
1, 2012.
 
  ' (3) The amendments to ORS 20.080 by section 3 of this 2009
Act do not apply to an action that was filed before January 1,
2012. + } ' .
  On page 2, delete lines 1 through 14.
  In line 15, delete '3' and insert '5'.
  In line 42, delete '4' and insert '6'.
  In line 43, delete '3' and insert '5'.
  In line 45, delete '3' and insert '5'.
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