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lawsuit, cont'd, again - blue dog blog™
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littlebluedog
littlebluedog
Tim
Tuesday, October 18th, 2011 10:15 am
lawsuit, cont'd, again

Prior posts on this topic:
  • June 22: I was sued by my former landscaping service because I withheld payment for shoddy work and instead tried to negotiate a commensurate fee. This plan was not successful.
  • Aug. 25: I filed a motion to dismiss on the theory that the case should have been filed in small claims, and that the complaint included an inaccurate amount.
  • Sept. 14: My motion to dismiss was granted, and the case was dismissed.
In civil cases, when you prevail in court, you typically get to recover costs and disbursements (court fees and incidental costs related to the litigation). In some cases you can also recover attorney fees.

As part of the costs and disbursements, Oregon law provides that you can recover a prevailing party fee. This fee is set by statute according to what kind of case it was. In addition to this amount, the court has discretion to award an "enhanced" prevailing party fee of up to $5,000, upon considering a bunch of factors (such as how the parties conducted themselves, whether they pursued settlement, etc.).

Yesterday I filed a motion that addresses each of these factor in turn, and argues that an enhanced prevailing party is justified in this case. I pointed out what I felt were examples of poor/improper conduct on the plaintiff's side, and also explained that although I did have the advice of an attorney, I did a lot of work myself, including drafting all of the court filings.

We'll see how this goes. A hearing on this motion is set a couple weeks from now, and in the interim I expect that the plaintiff is going to file a responsive pleading addressing my arguments and alleging a bunch of misconduct on my part.

8CommentReply

polarbear
polarbear
No Time For Love, Dr. Jones
Tuesday, October 18th, 2011 05:18 pm (UTC)

Good luck!


ReplyThread
littlebluedog
littlebluedog
Tim
Tuesday, October 18th, 2011 09:42 pm (UTC)

Thanks. So, are you only posting on FB now? I see nothing on your G+ page, and a post from May in your LJ.


ReplyThread Parent
polarbear
polarbear
No Time For Love, Dr. Jones
Wednesday, October 19th, 2011 02:04 am (UTC)

I'm not really posting here or anywhere. Most of the time, it's Twitter or FB. I've been trying to get back into the habit of LJ, but so far it's not happening. I wish I had a laptop so I could journal at work.


ReplyThread Parent
glowing_fish
glowing_fish
Matthew Harris
Tuesday, October 18th, 2011 09:18 pm (UTC)
If I can ask...

What is the motivation for you in all of this? Seems like the effort-to-payoffs ration might be getting a little thin...


ReplyThread
littlebluedog
littlebluedog
Tim
Tuesday, October 18th, 2011 09:41 pm (UTC)
Re: If I can ask...

Remember he sued me, so my efforts were more or less required if I wanted to avoid a default judgment and also be on the hook for his attorney fees. That was the motivation up until the case was dismissed.

Now, though, the main motivation is mostly to have done, and stay done. The court granted him leave to pursue this in small claims. He's demonstrated considerable temerity in pursuing this so far, so even though this effort ended in my favor, he might come at me in small claims. Even though I'm fairly confident I could get an acceptable result there, I don't really want to deal with it. So perhaps a court order to cough up an enhanced prevailing party fee to me here would deter him filing a followup action there. So, that's one reason. A secondary motivation is to get a little compensation for the efforts I did put in.


ReplyThread Parent
glowing_fish
glowing_fish
Matthew Harris
Wednesday, October 19th, 2011 02:20 am (UTC)
Re: If I can ask...

Ah, okay, that makes sense.

"Leaving is good. Not coming back is better" --- The 11th Doctor, in "The 11th Hour"


ReplyThread Parent
wuweibaby
wuweibaby
touching now
Wednesday, October 19th, 2011 12:36 am (UTC)

Heh, effed with the wrong guy


ReplyThread
ejbouffard
ejbouffard
Thursday, October 20th, 2011 03:07 am (UTC)

Charge him for lawyer school :)


ReplyThread