Jaimez v. Rosales

Under ORS 20.075(1), the Court was required to consider various factors when deciding whether to award attorney fees, including the conduct of the parties, the reasonableness of their claims and defenses, the deterrence of good faith and meritless claims, the parties' diligence during the proceeding and settlement, the amount of fees for the prevailing party, and any other relevant factors.

Plaintiff appealed a supplemental judgment after the trial court denied his request for attorney fees in connection with a contempt proceeding against Defendant. The contempt proceeding was initiated to enforce a provision of their dissolution of marriage agreement that required Defendant to help obtain a passport for their child. On appeal, Plaintiff argued that the court erred by denying his request for fees based on the history of the case, instead of considering the factors specified in ORS 20.075.  Under ORS 20.075(1), the Court was required to consider various factors when deciding whether to award attorney fees, including the conduct of the parties, the reasonableness of their claims and defenses, the deterrence of good faith and meritless claims, the parties' diligence during the proceeding and settlement, the amount of fees for the prevailing party, and any other relevant factors.  The Court determined that the trial court had applied the correct legal standard and had properly considered the statutory factors before making a decision that fell within the permissible ranges of outcomes. Therefore, the court did not abuse its discretion. Affirmed.