Johnson v. Best Overhead Door, LLC
238 Or. App. 559
| Or. Ct. App. | 2010Background
- Plaintiff Johnson alleged sexual harassment by Jones and that Best Overhead Door, LLC knew or should have known of Jones's conduct.
- The trial court found Best liable for sexual harassment and granted injunctive relief but denied back pay.
- A general judgment was entered December 24, 2007; plaintiff sought attorney fees on January 7, 2008, but the filing was later filed with the clerk on January 9, 2008 due to misdelivery.
- Defendant objected to the late fee request as untimely under ORCP 68 C(4)(a) which requires filing within 14 days after judgment.
- The trial court allowed a late filing under ORCP 15 D and awarded fees of $26,823.50 and costs of $1,386, limiting fees to the successful sexual harassment claim.
- On appeal, defendant challenged only the late filing allowance and the fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ORCP 15 D permits late fee filing | ORCP 15 D allows filing after the time limit when justified. | ORCP 15 D cannot excuse late filing in this context; ORCP 12 B applies instead. | Trial court properly exercised discretion to permit late filing under ORCP 15 D. |
| Prevailing party and scope of fees | Johnson prevailed on the sexual harassment claim and is entitled to fees. | No entitlement beyond the judgment's scope; possible limitation to successful claim only. | Plaintiff prevailed on the harassment claim and fees awarded accordingly for the successful claim. |
| Detail sufficiency of fee statement | Fee statement was sufficiently detailed to permit award. | Fee statement lacked necessary specificity. | Fee statement deemed sufficiently detailed. |
Key Cases Cited
- Jaffe v. The Principle Co., 215 Or. App. 385 (Or. App. 2007) (failure to file within 14 days not excused under ORCP 12 B; ORCP 15 D relief authorized late filing)
- Husted v. SCI Oregon Funeral Services, Inc., 209 Or. App. 45 (Or. App. 2006) (ORCP 15 D relief considerations for late filings discussed)
- Powers v. Quigley, 212 Or. App. 644 (Or. App. 2007) (ORCP 15 D not applicable where neither party sought relief; later reexamined on other grounds)
- Mulier v. Johnson, 332 Or. 344 (Or. 2001) (discusses ORCP 12 B defects in pleadings and proceedings)