Mathis v. St. Helens Auto Ctr., Inc.
447 P.3d 490
Or. Ct. App.2019Background
- Plaintiff (service advisor) alleged unpaid wages and penalty wages after termination; claim referred to court-annexed arbitration.
- Plaintiff's attorney sent a wage-claim notice; plaintiff filed suit and sought attorney fees under ORS 652.200(2).
- Defendant offered to allow judgment for $2,000 (exclusive of fees and costs) on Feb 4, 2015; plaintiff rejected.
- Arbitrator awarded $3.40 unpaid wages and $1,383.96 penalty wages, and awarded $6,310 in attorney fees, limiting fees and costs under ORCP 54 E to amounts incurred before the Feb 4 offer.
- Trial court affirmed the arbitration award; plaintiff appealed, arguing ORS 652.200(2) is exempt from ORCP 54 E (per Powers/Wilson) and that the arbitrator’s extra fee was untimely.
- Court rejected challenges: appeal on arbitrator fee not preserved; held ORS 652.200(2) does not conflict with ORCP 54 E, so ORCP 54 E properly limited post-offer fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORCP 54 E may be applied to limit attorney fees awarded under ORS 652.200(2) | ORS 652.200(2) is like the statutes in Powers and Wilson; it conflicts with ORCP 54 E and, as the more specific statute, precludes ORCP 54 E's application | ORS 652.200(2) differs from Powers/Wilson statutes; no conflict with ORCP 54 E; ORCP 54 E properly limits post-offer fees | ORCP 54 E applies; ORS 652.200(2) is not irreconcilable with ORCP 54 E and does not create the pre-litigation "settlement window" needed to displace ORCP 54 E |
| Whether costs awarded after defendant's offer may be charged to plaintiff under ORCP 54 E | ORS 652.200(2) should shield wage-fee awards from ORCP 54 E so costs cannot be shifted post-offer | ORCP 54 E governs shifting of costs post-offer; arbitrator correctly allocated costs by date | Costs allocation by offer date affirmed; ORCP 54 E governs post-offer costs |
| Whether plaintiff preserved appeal of arbitrator's extraordinary fee by exception | Arbitrator’s extra-fee award was untimely and should be reversed | Trial court properly allowed the arbitrator’s fee; plaintiff failed to file a written exception to that portion of award | Appeal on arbitrator fee not preserved under ORS 36.425(6); assignment rejected |
| Standard of review | N/A | N/A | Review of trial court affirming arbitrator on fees and costs is for errors of law; court applied statutory construction principles |
Key Cases Cited
- Powers v. Quigley, 345 Or. 432, 198 P.3d 919 (Or. 2008) (statute that creates a pre-filing settlement window and allocates fee risk displaces ORCP 54 E)
- Wilson v. Tri-Met, 234 Or. App. 615, 228 P.3d 1225 (Or. App. 2010) (ORS 742.061 construed like Powers; specific statutory deadline for insurer tenders displaces ORCP 54 E)
- Deacon v. Gilbert, 164 Or. App. 724, 995 P.2d 557 (Or. App. 2000) (appeal limited to written exceptions to arbitration award under ORS 36.425(6))