Rafferty & Towner

In the litigation that precipitated this case, plaintiff obtained a judgment against a company called Wallbangers Oregon, Inc., but could not collect on the judgment. According to plaintiff, Wallbangers evaded its obligation to pay the judgment by engaging in a fraudulent transfer of its major asset, an interest in a condominium. Plaintiff filed this action against defendant Bengio Corporation on the theory that Bengio was the recipient of the fraudulent transfer. Plaintiff initially brought a claim under the Uniform Fraudulent Transfer Act (UFTA), ORS 95.200 - 95.310, and later moved to amend its complaint to add a common-law fraud claim. Defendant moved for summary judgment on the statutory fraudulent transfer claim and opposed the motion to amend the complaint. The trial court granted defendants motion for summary judgment, denied plaintiffs motion to amend, and entered a limited judgment dismissing defendant from the action. The trial court subsequently awarded defendant its attorney fees ($67,270) and an enhanced prevailing party fee ($3,000) on the ground that plaintiff had "no objectively reasonable basis" for asserting its fraudulent transfer claim. ORS 20.105; ORS 20.190.