Gonz lez , J. 1 Kenneth Wright received an unsolicited text message that appeared to come from an acquaintance inviting him to download Lyft's cell phone application. Wright sued as a putative class member. The federal district court has asked this court to answer two certified questions relating to the state "Consumer Electronic Mail Act" (CEMA) and the Consumer Protection Act (CPA). Chs. 19.190, 19.86 RCW. BACKGROUND 2 Lyft operates a ridesharing service in which customers use cell...
STEPHENS , J. 1 In State v. Williams-Walker, 167 Wn.2d 889 , 899-900, 225 P.3d 913 (2010), this court held that article I, sections 21 and 22 of the Washington State Constitution prohibit a sentencing court from imposing a firearm enhancement based on a deadly weapon special verdict finding. We subsequently recognized that Williams-Walker announced a new rule of criminal procedure, applicable to all cases pending at the time it was decided. In re Pers. Restraint of Eastmond,...
GORDON McCLOUD , J. 1 In 2015, a Chelan County deputy sheriff arrested Robert James Bowie for driving while under the influence (DUI). Bowie received appropriate RCW 46.20.308 warnings about his right to refuse a breath test, signed the implied consent form, and agreed to take that breath test. But 20 minutes later, just before administering the test, the deputy asked Bowie if he would provide a "voluntary" sample. This time Bowie declined. The State charged Bowie with DUI plus a refusal...
YU , J. 1 Washington law prohibits employers from discriminating against job applicants and employees on the basis of protected characteristics such as race, sex, or national origin. Washington law also prohibits employers from engaging in retaliatory discrimination against employees who previously opposed the employer's discriminatory practices. The question presented in this case is whether prospective employers are nevertheless free to engage in retaliatory discrimination in the...
YU , J. 1 Yakima County Clerk Janelle Riddle appeals the trial court's ruling that five out of the six recall charges filed against her are factually and legally sufficient. We granted the recall petitioners' motion for accelerated review and now affirm the trial court. FACTUAL AND PROCEDURAL BACKGROUND 2 Riddle was elected on November 4, 2014, defeating incumbent Kim Eaton. Riddle executed her oath of office on December 29 and began her term on January 1, 2015. Riddle's term in...
OWENS , J. 1 In 2015, after attempting to steal a riding lawn mower, Joshua Barnes was arrested and charged with theft of a motor vehicle. He filed a motion to dismiss, claiming that a riding lawn mower is not a "motor vehicle" under RCW 9A.56.065, Washington's theft of a motor vehicle statute. 2RCW 9A.56.065 prohibits theft of a motor vehicle. However, neither the statute nor the criminal code explicitly defines the term "motor vehicle." Though a plain reading of the term could...
MADSEN , J. 1 The present iteration of this case concerns whether a Hong Kong judgment is enforceable against marital community property in Washington State. At issue is the efficacy of a choice of law contractual provision in a Hong Kong contract along with application of the "most significant relationship" test for determining conflict of law issues and, ultimately, whether Hong Kong law should be applied to reach the community assets in Washington to satisfy a valid and enforceable...
MADSEN , J 1 Former Seattle Public Schools (SPS) employees Roland Killian and Dennis Bailey (petitioners) seek reversal of a published Court of Appeals decision. In that decision, the Court of Appeals affirmed the trial court's summary judgment ruling in favor of petitioners' bargaining representative, International Union of Operating Engineers Local 609-A (IUOE). There are two issues in the case: (1) whether petitioners' negligent and unauthorized practice of law and Consumer Protection...
Gonz lez , J. 1 Brandon Bigsby failed to undergo a chemical dependency evaluation after he was released from jail on community custody as ordered by the trial court. Both the Department of Corrections (Department) and the trial court sanctioned him for failing to comply with the court's order. At issue is whether the trial court had statutory authorization under RCW 9.94B.040 to sanction Bigsby for sentence violations committed while he was on community custody under the Department's...
MADSEN , J. 1 In this case, former clients are suing their attorneys for legal malpractice based, in part, on the attorneys' withdrawal from a prior case. But the attorneys obtained that withdrawal by court order. In the original case, the former clients appealed the court's order approving withdrawal, and that appeal was rejected. The attorneys thus argue that collateral estoppel applies to bar a malpractice action based on their withdrawal. We agree. We hold that the fact of withdrawal...
YU , J. 1 The city of Seattle's (City's) municipal code includes a "`Landmarks Preservation Ordinance'" (LPO), chapter 25.12 Seattle Municipal Code (SMC). SMC 25.12.010. Pursuant to the LPO, property with significant historical or cultural importance may be designated as landmark property. Once property has been nominated for potential landmark designation, the LPO restricts the owner's ability to make changes to that property. The University of Washington (UW) owns property in Seattle...
Gonz lez , J. 1 Petitioner Chelan Basin Conservancy (Conservancy) seeks the removal of six acres of fill material that respondent GBI Holding Co. added to its property in 1961 to keep the formerly dry property permanently above the artificially raised seasonal water fluctuations of Lake Chelan. The Conservancy brings this action pursuant to Washington's public trust doctrine, which protects the public right to use water in place along navigable waterways. At issue is whether the State...
Wiggins , J. 1 Andrew Swank (Drew) died from complications after contact with another player during a high school football game. Drew's parents sued Drew's school, the football coach, and Drew's doctor on behalf of his estate and individually. The trial court granted summary judgment against the Swanks on all claims, and the Court of Appeals affirmed. 2 We must decide whether Washington's Zackery Lystedt Law (Lystedt law), RCW 28A.600.190, gives rise to an implied cause of action. We...
YU , J. 1 This case requires us to examine an award of attorney fees against five surety companies following a three-month jury trial for breach of contract in a public works project. The parties litigated the issue of whether three construction firms had defaulted on a contract, thus triggering coverage under a performance bond issued by the surety companies. At issue is whether the existence of a statutory fee provision bars equitable remedies available at common law for coverage...
MADSEN , J. 1 In alternative means cases where substantial evidence supports both alternatives submitted to the jury, jury unanimity as to the means is not required. In this case, Dennis Armstrong asks us to reverse his felony domestic violence conviction for violating a court order because the trial court instructed the jury that it need not be unanimous as to which of the two means it relied on, so long as it was unanimous as to the conviction. Because this is a correct statement of...
YU , J. 1 The sole issue in this case is whether advanced registered nurse practitioners (ARNPs) are per se disqualified from testifying on proximate cause in a medical negligence case. For the reasons discussed below, we hold that ARNPs may be qualified to testify regarding causation in a medical malpractice case if the trial court determines that the ARNP meets the threshold requirements of ER 702. The ability to independently diagnose and prescribe treatment for a particular malady is...
JOHNSON , J. 1 This case presents the question of whether the current collective bargaining agreement (CBA) between the State of Washington and Services Employees International Union Healthcare 775NW (SEIU) includes a union security provision statutorily authorized under chapter 41.56 RCW. The trial court held that the CBA contains an authorized union security provision and dismissed the lawsuit. We affirm. FACTS AND PROCEDURAL HISTORY 2 Miranda Thorpe is an individual provider (IP) of...
FAIRHURST , C.J. 1 Rachelle and Charles Black were married for nearly 20 years and have three sons. They raised their children in a conservative Christian church and sent them to private, Christian schools. In 2011, Rachelle 1 told Charles that she is a lesbian. In the order of dissolution, the trial court designated Charles as the primary residential parent. The final parenting plan also awarded Charles sole decision-making authority regarding the children's education and religious...
JOHNSON , J. 1 Article III of the Yakama Nation Treaty of 1855 provides in pertinent part: [I]f necessary for the public convenience, roads may be run through the said reservation; and on the other hand, the right of way, with free access from the same to the nearest public highway, is secured to them; as also the right, in common with citizens of the United States, to travel upon all public highways. Treaty with the Yakamas, 12 Stat. 951, 952-53 (1855). 2 The issue in this case...
OWENS , J. 1 Allan Tabingo was seriously injured while working aboard a fishing trawler owned and operated by American Seafoods Company LLC and American Triumph LLC (collectively American Seafoods). Tabingo alleges the lever used to operate a hatch in the trawler's deck broke when an operator tried to stop the hatch from closing. The hatch closed on Tabingo's hand, leading to the amputation of two fingers. He brought numerous claims against American Seafoods, including a general maritime...
