UNPUBLISHED OPINION ORDER GRANTING MOTION FOR RECONSIDERATION IN PART AND AMENDING OPINION Appellant has moved for reconsideration of the opinion in this case. After due consideration, this court grants the motion in part and amends the opinion as follows. On page 12, at the end of the second complete paragraph, the court adds this footnote: 1. After RSUI made this claim of prejudice in its opening brief, the federal court ruled that RCW 48.30.015 does not apply because RSUI's denial of...
UNPUBLISHED OPINION ARMSTRONG, P.J. RSUI, the excess insurance carrier for Berg Equipment & Scaffolding, intervened in the lawsuit between Vision One, LLC and Vision Tacoma, Inc. (collectively Vision), Philadelphia Indemnity Insurance Company, D&D Construction, and Berg to challenge the reasonableness of a settlement between Vision and Berg. The trial court denied RSUI's motion to continue the reasonableness hearing and upheld the settlement. Almost 19 months later, RSUI moved to vacate the...
PUBLISHED OPINION AFTER REMAND FROM THE WASHINGTON SUPREME COURT HUNT, J. 1 Jesse Ray Johnson appeals his jury convictions for two counts of unlawful possession of a controlled substance (heroin and cocaine), Counts I and V, and one count unlawful use of drug paraphernalia, Count II. He argues that the search of his vehicle incident to his arrest was illegal and that the evidence should be suppressed. We reverse and remand to the trial court for further proceedings. 2 We incorporate by...
ORDER TO PUBLISH THIS MATTER came before the court on the motion of third parties requesting publication of the opinion filed in this court on December 21, 2010. The parties have not filed a response indicating that they object to the publication. Upon consideration of the motion, it is hereby ORDERED that the final paragraph, reading "A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record...
ORDER TO PUBLISH THIS MATTER came before the court on the motion of third parties requesting publication of the opinion filed in this court on December 21, 2010. The parties have not filed a response indicating that they object to the publication. Upon consideration of the motion, it is hereby ORDERED that the final paragraph, reading "A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record...
UNPUBLISHED OPINION KORSMO, A.C.J. Attorney Aaron Lowe appeals an order awarding him fees and prejudgment interest. He believes the trial court erred in its calculation of both. We disagree and affirm. FACTS Fifteen-year-old Jessica Turbin was injured in a 2004 automobile accident. Through her parents, she retained Aaron Lowe to represent her in negotiations with Travelers Insurance (Travelers). On her behalf, Ms. Turbin's parents signed substantially identical contingency fee agreement...
UNPUBLISHED OPINION Siddoway, J. At issue in this case is whether Hat Trick Premium, LLC, which claims to have sold onions on open account to Borton & Sons, Inc., presented sufficient evidence to avoid summary judgment when faced with a defense motion demonstrating that Borton purchased the onions from, and paid, a different seller. We agree with the trial judge that Hat Trick's conclusory affidavits and its unilaterally issued invoices do not present specific facts demonstrating a genuine...
SIDDOWAY, J. 1 Whether a trial court awards attorney fees as a sanction for a frivolous action is a matter entrusted to its discretion. In this case, the trial court entered findings that would tend to support an award of fees to defendant B.L. DeWitt under CR 11 and RCW 4.84.185 but nonetheless declined to award them, on a record that suggests the applicable legal standards were not applied and where an award under RCW 4.84.185 was complicated by the presence of viable claims against other...
DWYER, C.J. 1 The Growth Management Hearings Boards 1 are creatures of statute without inherent or common-law powers. As such, they may exercise only those powers conferred by statute, either expressly or by necessary implication. The Growth Management Act (GMA), chapter 36.70A RCW, empowers the Boards with the authority to invalidate a jurisdiction's comprehensive plan or development regulations under particular circumstances. The appellants herein contend that a Board is required to...
UNPUBLISHED OPINION COX, J. Russell Phillips appeals from the trial court's denial of his requests for relief under the state Public Records Act (PRA). We hold that the trial court properly denied relief and affirm. Because Phillips' appeal of the trial court's decision in this regard is frivolous, we impose sanctions against him. In its cross-appeal, Valley Communications, Inc. ("Valley Com") argues that the trial court abused its discretion by denying Valley Com's motion for injunctive...
BECKER, J. 1 A little after 7:30 p.m. on June 26, 2005, 17 year old Samson Berhe was walking down Southwest Marginal Way in Seattle, carrying a long gun case. He flagged down a car, put a shotgun in the window, and shot the driver, Michael Robb, in the face. Charged with first degree murder, Berhe was later committed to Western State Hospital as not guilty by reason of insanity. This appeal concerns the wrongful death action brought by Robb's mother against the city of Seattle and two...
HUNT, P.J. 1 This case presents an issue of first impression: Did former RCW 71A.10.020(3) 1 create a separate category of development disability eligibility based exclusively on an applicant's treatment needs, in particular, treatment needs for "mental retardation" The Department of Social Health Services (DSHS) appeals the superior court's decision: (1) vacating the DSHS Board of Appeal's (Board) Final Order, which denied developmental disability benefits to Durrell Slayton 2 ; (2)...
UNPUBLISHED OPINION PER CURIAM John James filed a CrR 7.8 motion to vacate and modify his 1995 sentence for first degree rape, first degree robbery, and first degree burglary. The superior court denied the motion as untimely, and James appealed. The parties agree, and we concur, that the superior court lacked authority under CrR 7.8 to rule on the timeliness of the motion. See State v. Smith , 144 Wn.App. 860, 863, 184 P.3d 666 (2008). The parties disagree, however, on the appropriate...
ORDER GRANTING MOTION TO PUBLISH Respondents First American Title Company filed a motion to publish the opinion filed on October 18, 2010 in the above matter. The court has determined that the motion should be granted. Now, therefore, it is ORDERED that the motion to publish the opinion filed on October 18, 2010 is granted. SPEARMAN, J. Dave Robbins Construction, LLC ("DRC") obtained preliminary commitments for title insurance and title insurance policies from First American Title Company ("...
UNPUBLISHED OPINION MICHAEL S. SPEARMAN, J. This appeal involves a dispute between William Thompson and Kris Smith about the terms of their agreement in forming Ram Jack Northwest, a limited liability company, (Ram Jack NW). Thompson contends that the parties agreed that Ram Jack NW would provide all foundation-related services and that Smith's remodeling company, Smithworks, LLC, (Smithworks) could do remodel work for Ram Jack NW customers as long as it did not do foundation work. Smith, on...
UNPUBLISHED Cox, J. Linda Seven appeals two partial summary judgment orders dismissing her claims based on the alleged existence of a committed intimate relationship ("CIR") between her and Robert Resoff. 1 Specifically, she claims that such a relationship existed from 1993 to 2001, the year of Resoff's death. Based on the alleged existence of such a relationship, she also claims a right to profits from AAS-DMP Management ("AAS-DMP"), a joint venture in which Resoff invested funds and in...
UNPUBLISHED OPINION PER CURIAM. Joseph Thurura appeals from the judgment and sentence entered on his conviction for second degree rape. Thurura's court-appointed attorney has filed a motion to withdraw on the ground that there is no basis for a good faith argument on review. Pursuant to State v. Theobald , 78 Wn.2d 184 , 470 P.2d 188 (1970) and Anders v. California , 386 U.S. 738 , 87 S.Ct. 1396, 18 L. Ed. 2d 493 (1967), the motion to withdraw must: [1] be accompanied by a brief...
BECKER, J. 1 At issue is a decision denying a motion to compel arbitration. We reverse. The issue of compliance with procedural requirements for initiating arbitration is for the arbitrator to decide, not a trial court. And a plaintiff does not waive a contractual right to arbitrate by failing to mention it in a complaint filed with the court, so long as the plaintiff's behavior is otherwise consistent with an intent to submit to arbitration. 2 Dewey Verbeek and his wife Marilyn operated...
UNPUBLISHED OPINION Ellington, J. William Ross Taylor died unexpectedly when his only child, A.C.T., was three years old. This appeal arises from two linked cases regarding disputes about William's assets: rulings in the probate, and rulings in an action filed by A.C.T.'s mother, Patricia Caiarelli, under the Trust and Estate Dispute Resolution Act, chapter 11.96A RCW (TEDRA). In the probate, the trial court granted partial summary judgment in favor of William Taylor's brother, Charles...
UNPUBLISHED OPINION GROSSE, J. In a timber trespass action, only reasonable costs of restoration or replacement are recoverable, a determination to be made by the finder of fact. Here, there was sufficient evidence from which the jury could make that determination. Accordingly, we affirm. FACTS James and Carol Brummond own a rental house in Burien that sits atop a steep bluff above Puget Sound. The Brummonds own a large portion of the steep hillside that descends west toward the adjacent...
