SCHINDLER, J. 1 4105 1st Avenue South Investments LLC filed an unlawful detainer action against Green Depot WA Pacific Coast LLC. Green Depot argues the trial court erred in denying its motion for attorney fees as the prevailing party in the unlawful detainer action. We reject Green Depot's argument and affirm. FACTS 2 On March 22, 2007, Bit Holdings Sixty-One Inc. entered into a commercial lease agreement with Built-E Inc. for 38,148 square feet of commercial space located at 4121 First...
UNPUBLISHED OPINION ORDER GRANTING MOTION MOTION TO PUBLISH St. Paul Fire & Insurance Company and other interested parties filed a motion to publish the unpublished opinion filed on November 28, 2011 in the above matter. Appellant Lake Chelan Shores Homeowners responded to the motion. Upon review of the motion for publication and the opposition to the motion, a majority of the panel has determined this motion should be granted. Now, therefore, it is hereby ORDERED that respondent's motion...
ORDER GRANTING MOTION TO PUBLISH OPINION Appellants/Cross Respondents, move this court for publication of the unpublished opinion filed on November 18, 2011. The court having reviewed the record and file here, now, therefore, it is hereby ORDERED that the final paragraph which reads "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 pursuant to RCW 2.06.040, it is so ordered." is deleted. It...
ORDER GRANTING MOTION Respondent filed a motion to publish the court's opinion filed November 7, 2011. After consideration of the motion and a response from appellant, the court has determined that the motion should be granted. Now therefore, it is hereby ORDERED that respondent's motion to publish the opinion is granted. OPINION ELLINGTON, J. When a lien is filed against property, the owner may record a release of lien bond to remove the encumbrance. Here, the lien claimant established...
SWEENEY, J. 1 Ultimately, the parties to this suit are the homeowners and their insurance company. The suit follows a fire loss. A contractor sued the homeowners and their insurance company for failing to pay for a contractor's repair work. The insurance company issued a check directly to the homeowners. The homeowners cashed the check but did not pay the contractor. So the insurance company wound up paying the contractor. The homeowners, nonetheless, sued the insurance company and alleged a...
ARMSTRONG, P.J. 1 In May 2006, Miles Emard drove his car into Stella Watson's car in a Safeway parking lot. In April 2009, Watson filed a personal injury complaint against Michael Emard, Miles's father, mistakenly believing that he was the driver of the car that hit her. After the statute of limitations ran, Watson discovered that Miles was the actual driver. She moved to amend her complaint to add a family car claim against Michael and to add Miles as a party. The trial court denied her...
UNPUBLISHED OPINION ARMSTRONG, P.J. Paul M. Wolff Company (Wolff) appeals a summary judgment in favor of Keith Miller, a former employee whom Wolff sued for breach of his duty of loyalty. Miller and Wolff had entered into an employee agreement (Agreement), which included a provision that California law would govern disputes arising from the Agreement. While still employed by Wolff, Miller formed Final Concrete, LLC to perform concrete work. The trial court ruled that under California law,...
UNPUBLISHED OPINION WORSWICK, A.C.J. Anthony Malella and Lona Keist 1 own abutting land in Skamania County on the Washougal River near the Salmon Falls Road bridge. Keist's property lies generally to the east of the bridge, while Malella's property lies to the west of the bridge. A portion of the land titled in Keist lies to the west of the bridge, abutting the eastern boundary of Malella's land (the disputed property). Keist appeals the trial court's ruling that Malella or his predecessors...
UNPUBLISHED OPINION Leach, A.C.J. Ryan Raynard Jackson appeals his conviction for attempted robbery in the first degree. Jackson claims the police unlawfully seized him in violation of the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington State Constitution. He challenges the sufficiency of the evidence to support his conviction and claims the trial court abused its discretion in admitting certain evidence while excluding other evidence. Jackson...
APPELWICK, J. 1 The Central Puget Sound Growth Management Hearings Board lacked jurisdiction to review the 2010 ordinances enacted by the City of Black Diamond approving the master plan development permits for Yarrow Bay. We reverse. FACTS 2 In 2009, the City of Black Diamond (City) adopted a new comprehensive plan. City of Black Diamond, Wash. Ordinance no. 09-908 (2009) (BDO). That comprehensive plan included a Future Land Use Map, designating large areas of the City broadly for Master...
APPELWICK, J. 1 Teachers Griffith and Quarto refused to follow explicit direction from their principal to administer a federally-mandated test to six special education students. After each missed a key deadline, they asserted parental refusals as the reason. The school district suspended each teacher for ten days without pay for insubordination. A hearing officer determined they refused to give the test on principle, not due to parental refusal. The hearing officer upheld the ten-day...
UNPUBLISHED OPINON BECKER, J. A gravely disabled woman died alone in her home despite a 911 call hours earlier from a nurse practitioner asking for someone to check on the woman's safety. The officer who went to the house found it locked and decided not to go in. The issue presented is whether the officer and the 911 dispatch agency owed the woman a duty actionable in tort. The estate would locate the source of such duty in the statute providing for involuntary commitment, one purpose of...
UNPUBLISHED OPINION GROSSE, J. Under Whatcom County's critical areas ordinance, clearing and grading land in a wetland is subject to regulation. The hearing examiner did not err in so concluding, and we affirm the superior court's order affirming the hearing examiner's decision. We deny the County's request for an award of attorney fees and costs under RCW 4.84.370. The record does not show that the County has approved the critical areas protection plan or the mitigation plan the Raders...
HUNT, J. 1 The State appeals the superior court's CrR 3.6 order suppressing evidence, which resulted in pretrial dismissal without prejudice of the charge against Eduardo Quezadas-Gomez for possessing a controlled substance with intent to deliver. The State argues that (1) the officer's stop of Quezadas-Gomez's vehicle to obtain his name and address was lawful because the officer had probable cause to believe that Quezadas-Gomez had engaged in illegal delivery of controlled substances; (2)...
ORDER AMENDING PUBLISHED OPINION PENOYAR, C.J. The published opinion was filed on November 9, 2011. The court through its own motion amends the opinion as follows: Footnote 2 that currently reads: The dissent repeatedly characterizes the trailer as Steen's residence. See Dissent at 23 (referring to trailer as "Steen's residence"), dissent at 24 (stating that Steen was "quietly staying inside his home"), dissent at 25 (stating that Steen had no obligation to allow officers to "enter his home"...
UNPUBLISHED OPINION PER CURIAM. M.G. appeals from the order of disposition entered following a conviction of robbery in the second degree. M.G.'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 , 18 L. Ed. 2d 493, 87 S.Ct. 1396 (1967), the motion to withdraw must: [1] be accompanied by a brief...
UNPUBLISHED OPINION SPEARMAN, J. Scott Hopper, a developer, seeks reversal of summary judgment granted in favor of Snohomish County (the County) so that he may pursue his lawsuit below, in which he alleged that the fees he was charged under the County's development permit fee schedule were unlawful. The trial court dismissed the lawsuit, concluding that Hopper lacked standing because the County refunded his permit fees and that his claims became moot when his fee dispute was granted by the...
PUBLISHED IN PART COX, J. 1 Special circumstances may warrant a court granting equitable relief to a lessee who either fails or delays in giving notice to exercise an option in accordance with the written terms of its lease. 1 Here, the trial court properly exercised its discretion in deciding that special circumstances existed to warrant granting a grace period to World Wrapps Northwest, Inc. (World Wrapps), to exercise its option to extend the term of its lease with Recreational...
UNPUBLISHED OPINION LAU, J. A jury convicted James Densmore of second degree burglary and first degree theft. He claims prosecutorial misconduct in closing argument deprived him of a fair trial and his trial counsel's failure to object constitutes deficient performance. He also argues the trial court erred when it imposed an exceptional sentence based on RCW 9.94A.535(2)(b)'s "prior unscored misdemeanor" factor, without Blakely 1 jury fact finding. Finding no error, we affirm the judgment...
DWYER, C.J. 1 In an action premised upon the alleged violation of a federal constitutional right, qualified immunity protects government officials from civil liability unless the plaintiff proffers evidence tending to establish the violation of a particularized right that was clearly established beyond debate at the time of the alleged violation. Ashcroft v. al-Kidd, ___ U.S. ___, 131 S.Ct. 2074 , 2080-83, 179 L.Ed.2d 1149 (2011); Harlow v. Fitzgerald, 457 U.S. 800 , 818, 102 S.Ct....
