PUBLISHED OPINION PENOYAR, J.P.T. 1 1 This action arises from Kitsap County's decision to lay off two corrections officers for budgetary reasons. The officers' union, the Kitsap County Correctional Officers Guild (Guild), demanded to bargain the decision to lay off the officers. The County agreed to bargain the effects of the layoffs but not the decision. The County sought a declaratory judgment in superior court stating that layoffs are a permissive bargaining subject and the Guild...
ORDER AMENDING CASE CAPTION The court on its own motion has determined that the case caption of the above-entitled opinion filed on August 26, 2013 be amended to correctly reflect the parties designations, and that The Law Office of Paul W. Taylor, Inc., P.S. shall be redesignated as the respondent, and Joseph and Kimberly Woodmansee shall be redesignated as the appellants. Now, therefore, it is hereby ORDERED that the case caption of the above-entitled opinion filed on August 26, 2013 be...
ORDER DENYING MOTION FOR RECONSIDERATION AND AMENDING OPINION The respondent, Turner Helton, has filed a motion for reconsideration herein. The court has taken the matter under consideration and has determined that the motion for reconsideration should be denied, and that the opinion of the court should be amended. Now, therefore, it is hereby ORDERED that the motion for reconsideration is denied; and, it is further ORDERED that the opinion of the court in the above-entitled cause filed...
ORDER DENYING RESPONDENTS' MOTION FOR RECONSIDERATION AND AMENDING THE UNPUBLISHED OPINION Respondents Wes Heinmiller and Alan Stameisen filed a motion for reconsideration of the unpublished opinion filed in the above matter on October 30, 2012. A majority of the panel has determined this motion should to be denied, but the opinion should be amended. Now, therefore, it is hereby ORDERED that respondents' motion for reconsideration is denied and the unpublished opinion shall be amended by...
ORDER GRANTING RESPONDENTS HEINMILLER AND STAMEISEN'S MOTION FOR RECONSIDERATION AND MODIFYING OPINION Respondents, Wes Heinmiller and Alan Stameisen, have moved for reconsideration of the opinion filed in this case on September 30, 2013. The panel hearing the case called for an answer from Appellants, Michael Durland et al. The court having considered the motion and answer, as well as the record, has determined that the motion for reconsideration should be granted. Now, therefore, it is...
LEACH, C.J. 1 Donald Martin suffered a fatal injury while working at a Kimberly Clark paper plant. His wife and children (collectively "the Martins") appeal the trial court's summary dismissal of their claims against General Construction Company (General Construction) and Fletcher Construction Company North America (FCCNA). General Construction cross appeals, challenging the trial court's denial of two summary judgment motions. 2 Because General Construction did not assume liability for...
UNPUBLISHED OPINION ORDER PUBLISHING OPINION WORSWICK, C.J. JEFFERSON COUNTY, WASHINGTON, a nonparty to this action, in accordance with RAP 12.3, has moved to publish the opinion filed on October 29, 2013. The Court has determined that the opinion in this matter satisfies the criteria for publication. It is now ORDERED, that the motion to enlarge time is granted and the opinion's final paragraph reading: A majority of the panel having determined that this opinion will not be printed in...
JOHANSON, J. 1 Joseph Alonso sued his employer, Qwest Communications Company LLC; and his supervisor, Ben Martinez, for discrimination; the superior court granted Qwest summary judgment dismissal of Alonso's complaint. 1 Alonso appeals, arguing that he provided sufficient evidence to establish prima facie discrimination claims for (1) disparate treatment, (2) a hostile work environment, and (3) unlawful retaliation. Viewing the record in a light most favorable to the nonmoving party, we...
MAXA, J. 1 Mutual of Enumclaw Insurance Co. (MOE) appeals a $1.5 million jury verdict award on Gregg Roofing, Inc.'s claim for tortious interference with a business relationship. The evidence at trial indicated that Gregg Roofing sustained minimal lost profits and consequential damages, meaning that a large majority of the damages award must have related to injury to its reputation. MOE argues that Gregg Roofing failed to present any evidence to quantify the amount of injury to its...
UNPUBLISHED OPINION PER CURIAM. William Jensen files this personal restraint petition challenging the failure of the Department of Corrections (DOC) to award him earned time while in administrative segregation as well as its refusal to expunge records of an investigation of misconduct. We grant the petition in part and remand to DOC for an adjustment of Jensen's earned time. Jensen's motion for oral argument is denied. Jensen is a former King County Sheriff's deputy who was convicted of two...
UNPUBLISHED OPINION PER CURIAM. Joshua Reaveley appeals the sentence imposed following his conviction for second degree burglary. He contends, and the State concedes, that the State failed to prove the comparability of two out-of-state convictions included in his offender score. The parties agree that accelerated review is appropriate and that we must remand for resentencing, including an evidentiary hearing on the comparability of the out-of-state offenses. See State v. Lopez , 147 Wn.2d...
APPELWICK, J. 1 Lalida Schnurman and Seth Schnurman dissolved their marriage and share substantially equal residential time with their two children. In calculating the parties' child support obligations, the trial court used the child support schedule and standard calculation in chapter 26.19 RCW. The trial court found Seth to be the obligor parent and ordered him to pay a monthly transfer payment of $1,300 to Lalida. Seth argues that the standard calculation does not apply in shared...
UNPUBLISHED OPINION PER CURIAM. D.D.Y appeals a juvenile court disposition finding him guilty of first degree child molestation, attempted first degree child molestation, and indecent exposure. D.D.Y.'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...
DWYER, J. 1 The Ferguson Firm, PLLC (Ferguson), sued Teller & Associates, PLLC (Teller), over a fee dispute. 1 Brian J. Waid d/b/a Law Office of Brian J. Waid (Waid) represented Ferguson throughout much of the dispute, but eventually withdrew because of a conflict with the firm's principal, Sandra Ferguson. Soon after withdrawing, Waid filed an attorney's lien in the amount of $78,350.85 for legal services provided to Ferguson. Thereafter, Ferguson moved for a summary dismissal of Waid's...
UNPUBLISHED OPINION VERELLEN, J. Leonard Pegs, Jr. and James Ballou appeal their convictions for second degree burglary. Pegs contends the State failed to preserve video surveillance footage helpful to his case. He further contends that the best evidence rule precludes the admission of secondary testimony related to the surveillance footage, and that the court erred in allowing lay witnesses to give opinion testimony identifying the defendants in the surveillance footage. Pegs and Ballou each...
UNPUBLISHED OPINION DWYER, J. Sandra Ferguson, the principal of The Ferguson Firm, PLLC, spent substantial time and effort developing an employment discrimination case without the assistance of co-counsel. However, by early 2010, she found herself in need of a firm willing to advance litigation costs and—in the event that she was suspended from the practice of law—take responsibility for the case. She approached Stephen Teller, principal of Teller & Associates, PLLC, 1 and the two eventually...
UNPUBLISHED OPINION SIDDOWAY, J. — Joseph Epperson and John Zuvela Sr. were both found guilty of the first degree burglary of the home of their putative friends, David and Mary Wilton. They challenge the trial court's exclusion of certain evidence from their trial, its instruction to the jury on the circumstances under which it would be its duty to return a verdict of guilty, and certain legal financial obligations (LFOs) imposed on Mr. Zuvela. The State concedes error as to the LFOs, a...
UNPUBLISHED OPINION KORSMO, C.J. Phyllis Paetsch was injured by cosmetic injections in her forehead that caused necrosis. The trial court dismissed part of her claim and a jury found for the defense on the remainder of the case. Concluding that there was no reversible error, we affirm. FACTS Ms. Paetsch contacted Spokane Dermatology Clinic, P.S., for cosmetic services in early 2007. She sought elective cosmetic facial injections to help her look more rested. The clinic's receptionist...
UNPUBLISHED OPINION KORSMO, C.J. Jose Martinez II appeals his convictions for possession of cocaine with intent to deliver and complicity to deliver cocaine, belatedly arguing that the search warrant for his house lacked probable cause. Because he filed this motion, which may have merit, but did not argue it to the trial court, we remand to the trial court to consider the motion to suppress. FACTS This case has a somewhat long procedural history that our ruling will extend still further. Mr....
