ORDER DENYING MOTION FOR RECONSIDERATION AND AMENDING OPINION The court has considered appellants' motion for reconsideration and the answer thereto, and is of the opinion the motion should be denied. THEREFORE, IT IS ORDERED the motion for reconsideration of this court's decision of October 30, 2012, is denied. IT IS FURTHER ORDERED that the second full sentence in the first full paragraph on page 3 that reads: "However, the Bank explains that Uribe attempted to post" shall be amended to...
UNPUBLISHED OPINION PER CURIAM. Joshua Monson appeals the sentence imposed following his conviction for possession of methamphetamine. He contends the court's boilerplate finding that he "has the ability or likely future ability to pay the legal financial obligations imposed" is not supported by the record and must be stricken. He does not challenge the financial obligations imposed by the court — i.e. the victim's penalty assessment, crime lab fee, and DNA collection fee — and he concedes...
APPELWICK, J. 1 After her husband's death, Donna Kellar challenged the validity of their prenuptial agreement. The trial court properly struck portions of her declaration made in violation of the dead man's statute, RCW 5.60.030, and properly concluded that the Estate had not waived the protections of the dead man's statute. We affirm denial of summary judgment to Donna on the fairness of the prenuptial agreement. We reverse the grant of the Estate's summary judgment motion on the theories...
UNPUBLISHED OPINION PENOYAR, J. Brian Z. Womac appeals the trial court's denial of his motion to require his trial counsel to release the discovery portion of his client file to him pursuant to CrR 4.7(h)(3), and further assigns error to the court's refusal to hold an in-camera hearing to review the withheld file. CrR 4.7(h)(6). Because Womac received a redacted discovery file after filing his appeal, we dismiss the portion of his appeal premised on a violation of CrR 4.7(h)(3) as moot. In...
UNPUBLISHED OPINION PER CURIAM. Benjamin and Julie Wolff, plaintiffs below, appeal the trial court order denying their affidavit of prejudice. The commissioner stayed the trial court proceedings, granted discretionary review, and referred a court's motion on the merits to reverse to a panel of judges. See RAP 18.14(d), (e)(2). Because the Wolffs were entitled to a change of judge under RCW 4.12.040 and .050, we grant the motion, reverse the order denying the motion for a change of judge,...
UNPUBLISHED OPINION BECKER, J. The owner of a sunken fishing boat sued his attorneys for legal malpractice and breach of fiduciary duty, claiming they failed to go after additional insurance proceeds that would have helped recover the vessel. The trial court granted summary judgment for the attorneys. We affirm. We review an order of summary judgment de novo, engaging in the same inquiry as the trial court. Folsom v. Burger King, 135 Wn.2d 658 , 663, 958 P.2d 301 (1998). Summary judgment...
UNPUBLISHED OPINION VERELLEN, J. Maxcare of Washington, Inc. appeals the trial court ruling that its insurer had no duty to defend a homeowner's lawsuit alleging that Maxcare contaminated their house with potentially toxic chemicals while repairing smoke damage. The trial court relied upon the total pollution exclusion in Maxcare's commercial general liability policy. Maxcare argues unfolding discovery in the homeowner's litigation provided its insurer with actual knowledge of potential...
UNPUBLISHED OPINION VERELLEN, J. This appeal turns on who had the burden of allocating damages between two unrelated accidents for purposes of underinsured motorist (UIM) coverage and personal injury protection (PIP) recovery. The setting is unusual. Eyob Michael was rear-ended in accidents a year apart. It is undisputed he had no fault in either accident. There is evidence that some of Michael's injuries overlap and are indivisible. Michael received PIP payments for his medical expenses in...
UNPUBLISHED OPINION SPEARMAN, J. Brian Heberling appeals from summary judgment in favor of JPMorgan Chase Bank ("Chase") on his Consumer Protection Act (CPA) claim. Heberling alleges the manner in which Chase serviced his request for a loan modification constituted an unfair and deceptive act or practice in violation of the CPA. Holding there is no genuine issue of material fact as to the elements of unfair act or practice or public interest, we affirm. FACTS On July 11, 2006, in...
PUBLISHED IN PART ELLINGTON, J.P.T. 1 Terry Grant was convicted of first degree robbery and first degree kidnapping. Relying upon State v. Green 1 and State v. Korum, 2 he contends his kidnapping conviction violated due process because the restraint of the victim was merely incidental to the robbery and was therefore not sufficient to support a separate kidnapping conviction. 2 We reject Grant's reading of Green and decline to follow Korum. It is well settled that separate...
VAN DEREN, J. 1 Gary Woempner appeals the trial court's award of $96,122.75, plus $137,089.48 in prejudgment interest, to Gary Chevalier for a 49 percent interest in Alki International Inc., Woempner's solely-owned corporation. In his initial briefing, Woempner argued that (1) substantial evidence did not support the finding that Woempner and Ronald Bequette entered into a partnership agreement; (2) the corporate form of Alki precluded a finding that a partnership existed; and (3) any...
PENOYAR, J. 1 Leroy Raymond Brandt appeals the trial court's denial of his CrR 2.3(e) motion for the return of property law enforcement officers seized. Brandt filed the CrR 2.3(e) after a jury found him guilty of first degree trafficking in stolen property, first degree possession of stolen property, obstruction of a law enforcement officer, unlawful possession of a stolen vehicle, and two counts of bail jumping. Because Brandt consented to forfeit the seized property at issue absent proof...
UNPUBLISHED OPINION KULIK, J. Monica Walters brought this suit against her former employer, Young Women's Christian Association (YWCA), alleging wrongful termination based on breach of contract and disability discrimination, and the common law tort of invasion of privacy/false light. The court rejected these claims after a two-week trial. On appeal, Ms. Walters asserts (1) the court abused its discretion by failing to rule on her CR 50 motion, (2) the court erred by concluding that Ms....
UNPUBLISHED OPINION PER CURIAM. The Department of Corrections (Department) filed this petition under RCW 9.94A.585(7) and RAP 16.18 seeking post-sentence review of the June 11, 2012 trial court order directing the Department to release Aaron Leigh from supervision. The Department contends the sentencing court acted without lawful authority when it modified Leigh's term of community placement based on the mistaken belief that it exceeded the statutory maximum. A commissioner stayed the order...
UNPUBLISHED OPINION SPEARMAN, A.C.J. Duane Storti, representing a class of over 3,000 faculty members at the University of Washington, appeals an order dismissing the class's breach of contract claim against the University on summary judgment. At issue in this appeal is (1) whether the University breached the terms of the Handbook by suspending 2 percent raises for meritorious faculty for the 2009-2010 academic year and (2) whether res judicata bars the University's arguments. We hold the...
UNPUBLISHED OPINION APPELWICK, J. Zhang sued her contractor, Hawk, and Hawk sued its subcontractor, Ready, for breach of contract for repair of a residential apartment complex. Zhang settled with Hawk, was assigned Hawk's claims against Ready, and then settled the assigned claims against Ready. Each settlement contained a covenant not to execute and an assignment of claims against Capitol, who insured both Hawk and Ready and objected to the settlements. Zhang sought a determination that the...
OPINION SIDDOWAY, J. James Keyes appeals the dismissal of his claim for wrongful termination in violation of public policy, for failure to state a claim. While he presents a novel issue of whether the employee of a temporary staffing agency has standing to assert such a claim against the client company for which he works (his de facto employer, in Mr. Keyes' view), we need not reach that issue because Mr. Keyes failed to plead a public policy violated by Group Health that satisfies the...
KORSMO, C.J. 1 In its supervision of George Golden following a robbery conviction, the Department of Corrections (DOC) imposed community custody conditions that reflected he was a sex offender. Mr. Golden challenges several conditions of supervision in this personal restraint petition (PRP). We conclude that the challenged conditions were within the authority of DOC and dismiss the petition. FACTS 2 Mr. Golden was convicted in 2002 of second degree rape and unlawful imprisonment. DOC...
UNPUBLISHED OPINION BRIDGEWATER, J.P.T. 1 Central Park West LLC (Central) appeals from the trial court's grant of summary judgment in favor of Unigard Insurance Company. We hold that the trial court did not weigh the credibility of evidence in granting summary judgment. This appeal is frivolous. We affirm the trial court's summary judgment and award of attorney fees and costs to Unigard on appeal. FACTS Kenneth Mroczek is the principal of Central. He profits from purchasing salvageable...
UNPUBLISHED OPINION JOHANSON, A.C.J. The Employment Security Department (ESD) awarded unemployment benefits to Chalmers Johnson, a former employee of David B. Vail & Associates. An administrative law judge (ALJ) and the ESD commissioner affirmed the approval of benefits. Vail now challenges the award of benefits. Vail argues substantial evidence does not support six of the commissioner's findings of fact. 1 Vail also challenges three of the commissioner's conclusions of law. Vail argues the...
