UNPUBLISHED OPINION BJORGEN, A.C.J. Abbigail Gutierrez, personally and on behalf of her minor daughter, NL, sued the Olympia School District after Gary Shafer, a bus driver employed by the District, sexually abused NL aboard NL's kindergarten bus. A jury found that the District's negligence proximately caused $1,425,000 in damages to NL and Gutierrez. The District appeals the jury's verdict, arguing that the trial court erred by admitting (1) certain evidence concerning the number of times...
KNODELL , J. * 1 Bruce Beatty applied for a hydraulic mining permit to operate a suction dredge on Fortune Creek outside of the work window dates established by the Washington Department of Fish and Wildlife (WDFW) Fish and Gold Pamphlet. The WDFW granted the permit, but included a condition that limited suction dredging to the dates within the work window. The WDFW informed Mr. Beatty that his request to operate a suction dredge outside the work window could still be granted if he...
UNPUBLISHED OPINION BJORGEN, A.C.J. David Hyytinen appeals the summary judgment orders issued in favor of the City of Bremerton (City) and the State of Washington, as legal representative of the Washington State Patrol (Patrol), concerning a vehicle that the City sold to him. Hyytinen sued the City and the Patrol after the Patrol seized as stolen property a vehicle Hyytinen had purchased from the Bremerton Police Department (BPD). Hyytinen's complaint alleged (1) breach of contract, (2) fraud,...
UNPUBLISHED OPINION BJORGEN, J. Timothy and Rosemary Ingram seek discretionary review of a trial court order granting summary judgment in favor of the American Contractor Indemnity Company (ACIC) and dismissing it from a suit arising out of construction on the Ingrams' property. The trial court concluded that the Ingrams' suit was untimely based on the two-year statute of limitations for suits against a contractor's surety bond found in RCW 18.27.040(3). 1 The Ingrams argue that the trial...
UNPUBLISHED OPINION MELNICK, J. The Department of Revenue appealed a trial court order ordering it to issue a final release of estate tax liability as to the Estate of Eva Bloch. That order was based on the Washington State Supreme Court's opinion in In re Estate of Bracken, 175 Wn.2d 549 , 290 P.3d 99 (2012). In response to Bracken, the legislature amended the Estate and Transfer Tax Act, chapter 83.100 RCW, in 2013, retroactive to estates of decedents, like Bloch, who died on or...
UNPUBLISHED OPINION MELNICK, J. Anthony Budzius 1 appeals from the trial court's denial of his complaint to vacate an amendment to his dissolution decree with Leslie Miller. Budzius argues that the amended decree was invalid because it was not a qualified domestic relations order (QDRO), and Budzius's former attorney lacked authority to agree to the amended decree. We disagree and affirm the trial court. FACTS Budzius was married to Miller for approximately 10 years. During that time,...
UNPUBLISHED OPINION BJORGEN, A.C.J. Ryan Fila and Club Level Inc. (collectively, Fila) appeal from the trial court's dismissal on summary judgment of Fila's suit against the Washington State Liquor Control Board (WSLCB) and certain of its employees. In his suit Fila challenged enforcement actions taken by WSLCB employees involving Fila's nightclub, Club Level, claiming violation of his right to due process, negligent supervision, civil conspiracy, and tortious interference with a business...
UNPUBLISHED OPINION LEE, J. Mickey Fowler and Leisa Fowler (the Fowlers) 1 appeal the superior court's order remanding the action to the Department of Retirement Services (DRS) based on our mandate issued in Probst v. Department of Retirement Services. 2 The Fowlers argue: (1) the trial court failed to comply with our mandate when it refused to calculate the interest the Fowlers were entitled to based on the common law daily interest rule and instead remanded the action to the DRS, (2)...
LEE , J. 1 Dania, Inc. appeals the trial court's summary dismissal of its construction defect action against Skanska USA Building, Inc. Dania argues that the trial court erred in concluding that the statute of repose, RCW 4.16.310, barred its action. Because there is a question of fact as to whether Dania filed its complaint before the applicable limitations period expired, we hold that the trial court erred in ruling as a matter of law that the statute of repose barred Dania's complaint....
UNPUBLISHED OPINION PER CURIAM John Jackson challenges his conviction for second degree burglary. His 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 referring to anything in the record that might...
UNPUBLISHED OPINION PER CURIAM Timothy Lussier appeals his convictions for first degree robbery and two counts of unlawful imprisonment. He contends the unlawful imprisonment convictions are based on insufficient evidence because the State was required to prove "restraint beyond that which is merely incidental to a simultaneously occurring robbery." This contention is controlled by the Supreme Court's recent decision in State v. Berg , ___ Wn.2d ___, 337 P.3d 310, 316-17 (2014) (rejecting...
UNPUBLISHED COX, J. At issue is whether Huard Septic Design and Monitoring LLC is entitled to an award of reasonable attorney fees based on a contract with Prestige Custom Builders Inc. Because there is no contract between them that supports such an award, we affirm the trial court's denial of reasonable attorney fees. In April 2006, Prestige and Huard entered into a Master Subcontractor Agreement ("Master Agreement"), as "Contractor" and "Subcontractor," respectively. 1 Huard signed this...
DWYER , J. 1 Before the doctrine of judicial estoppel may be applied, a party's initial position — which is subsequently contradicted in a different proceeding — must be accepted by the court to which it is presented. In a proceeding prior to the matter before us on appeal, appellant Reed Taylor's initial position was rejected by the court to which it was presented. Nevertheless, in this matter, the King County Superior Court applied judicial estoppel, found insufficient evidence of...
UNPUBLISHED OPINION SPEARMAN, C.J. Michael Goude (Michael) 1 appeals the trial court's findings of fact and conclusions of law regarding the conduct of his former wife, Heidi Goude ("Heidi"). He argues that the trial court erred in failing to find that Heidi had "a history of acts of domestic violence" or had committed other acts that would require restricting her residential time and decision-making ability under RCW 26.09.191. Michael also appeals the trial court's valuation of his...
LEACH , J. 1 The Department of Labor and Industries (Department) appeals a trial court decision awarding Bart A. Rowley Sr. industrial insurance benefits and presents an issue of first impression. We must decide what burden of proof and standard of proof apply when the Department claims the felony payment bar of RCW 51.32.020 prevents a worker from receiving benefits for an injury sustained in the course of employment. 2 Because courts liberally construe the Industrial Insurance Act,...
UNPUBLISHED OPINION LAU, J. After two mistrials, the jury convicted John Blackmon on two counts of second degree child molestation, one count of third degree rape of a child, and two counts of third degree child molestation involving his daughter, IB. He claims error based on ER 106 rulings, improper opinion testimony, prosecutorial misconduct, denial of his mistrial motion, confrontation right violation, and the court's imposition of an exceptional sentence. Blackmon also submitted a pro se...
UNPUBLISHED OPINION APPELWICK, J. Denise, Robert, and Allison each own one-third shares in two lots on Lake Sammamish. Denise sought to liquidate her interest in one of the lots, a valuable piece of waterfront property. She moved for partition by sale, because physical partition would violate local zoning ordinances. Allison joined Denise's motion. Robert opposed the motion. He sought to combine the waterfront lot with the second lot—a separate, less valuable piece of property nearby—and...
UNPUBLISHED OPINION APPELWICK, J. Lightner sued Shoemaker for injunctive relief when he refused to trim cedar and arborvitae trees on his property that obstruct Lightner's view. Both properties are subject to a covenant that restricts the removal of certain plants and trees and limits certain plants and trees to six feet in height. The trial court found this covenant ambiguous, interpreted it not to apply to naturally occurring growth, and applied the six foot limitation to Shoemaker's...
DWYER , J. 1 Resolution of this matter, which comes before us on discretionary review, requires us to ascertain the legislature's intent in enacting and amending certain provisions of the Washington Consumer Protection Act (CPA). 1 Two questions have been certified for review. First, when, pursuant to the CPA, the Attorney General of Washington brings an action as parens patriae 2 on behalf of Washington residents, is his action subject to the four-year limitation period contained...
UNPUBLISHED OPINION BECKER, J. This appeal involves an unsecured creditor's attempt to impose liability upon third parties for the balance owing when her debtor defaulted. The debtor paid off part of the debt by making the creditor the beneficiary of a deed of trust without her knowledge. We affirm the summary judgment dismissal of her claims against the entities that handled that deed of trust transaction. This court reviews an order granting summary judgment de novo, performing the same...
