Supreme Court Calendar

9:00 A.M.

Olympia

February 14, 2013

THREE CASES ONLY - TWO IN A.M. - ONE IN P.M.

Case No. 1 - 87395-0

COUNSEL

PATRICK H. KOFMEHL
     v.
BASELINE LAKE, LLC

Robert Dunn/Susan Nelson

George Ahrend

SYNOPSIS: When a land sale contract fails under the statute of frauds, the buyer cannot recover his down payment if the seller was ready, willing, and able to perform his obligations under the contract. Whose burden is it to prove whether the seller was ready, willing, and able to perform?

Case No. 2 - 87407-7

COUNSEL

IAN DEAN
     v.
THE FISHING COMPANY OF ALASKA, INC., et al.

John Merriam

Michael Barcott/Megan Blomquist

SYNOPSIS: When a person is injured aboard a fishing vessel, how should a trial court treat the person's pretrial motion seeking compensation for room, board, and medical expenses? In pretrial discovery, are defendants required to reveal whether they secretly filmed a plaintiff when they don't intend to use any films at trial?


1:30 P.M.

Case No. 3 - 87087-0

COUNSEL

STEWART TITLE GUARANTY COMPANY, a Texas corporation
     v.
STERLING SAVINGS BANK, a Washington corporation; et al.

David Hirschi/Brian Waid/Jessica Creager & Jeffrey Steele

Ralph Cromwell, Jr./Steven Minson & Michael King

SYNOPSIS: A title insurer hired attorneys to defend its insured against a lien the insurer had failed to discover. The attorneys stipulated that the lien had priority over the insured's interest. The court must decide whether the insured's attorneys could have successfully raised an equitable subrogation claim, and if so, whether the insurer may sue its insured's attorneys for malpractice for not raising it.

These summaries are not formulated by the Court and are provided only for the convenience of the public.

 

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