Supreme Court Issues

May Term 2014


Corporations—Stock—Stockholders—Dissenters’ Rights—“Fair Value” of Shares—Determination by Court—Summary Judgment—Evidence of Value—Sufficiency

Whether in a suit under RCW 23B.13.300 to establish the value of dissenters’ shares following a stock split, the dissenters established a sufficient issue of fact to avoid summary judgment when they countered the corporation’s expert valuation with their own responses disagreeing with the expert and demand letters conveying an undisclosed expert’s valuation.

No. 89317-9, SentinelC3 (petitioner) v. Hunt, et ux., et al. (respondents). (5/8/14)

176 Wn. App. 152 (2013)

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Courts—Jurisdiction—Nonresidents—Failure to Pay Wages—Employment of Resident

Whether in an action by a Washington resident for unpaid wages and breach of an employment contract, Washington courts may exercise personal jurisdiction over the nonresident chief executive officer of a Pennsylvania corporation who had hired the plaintiff to conduct business for the corporation from her home in this state.

No. 89671-2, Failla (petitioner) v. FixtureOne Corp., et al. (respondents). (6/24/14)

312 P.3d 1005 (2013)

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Criminal Law Homicide—First Degree Murder—Premeditation—Proof— Accomplice Liability—Applicability

Whether in a prosecution for premeditated first degree murder against a defendant who did not commit the actual killing, the trial court erred in instructing the jury in a way that allowed it to find the defendant guilty as an accomplice if it found that he had a premeditated intent to kill but the principal had only intent without premeditation.

No. 89830-8, State (respondent) v. Walker (petitioner) (see also Criminal Law—Trial—Misconduct of Prosecutor—Argument—Appeal to Passion or Prejudice—Personal Opinion—Defendant’s Guilt). (6/24/14)

178 Wn. App. 478 (2013)

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Criminal Law—Domestic Violence—Credibility of Victim—Prior Assaults—Admissibility

Whether in this prosecution for felony violation of a no contact order predicated on a domestic violence assault, in which the alleged victim denied at trial that an assault had occurred, the trial court properly admitted evidence of the defendant’s prior assaults against the victim for the purpose of assessing her credibility where she did not recant a prior accusation or otherwise testify in conflict with prior statements.

No. 89297-1, State (respondent) v. Gunderson (petitioner). (5/13/14)

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Criminal Law—Evidence—Opinion Evidence—Guilt or Innocence—Intoxication—HGN Test—Officer’s Testimony

Whether in a prosecution for driving under the influence the arresting officer improperly offered an opinion on the defendant’s guilt when he testified that on the basis of a horizontal gaze nystagmus test there was “no doubt” the defendant was impaired.

No. 89666-6, State (petitioner) v. Quaale (respondent). (5/29/14)

177 Wn. App. 603 (2013)

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Criminal Law—Homicide—Aggravated First Degree Murder—Death Penalty—Information—Sufficiency—Essential Elements—Absence of Mitigating Circumstances

Whether in a prosecution for aggravated first degree murder in which the State seeks the death penalty, the absence of sufficient mitigating circumstances to merit leniency is an essential element of the offense that the State must allege in the information.

No. 89881-2, State (petitioner) v. McEnroe & Anderson (respondents). (6/26/14)

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Criminal Law—Kidnapping—Incidental Offense—Committed as Part of Robbery—Sufficiency of Evidence

Whether in a prosecution for first degree robbery and first degree kidnapping, the evidence of kidnapping is insufficient if it shows that the restraint of the victim was only “incidental” to the commission of the robbery.

No. 89570-8, State (petitioner) v. Berg & Reed (respondents). (5/27/14)

177 Wn. App. 119 (2013) Published in Part

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Criminal Law—Limitation of Actions—Waiver—Validity

Whether the trial court in this criminal prosecution had authority to adjudicate charges that were statutorily time barred where the defendant waived the statute of limitations.

No. 89502-3, State (petitioner) v. Peltier (respondent). (5/6/14)

176 Wn. App. 732 (2013)

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Criminal Law—New Trial—Case on Appeal—Appellate Court Permission—Necessity—Newly Discovered Evidence

Whether the superior court in this criminal prosecution properly granted the defendant a new trial while the case was on appeal without first obtaining the appellate court’s permission, and if so, whether the defendant was entitled to a new trial on the basis of newly discovered evidence.

No. 89369-1, State (respondent) v. Hawkins (petitioner) (see also Criminal Law—New Trial—Time for Trial—Commencement Date—“Entry of Order” Granting New Trial—Memorandum Decision Granting New Trial). (5/8/14)

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Criminal Law—New Trial—Time for Trial—Commencement Date—“Entry of Order” Granting New Trial—Memorandum Decision Granting New Trial

Whether a superior court’s memorandum decision granting a criminal defendant a new trial constituted the “entry of an order” granting a new trial for purposes of setting the commencement date for determining the time of trial. See CrR 3.3(c)(2)(iii).

No. 89369-1, State (respondent) v. Hawkins (petitioner) (see also Criminal Law—New Trial—Case on Appeal—Appellate Court Permission—Necessity—Newly Discovered Evidence). (5/8/14)

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Criminal Law—Punishment—Sentence—Criminal History—Prior Convictions—Multiple Convictions—Same Criminal Conduct—Burglary—Antimerger Statute—Effect

Whether in calculating the offender score in a criminal prosecution, the trial court may apply the burglary antimerger statute to prior convictions so as to count separately a prior burglary and any crime of conviction committed in the course of the burglary. See RCW 9A.52.050.

No. 89318-7, State (petitioner) v. Williams (respondent). (6/10/14)

176 Wn. App. 138 (2013)

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Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Impact on Others—Applicability—Rendering Criminal Assistance—Impact on Specific Individual or Entity

Whether in a prosecution for rendering criminal assistance, the defendants’ actions in helping another person who had killed police officers to evade capture had “a destructive and foreseeable impact on persons other than the victim” so as to support an exceptional sentence. See RCW 9.94A.535(3)(r).

No. 89448-5, State (respondent) v. Davis, et al. (petitioners) (see also Criminal Law—Weapons—Possession—Actual or Constructive Possession—Momentary Handling—Proof of Actual Control). (5/15/14)

176 Wn. App. 849 (2013)

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Criminal Law—Trial—Misconduct of Prosecutor—Argument—Appeal to Passion or Prejudice—Personal Opinion—Defendant’s Guilt

Whether in a criminal prosecution the State committed prejudicial misconduct in closing argument by presenting a slide show that contained images of the defendant’s booking photograph with text, such as “GUILTY BEYOND A REASONABLE DOUBT,” superimposed over the images.

No. 89830-8, State (respondent) v. Walker (petitioner) (see also Criminal Law Homicide—First Degree Murder—Premeditation—Proof— Accomplice Liability—Applicability). (6/24/14)

178 Wn. App. 478 (2013)

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Criminal Law—Weapons—Possession—Actual or Constructive Possession—Momentary Handling—Proof of Actual Control

Whether in a prosecution for possession of a stolen firearm and unlawful possession of a firearm, evidence that one defendant stowed a gun stolen by another inside a bag in her home, and that another defendant handed the bag to another person who had asked for the gun was sufficient to prove actual or constructive possession of the firearm.

No. 89448-5, State (respondent) v. Davis, et al. (petitioners) (see also Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Impact on Others—Applicability—Rendering Criminal Assistance—Impact on Specific Individual or Entity). (5/15/14)

176 Wn. App. 849 (2013)

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Deeds of Trust—Nonjudicial Foreclosure—Beneficiary Declaration of Debt Ownership—Sufficiency—Actual Holder of Note or Authority to Enforce Note

Whether under the Deed of Trusts Act (chapter 61.24 RCW) a beneficiary’s declaration of debt ownership must state that the beneficiary is the actual holder of the note, such that a declaration is insufficient if it states that the beneficiary is the actual holder or has the requisite authority to enforce the note.

No. 89132-0, Lyons (appellant) v. U.S. Bank Nat’l Ass’n, et al. (respondents) (see also Deeds of Trust—Nonjudicial Foreclosure—Trustee—Duties—Notification that Note Had Been Sold—Cancellation of Sale—Necessity; Deeds of Trust—Wrongful Initiation of Foreclosure Proceedings—Civil Action—Availability in Absence of Foreclosure Sale). (5/27/14)

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Deeds of Trust—Nonjudicial Foreclosure—Trustee—Duties—Notification that Note Had Been Sold—Cancellation of Sale—Necessity

Whether the trustee in a nonjudicial foreclosure action violated its fiduciary duty to the parties by refusing to immediately cancel a trustee’s sale after the borrower advised the trustee that the beneficiary no longer owned the note foreclosed upon.

No. 89132-0, Lyons (appellant) v. U.S. Bank Nat’l Ass’n, et al. (respondents) (see also Deeds of Trust—Nonjudicial Foreclosure—Beneficiary Declaration of Debt Ownership—Sufficiency—Actual Holder of Note or Authority to Enforce Note; Deeds of Trust—Wrongful Initiation of Foreclosure Proceedings—Civil Action—Availability in Absence of Foreclosure Sale). (5/27/14)

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Deeds of Trust—Wrongful Initiation of Foreclosure Proceedings—Civil Action—Availability in Absence of Foreclosure Sale

Whether in Washington an action may be brought for wrongful initiation of foreclosure in the absence of a foreclosure sale.

No. 89132-0, Lyons (appellant) v. U.S. Bank Nat’l Ass’n, et al. (respondents) (see also Deeds of Trust—Nonjudicial Foreclosure—Trustee—Duties—Notification that Note Had Been Sold—Cancellation of Sale—Necessity; Deeds of Trust—Nonjudicial Foreclosure—Beneficiary Declaration of Debt Ownership—Sufficiency—Actual Holder of Note or Authority to Enforce Note). (5/27/14)

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Easements—Access and Utility Easement—Creation—Recorded Plat—Dedication to County—Stormwater Facilities—Scope

Whether an interceptor drain pipe installed by a plat developer and required by Snohomish County to make the site suitable for development is a “stormwater facility” that was dedicated to the county as a drainage easement on the plat map, requiring the city of Bothell (the county’s successor) to maintain the pipe.

No. 89533-3, Crystal Ridge Homeowners Ass’n, et al. (respondents) v. City of Bothell (petitioner). (6/10/14)

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Elections—Fair Campaign Practices Act—Citizens Action—Investigation by State—Denial of Enforcement Action—Effect—“Political Committee”—What Constitutes

Whether the attorney general “commenced an action” within the meaning of the Fair Campaign Practices Act, RCW 42.17A.765(4)(a)(i), thus precluding a private citizen’s suit against an association, by referring a citizen complaint to the Public Disclosure Commission for investigation and on the commission’s recommendation deciding not to bring an enforcement action, and whether the association was a “political committee” under the act.

No. 89462-1, Utter & Ireland (petitioners) v. Building Indus. Ass’n of Wash. (respondents). (5/27/14)

176 Wn. App. 646 (2013)

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Employment—Compensation—Minimum Wage—Statutory Provisions—“Employer”—Joint Employer—Economic Reality Test—Factors

Whether in this action under the Minimum Wage Act, chapter 49.46 RCW, the Court of Appeals applied the proper factors under the “economic reality test” in determining that issues of fact exist as to whether either a retail company or a janitorial management company it contracted with were joint employers of janitors that a subcontractor hired to clean the retail company’s stores.

No. 89534-1, Becerra, et al. (respondents) v. Expert Janitorial, et al. (petitioners). (5/27/14)

176 Wn. App. 694 (2013)

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Evidence—Opinion Evidence—Expert Testimony—Medical Evidence—What Constitutes—Automobile Collision Forces

Whether in a personal injury action the testimony of a biomechanical engineer regarding forces acting on the human body during a car collision should have been excluded as a medical opinion the witness was not qualified to give.

No. 89625-9, Johnston-Forbes (petitioner) v. Matsunaga (respondent) (5/29/14)

177 Wn. App. 402 (2013)

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Execution—Sale—Withdrawal of High Bid Before Confirmation—Non-Judgment Creditor—Vacation of Sale—Equitable Grounds

Whether the highest bidder at a sheriff’s foreclosure sale who is not the judgment creditor may withdraw its bid any time before the sale is confirmed even if there is no substantial irregularity in the sale, and if not, whether the trial court properly vacated a sale in this case on equitable grounds based on lack of knowledge of a bank’s lien.

No. 89805-7, Sixty-01 Ass’n of Apartment Owners (respondent) v. Pashniak (petitioner). (6/24/14)

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Insurance—Health Insurance—Governmental Employer-Funded Plans—Failure to Provide to Eligible Employees—Monetary Damages—Employees’ Out-of-Pocket Health Care Costs—Unpaid Premiums—Class Actions—Class Damages Without Proof of Individual Damages—Validity

Whether in this class action monetary damages for the State’s failure to offer or provide employer-funded health insurance to eligible part-time state employees is measured by the actual out-of-pockets health care expenses of employees deprived of insurance or by the amount the State failed to pay in insurance premiums, and whether damages must be proven as to each class member or may be proven class wide on an actuarial basis.

No. 89774-3, Moore, et al. (respondents) v. Health Care Authority, et al. (petitioners). (5/15/14)

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Insurance—Health Insurance—Individual Insurance Policies—Scope of Coverage—Neurodevelopmental Disorders—Statutory Provisions

Whether under the mental health parity act, RCW 48.44.341, individual health insurance policies must cover services for treatment of recognized neurodevelopmental disorders to the same extent they cover medical and surgical services.

No. 88940-6, O. S. T., et al. (respondents) v. Regence Blueshield (appellant). (see also Insurance—Health Insurance—Individual Policies—Scope of Coverage—Neurodevelopmental Disorders—Statutory Provisions). (6/12/14)

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Insurance—Health Insurance—Individual Policies—Scope of Coverage—Neurodevelopmental Disorders—Statutory Provisions

Whether under the mental health parity act, RCW 48.44.341, individual health insurance policies must cover services for treatment of recognized neurodevelopmental disorders to the same extent they cover medical and surgical services.

No. 88938-4, A. G., et al. (respondents) v. Premera Blue Cross, et al. (petitioners). (see also Insurance—Health Insurance—Individual Insurance Policies—Scope of Coverage—Neurodevelopmental Disorders—Statutory Provisions). STRICKEN

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Judgment—Default Judgment—Vacation—Excusable Neglect—Misnamed Defendant—Defendant’s Instruction to Registered Agent to Refuse Service of Complaint Misnaming Defendant

Whether in a personal injury action based on an incident at a Big Lots store, where the complaint named as defendant “Big Lots, Inc.,” the trial court properly vacated a default judgment based on lack of notice of the suit where the registered agent of the corporations that operated stores in Washington, Big Lots Stores, Inc., and PNS Stores, Inc. (both subsidiaries of Big Lots, Inc.) had been instructed to reject service of any complaint that did not precisely name Big Lot Stores, Inc. or PNS Stores, Inc. as defendant.

No. 89523-6, Grantor (petitioner) v. Big Lots, Inc. (respondent). ORDER TERMINATING REVIEW

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Juveniles—Juvenile Justice—Jurisdiction—Indictment and Information—Timeliness—Delay—Charges Filed Before Majority—Loss of Jurisdiction Past Majority—Prejudice—Remedy

Whether an 11-month delay in the prosecution of a juvenile defendant, which resulted in criminal charges being filed in juvenile court shortly before the defendant turned 18, prejudiced the defendant in his ability to extend juvenile jurisdiction and exposed him to prosecution as an adult, and if so, whether the remedy is dismissal of the adult court charges with prejudice.

No. 89786-7, State (respondent) v. Maynard (petitioner) (see also Juveniles—Juvenile Justice—Jurisdiction—Loss of Jurisdiction Past Majority—Ineffective Assistance of Counsel—Remedy). (6/12/14)

315 P.3d 545 (2013) Published in Part

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Juveniles—Juvenile Justice—Jurisdiction—Loss of Jurisdiction Past Majority—Ineffective Assistance of Counsel—Remedy

Whether in a criminal prosecution the remedy for defense counsel’s ineffectiveness in failing to preserve juvenile jurisdiction over the defendant’s criminal prosecution is dismissal of the resulting adult court charges with prejudice.

No. 89786-7, State (respondent) v. Maynard (petitioner) (see also Juveniles—Juvenile Justice—Jurisdiction—Indictment and Information—Timeliness—Delay—Charges Filed Before Majority—Loss of Jurisdiction Past Majority—Prejudice—Remedy). (6/12/14)

315 P.3d 545 (2013) Published in Part

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Mental Health—Involuntary Commitment—Petition for Short-Term Care—Judgment Declaring Administrative Rule Unlawful as Applied—Validity—Failure to Challenge Rule Under Administrative Procedure Act

Whether in proceedings seeking short-term involuntary detentions for mental health treatment the trial court had authority outside the Administrative Procedure Act to issue a declaratory judgment invalidating the use of the “single bed certification” procedure of WAC 388-865-0526 to detain persons in uncertified hospitals due to lack of space at certified evaluation and treatment facilities.

No. 90110-4, In re Det. of: D.W., G.K., S.B., E.S., M.H., S.P., L.W., J.P., D.C. and M.P. (respondents) v. Dep’t of Soc. & Health Servs. & Pierce County (appellants) (see also Mental Health—Involuntary Commitment—Short-Term Care—Lack of Space in Certified Evaluation and Treatment Facility—Commitment to Noncertified Facility—Validity). (6/26/14)

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Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Full Evidentiary Hearing—Availability by Personal Restraint Petition—Changed Diagnosis—Low Risk of Reoffense

Whether a detainee civilly committed as a sexually violent predator may challenge his continued confinement by personal restraint petition, and if so, whether the detainee is entitled to a release trial on the basis of a changed mental abnormality diagnosis and a risk of reoffense assessment of less than 50 percent.

No. 89251-2, In re Pers. Restraint of Meirhofer, Alan Meirhofer (petitioner); State (respondent). (5/8/14)

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Mental Health—Involuntary Commitment—Short-Term Care—Lack of Space in Certified Evaluation and Treatment Facility—Commitment to Noncertified Facility—Validity

Whether the “single bed certification” procedure of WAC 388-865-0526 is unconstitutional and violates chapter 71.05 RCW when employed to detain a person for short-term mental health treatment in an uncertified hospital due to lack of space at a certified mental health evaluation and treatment facility.

No. 90110-4, In re Det. of: D.W., G.K., S.B., E.S., M.H., S.P., L.W., J.P., D.C. and M.P. (respondents) v. Dep’t of Soc. & Health Servs. & Pierce County (appellants) (see also Mental Health—Involuntary Commitment—Petition for Short-Term Care—Judgment Declaring Administrative Rule Unlawful as Applied—Validity—Failure to Challenge Rule Under Administrative Procedure Act). (6/26/14)

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Municipal Corporations—Ordinances—City Ordinances—Enforceability Against Airport Within City Boundaries but Operated by Port Authority

Whether RCW 14.08.330, which grants exclusive jurisdiction over every airport to the municipality that operates the airport, prohibits the city of SeaTac from enforcing its minimum wage ordinance at Seattle-Tacoma International Airport, which is within the city’s territorial boundaries but is operated by the Port of Seattle.

No. 89723-9, Filo Foods, LLC, et al. (respondent/cross-appellants) v. City of SeaTac, et al. (appellant/cross-respondents). (6/26/14)

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Open Government—Courts—Public Access—Constitutional Right—State Constitution—Applicability to Drug Diversion Court Meetings

Whether closed and unrecorded drug diversion court meetings held to evaluate participants’ drug treatment progress violate the right to open judicial proceedings under article I, section 10 of the state constitution.

No. 87946-0 (consol. w/87947-8), State (petitioner) v. Sykes (respondent). (5/13/14)

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Open Government—Juveniles—Juvenile Justice—Records—Disclosure—Determination—Type of File

Whether evaluations of a juvenile offender’s eligibility for the special sex offender disposition alternative may be released to the public if they were filed in the official legal file of the case maintained by the superior court clerk.

No. 89689-5, State (respondent) v. A. G. S. (petitioner). ORAL ARGUMENT STRICKEN

176 Wn. App. 365 (2013)

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Open Government—Public Disclosure—Denial—Justification—Specification—Failure to Provide Brief Explanation—Costs and Attorney Fees

Whether the Public Records Act allows an award of attorney fees and costs to a requester when an agency properly withholds records but fails to adequately explain the applicable exemption from disclosure.

No. 89648-8, City of Lakewood (petitioner) v. Koenig (respondent). (6/10/14)

176 Wn. App. 397 (2013)

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Personal Restraint—Petition—Timeliness—Statutory Limits—Exemptions—Significant Change in Law—Appellate Decision—Juvenile Sentence—Cruel Punishment—Exceptional Sentence Less Than Mandatory Life

Whether Miller v. Alabama, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), which held that it constitutes cruel and unusual punishment to sentence a juvenile to life imprisonment without possibility of early release, is retroactively applicable to previously final judgments, and if so, whether it applies to an exceptional sentence of less than mandatory life.

No. 88921-0, In re Pers. Restraint of Thomas, Gregory O. Thomas (petitioner); State (respondent). (5/8/14)

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Personal Restraint—Right to Public Trial—Violation—Individual Questioning of Prospective Jurors in Chambers—Prejudice—Necessity

Whether the defendant in a criminal prosecution was deprived of his right to a public trial when some prospective jurors were examined in chambers, and if so, whether the defendant must show actual and substantial prejudice from the violation in order to obtain relief by personal restraint petition.

No. 89693-3, In re Pers. Restraint of Speight, Roland A. Speight (petitioner); State (respondent). (5/6/14)

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Personal Restraint—Right to Public Trial—Violation—Individual Questioning of Prospective Jurors in Chambers—Prejudice—Necessity

Whether the defendant in a criminal prosecution was deprived of his right to a public trial when some prospective jurors were examined privately, and if so, whether the defendant must show actual and substantial prejudice from the violation in order to obtain relief by personal restraint petition.

No. 89694-1, In re Pers. Restraint of Coggin, William R. Coggin (petitioner); State (respondent). (5/6/14)

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Taxation—Business and Occupation Tax—Deductions—Interest Earned on Real Estate Loans—Real Estate Mortgage Investment Conduit—Collateralized Mortgage Obligation

Whether interest income derived from a bank’s investments in collateralized mortgage obligations and real estate mortgage investments conduits may be deducted from business and occupation tax obligation as “amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties.” See former RCW 82.04.4292 (2007).

No. 89367-5, Cashmere Valley Bank (petitioner) v. Dep’t of Revenue (respondent). (5/29/14)

175 Wn. App. 403 (2013)

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Torts—Immunity—Communication to Government Agency—Special Motion to Strike Claim—“Moving Party”—“Legal Entity”—City

Whether, in an action by a police officer against the city of Yakima for tortious conduct in relation to the city’s internal investigation of the officer, the city is a “person” who may file a special motion to strike under the Strategic Lawsuit Against Public Participation statute. See RCW 4.24.525.

No. 89674-7, Henne (respondent) v. City of Yakima (petitioner) (see also Torts—Immunity—Communication to Government Agency—Special Motion to Strike Claim—Voluntary Removal of Claim—Effect). (5/29/14)

177 Wn. App. 583 (2013)

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Torts—Immunity—Communication to Government Agency—Special Motion to Strike Claim—Voluntary Removal of Claim—Effect

Whether a tort plaintiff’s voluntary withdrawal of claims subject to the defendant’s pending special motion to strike under the Strategic Lawsuit Against Public Participation statute, RCW 4.24.525, renders the motion moot and insulates the plaintiff from attorney fees and the penalty awardable under the statute.

No. 89674-7, Henne (respondent) v. City of Yakima (petitioner) (see also Torts—Immunity—Communication to Government Agency—Special Motion to Strike Claim—“Moving Party”—“Legal Entity”—City). (5/29/14)

177 Wn. App. 583 (2013)

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Trusts—Action for Breach of Fiduciary Duties—Dismissal as Time-Barred—Attorney Fees—On Appeal

Whether in an action by a trust beneficiary for breach of fiduciary duties against the trustee and the attorney hired by the trustee to prepare annual accounting reports, the Court of Appeals properly awarded the defendants attorney fees on appeal under the Trust and Estate Dispute Resolution Act, chapter 11.96A RCW, after affirming the dismissal of the action as untimely.

No. 89788-3, Anderson (petitioner) v. Dussault, et al. (respondents) (see also Trusts—Action for Breach of Fiduciary Duties—Limitation of Actions—Accounting—Court Approval—Effect; Trusts—Minor Beneficiary—Accounting—Court Approval—Failure to Appoint Guardian ad Litem—Effect). (6/24/14)

177 Wn. App. 79 (2013)

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Trusts—Action for Breach of Fiduciary Duties—Limitation of Actions—Accounting—Court Approval—Effect

Whether a trust beneficiary’s action for breach of fiduciary duties that was brought within the three-year statute of limitations of the Trust and Estate Dispute Resolution Act, chapter 11.96A RCW (which was tolled while the beneficiary was a minor without a guardian ad litem), is nonetheless barred because the beneficiary did not timely appeal from trial court orders approving annual trust accounting reports pursuant to the Trustees’ Accounting Act, chapter 11.106 RCW, or because she failed to challenge the reports within the time limit specified by the trust agreement.

No. 89788-3, Anderson (petitioner) v. Dussault, et al. (respondents) (see also Trusts—Action for Breach of Fiduciary Duties—Dismissal as Time-Barred—Attorney Fees—On Appeal; Trusts—Minor Beneficiary—Accounting—Court Approval—Failure to Appoint Guardian ad Litem—Effect). (6/24/14)

177 Wn. App. 79 (2013)

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Trusts—Minor Beneficiary—Accounting—Court Approval—Failure to Appoint Guardian ad Litem—Effect

Whether a trust beneficiary is bound by unappealed court orders approving annual trust accounting reports if the orders were issued while the beneficiary was a minor without a guardian ad litem.

No. 89788-3, Anderson (petitioner) v. Dussault, et al. (respondents) (see also Trusts—Action for Breach of Fiduciary Duties—Dismissal as Time-Barred—Attorney Fees—On Appeal; Trusts—Action for Breach of Fiduciary Duties—Limitation of Actions—Accounting—Court Approval—Effect). (6/24/14)

177 Wn. App. 79 (2013)

 

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