Docket No. 77291-6 (from Court of Appeals Division I Case No. 53950-7)  Facts:

In a consolidation of 3 cases, petitioners Morin, Gutz, and Matia Investment Funds Inc. properly initiated lawsuits against respondents Burris, Johnson, and the City of Tacoma respectively. In all three cases the respondents failed to file answers or formally appear in court when actions where brought against them, resulting in the successful motion for default judgment by the petitioners. The respondents moved to vacate the default judgment, claiming they had informally appeared and were entitled to notice of default proceedings. Continue reading →

Docket No. 77558-3 (from Court of Appeals Division I Case No. 53950-7)  Synopsis: Does tribal sovereign immunity protect a tribal corporation? Continue reading →

Docket No. 77362-9 (from Court of Appeals Division I Case No. 54485-3)  Synopsis: The defendants maintain that the plaintiffs’ suits for breach of construction contracts were filed too late. Continue reading →

Docket No. 77229-1 (from Court of Appeals Division I Case No. 52660-0)  Synopsis: Should the Supreme Court grant equitable relief to the Petitioners (commercial Lenders) by placing an equitable lien on the Respondent’s (Carole Sorenson) real property or by estopping her from quieting title in the property? Continue reading →

Docket No. 77398-0 (from Court of Appeals Division I Case No. 53690-7)  Synopsis: May an attorney sue co-counsel for the fee the attorney expected to earn in representing their mutual client? May an attorney sue co-counsel for money paid by the attorney’s malpractice insurance company to settle their malpractice lawsuit? Continue reading →

Docket No. 200,294-3 (from WSBA Case No. 890)  Synopsis: Whether the rules of professional conduct prohibit an attorney from potential malpractice claims with unrepresented former clients where no actual claim was ever raised? Continue reading →

Docket No. 77359-9 (from Court of Appeals Division III Case No. 23788-5)  Facts: Petitioner Charles McNabb, an inmate at Airway Heights Corrections Center, was fed forcibly via a nasogastric tube after he consistently refused food following his arrival at the facility. Asserting that feeding him against his will in this manner violates the right to privacy guaranteed by Article I §7 of the Washington State Constitution, McNabb subsequently filed suit against the respondent Department of Corrections in the Superior Court for Spokane County. Continue reading →

Docket No. 77733-1 (from Court of Appeals Division III Case No. 23788-5)  Synopsis: Whether the judgment and sentence in this case became final after the decision in Blakely v. Washington, and if so, whether Blakely applies to an exceptional sentence consisting of consecutive standard range terms. Continue reading →

Docket No. 77570-2 (from Court of Appeals Division II Case No. 31703-6)  Facts:  The law firm Morse & Bratt performed legal work for Neil Rose.  When Morse & Bratt expressed concern to Rose regarding his ability to pay his outstanding legal fees, Rose executed a deed of trust to a property owned by petitioner Valley, L.L.C., of which Rose was a member, as security.  When Rose subsequently defaulted on his legal fees, respondent Randall Stewart, Morse & Bratt’s trustee, initiated foreclosure proceedings.  Valley moved to prevent foreclosure, asserting that Rose lacked authority to pledge Valley’s property as collateral and that the agreement between Rose and Morse & Bratt violated Washington’s Rules of Professional Conduct.  The trial court granted summary judgment for Stewart, ruling that Rose had authority to pledge Valley’s property as collateral and that the agreement is enforceable. Continue reading →

Docket No. 77195-2 (from Court of Appeals Division III Case No. 22884-3)  Facts:  Petitioner Bernard Shaw petitioned the Superior Court for Franklin County for a declaratory judgment that Ordinance 3231, which was enacted by the respondent city of Pasco and requires landlords to submit a certification every two years that their rental units meet all applicable health, safety, and building code requirements, violates the right against unreasonable searches conferred by the 4^th Amendment to the United States Constitution and Article I §7 of the Washington State Constitution.  The superior court granted summary judgment for the city of Pasco, ruling that landlords and the private inspectors that they employ are not state actors and that limited inspections of rental units for purposes of ensuring compliance with health, safety, and building codes are not searches. Continue reading →