Docket No. 79207-1  Facts: After petitioner Judith Young brought an action to quiet title to a piece of property in her name and eject from the property respondent James Young, who was residing on the property while performing remodeling and repair work, James Young filed a counterclaim seeking damages for unjust enrichment. Continue reading →

Docket No. 79143-1  Facts: Petitioner Phillip Hicks was convicted of murder in the Superior Court for Pierce County. Hicks subsequently appealed his conviction on grounds that he had been provided ineffective assistance of counsel when his attorney failed to object to the trial court informing prospective jurors that the respondent state of Washington was not seeking the death penalty and on grounds that during jury selection the sole remaining African American in the jury pool had been unconstitutionally dismissed via a peremptory challenge on the basis of their race. Continue reading →

Docket No. 79128-7  Facts:  Petitioner Ed Christensen filed a complaint for unlawful detainer against respondent Richard Ellsworth after Ellsworth failed to make a rental payment and failed to respond to a notice to vacate the premises.  The court entered an order of default and a writ of restitution when Ellsworth failed to appear.  Christensen subsequently sought a default judgment based upon the order of default.  Ellsworth responded by moving to vacate the order of default, asserting that the unlawful detainer action was prematurely commenced insofar as it failed to comply with Washington Revised Code §59.12.030(3)’s requirement that three days notice be provided period prior to filing an unlawful detainer action.  In particular, Ellsworth maintained that although the unlawful detainer action was filed five days after Christensen posted the notice to vacate the premises, it was premature insofar as Washington Court Rule 6(a) excludes weekends and holidays in calculating time periods of less than seven days. Continue reading →