Docket No. 85654-1 (from Court of Appeals Division II Case No. 39921-1)  Facts:  Respondent Business Services of America II, Inc. filed suit against petitioner WaferTech, L.L.C. in the Superior Court for Clark County following a construction contract dispute.  The trial court dismissed Business Services of America II’s claims and awarded WaferTech attorney fees.  Upon appeal, the Washington Court of Appeals affirmed in part and reversed in part, affirming the dismissal of most of Business Services of America II’s claims but reversing and remanding with respect to a lien foreclosure claim.  The trial court subsequently entered a stipulation and order for return of exhibits.  Neither party responded to the order.  Two years later, Business Services of America II’s attorney filed a notice of intent to withdraw.  The notice inaccurately stated that the case had been dismissed and judgment entered against Business Services of America II.  One year later, Business Services of America II, under new ownership, moved to try the remanded lien claim and the case was noted for trial.  However, the trial court subsequently granted WaferTech’s motion for dismissal, ruling that Business Services of America II’s dilatoriness and deception constituted unacceptable litigation practices.  Upon appeal, the Washington Court of Appeals reversed, holding that Washington State Court Rule 41(b)(1), which states that a case shall not be dismissed if it is noted for trial before the hearing on the motion to dismiss, prohibits dismissal. Continue reading →

Docket No. 85556-1 (from Court of Appeals Division II Case No. 39417-1)  Facts:  Respondent Tesoro Refining & Marketing Company produces marine bunker fuel for foreign consumption at its refinery near Anacortes.  Under Washington Revised Code §82.04.433, proceeds from the foreign sale of oil products may be deducted in calculating liability for business and occupation taxes on oil products.  This deducation was claimed by Tesoro Refining & Marketing Company in its tax returns for both its business and occupation tax on wholesaling and retailing and its business and occupation tax on manufacturing.  After the Department of Revenue’s appeals division ruled that the deduction does not apply to business and occupation taxes on manufacturing, Tesoro Refining & Marketing Company petitioned the Superior Court for Thurston County for a declaratory judgment that the deduction is not limited to business and occupation taxes on wholesaling and retailing.  In the interim, the legislature enacted a retroactive clarifying amendment to §82.04.433 that expressly limits the deduction to business and occupation taxes on wholesaling and retailing.  The superior court granted summary judgment for the Department of Revenue. Continue reading →

Docket No. 85408-4 (from Court of Appeals Division II Case No. 39333-6)  Facts:  Respondent Michael Gendler was seriously injured while riding his bicycle across Seattle’s Montlake Bridge when the bicycle’s front wheel was suddenly caught in a seam on the bridge’s deck grating, throwing Gendler off of the bicycle and onto the roadway.  After learning that several other bicyclists had been injured in similar accidents on the same bridge, Gendler submitted a public records request to the Washington State Patrol for copies of police reports on all accidents on Montlake Bridge involving bicycles.  The Washington State Patrol conditioned release of the reports upon Gendler signing a certification that he would not use the records in a lawsuit against the state of Washington or any of its agencies.  Asserting that this requirement violates the Public Records Act (Washington Revised Code §42.56), Gendler subsequently filed suit against petitioner John Batiste, the chief of the Washington State Patrol, in the Superior Court for Thurston County. Continue reading →