Washington Homeowners Association Law

Bob Dawson, et al. v. Porch.com, Inc., et al.

Seattle, WA: Consumer law lawyers represented Plaintiffs who sued Defendants on Telephone Consumer Protection Act (47 U.S.C. 227) violations.

See: 47 U.S.C §227. Restrictions on use of telephone equipment
(a) Definitions

As used in this section—

(1) The term “automatic telephone dialing system” means equipment which has the capacity—

(A) to store or... More...
   $0 (08-17-2021 - WA)

United States of America v. Edwin Josue Herrera Rosales, a/k/a "Josh Herrer"

Seattle, Washington wire fraud charge criminal defense lawyer represented Defendant, Edwin Josue Herrera Rosales, A/k/a Josh Herrera, age 33, who was charged with one count of conspiracy to commit wire fraud in connection with his operation of call centers that operated under the names “Sound Solutions Group,” “Community Assistance Center,” and California-based “Sienna Support Network."<... More...   $0 (02-09-2021 - WA)

U.S. Equal Employment Opportunity Commission (EEOC) v. Global Horizons, Inc., d/b/a Global Horizons Manpower, Inc.; Green Acre Farms, Inc., Valley Fruit Orchards, LLC

Green Acre Farms and Valley Fruit Orchards (the Growers) are fruit growers in the State of Washington. In 2003, the Growers experienced labor shortages and entered into agreements with Global Horizons, Inc., a labor contractor, to obtain temporary workers for their orchards. Wit... More...
   $0 (02-07-2019 - WA)

Jerry Hoang v. Bank of America, N.A.

If a creditor fails to make required disclosures under the
Truth in Lending Act (TILA), borrowers are allowed three
years from the loans consummation date to rescind certain
loans.1 15 U.S.C. 1635(f). Borrowers may effect that
rescission s... More...
   $0 (12-09-2018 - WA)

Danny P.; Angela P.; Nicole B. v. Catholic Health Initiatives

Western District of Washington Federal Courthouse - Seattle, Washington

Danny P., Angela P. and Nicole B. (hereafter collectively
P) appeal the district courts grant of summary judgment to
Catholic Health Initiatives (CHI) and Catholic Health
Initiatives Medical PlanBlue Cross Blue Shield (collectively
the Plan). The Plan denied Ps claim for the cost of Nicole
B.s inpatient stay in Island View Residential Treatment
Center (Island Vie... More...
   $0 (06-09-2018 - WA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al.

Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs claims under 42 U.S.C. 1983, the trial
court certified its order under RAP 2.3(b)(4) as one involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion. We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

State of Washington v. Oscar Raul Lopez

Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performanceand sometimes failure to show
upat trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Michelle Merceri v. Deutsche Bank, AG, et al.

Washington Court of Appeals, Division 1 - Tacoma, Washington

Under RCW 4.16.230, the statute of limitations is tolled
when the commencement of an action is stayed by a statutory prohibition. Under
the federal bankruptcy code, actions to foreclose on a debtor's property are
stayed while the property at issue is part of the bankruptcy estate. We are asked
to determine whether the bankruptcy stay is a statutory prohibition that tolls the
st... More...
   $0 (01-22-2018 - WA)

United States of America v. Edward Bui

Western District of Washington Federal Courthouse - Seattle, Washington

Seattle, WA - Serial Fraudster Sentenced to 61 Months in Prison for Latest Round of Scams Aimed at Internet and Shipping Businesses - Used Internet Payment Processors for Modern-Day Check Kiting Scheme

A Seattle man sentenced for mail fraud and wire fraud in 2009, changed his name and committed a new round of frauds resulting today in a 61 month federal prison sentence, three years of s... More...
   $0 (11-03-2017 - WA)

Roff Arden and bobbi Arden v. Forsberg & Umlauf, P.S., et al.

This case involves claims of breaches of fiduciary duty and
legal malpractice against lawyers hired to defend insureds in a civil action where
the insurance company provided the defense.^ The insureds claim the lawyers
violated their professional responsibilities by failing to disclose a potential conflict
^ The Court of Appeals and the parties in their briefing characterized the i... More...
   $0 (09-14-2017 - WA)

David Martin v. Gonzaga University

David Martin sues his former employer, Gonzaga University, for
discharge in employment in violation of public policy and for a violation of a statute
allowing an employee access to his personnel file. We affirm a summary judgment
dismissal of the wrongful discharge claim. Martin fails to present evidence to support the
fourth element of the claim, that element being the absence of ... More...
   $0 (09-07-2017 - WA)

State of Washington v. Tyree William Jefferson

Tyree Jefferson appeals his conviction for attempted first degree
murder, first degree assault, and unlawful possession of a firearm. Jefferson raises ten
issues on appeal, including: (1) the trial court erred in denying his Batson' challenge
after the State used a peremptory challenge to strike the only African American
venireperson, (2) the trial court violated the appearance of ... More...
   $0 (07-17-2017 - WA)

Donald and Katrina Simmons v. City of Othello

Donald and Katrina Simmons appeal the summary judgment
dismissal of their lawsuit against the city of Othello, arising from the failure of a line
connecting their home to the city's main sewer line. Based on evidence that the failure
occurred in the portion of the line lying under a public alley traveled by heavy city
garbage trucks, the Simmonses contend they are entitled to a tri... More...
   $0 (06-27-2017 - WA)

In re Kathleen M. Grant v. John D. Grant

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec... More...
   $0 (05-23-2017 - WA)

Bellevue Farm Owners Association v. Chad Stevens

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney... More...
   $0 (04-10-2017 - WA)

Josette Taylor v. Intuitive Surgical, Inc.

Manufacturers have a duty to provide warnings to
consumers about the risks of their products pursuant to the Washington product
liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a
surgical device to a hospital, which credentialed some of its physicians to
perform surgery with the device. The manufacturer's warnings regarding that
device are at the heart ... More...
   $0 (02-09-2017 - WA)

United States of America v. Lonny Howard

Seattle, WA - Plant Manager for Willapa Bay Oyster Processor Sentenced for Violating Clean Water Act

Knowingly Submitted Fraudulent Test Data of Fecal Coliform Levels in Wastewater

The manager of an Ocean Park, Washington oyster processing company who falsified important tests of the plants wastewater discharge and lied to state regulators about those readings was sentenced toda... More...
   $0 (03-03-2017 - WA)


Appeals Court Deals New Blow To Donald Trumps Travel Ban Targeting Muslims

On January 27, 2017, the President issued Executive Order 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States (the Executive Order). 82 Fed. Reg. 8,977. Citing the terrorist attacks of September 11, 2001, and stating that numerous foreign-born individuals have been convicted or implicated in terrorismrelated crimes since then, the Executive Order declares that ... More...   $0 (02-09-2017 - WA)

United States of America v. Emeritus Corporation, dba Emeritus Senior Living

Seattle, WA - Assisted Living Chain Emeritus Settles Allegations of Overbilling Government Programs

Former Washington State based Company Failed to return Overpayments

The United States Department of Justice and Emeritus Corporation, dba Emeritus Senior Living, settled claims that Emeritus had failed to refund to the U.S. overpayments for Medicaid services. Under the terms of ... More...
   $979000 (11-27-2016 - WA)

Rickman v. Premera Blue Cross

Ericka Rickman served as director of Ucentris Insured Solutions from August
2004 until her termination in November 2009. Ucentris, a subsidiary ofPremera, is a
general insurance agency that sells a variety of health care insurance plans and risk
management products to individuals and businesses. Two distinct events transpired
relevant to Rickman's termination.
HIPAA Concer... More...
   $0 (09-17-2015 - WA)

Nw. Wholesale, Inc. v. Pac Organic Fruit, LLC

Washington orchardists Harold and Shirley Ostenson (collectively Ostenson) and
California organic fruit broker Greg Holzman (d/b/a Greg Holzman, Inc. (GHI)) formed
Pac Organic Fruit LLC (Pac-0) in 1998. GHI held the majority interest and management
responsibilities under the LLC' s operating agreement. Ostenson was required to rent his
local Washington storage and packing facil... More...
   $0 (09-11-2015 - WA)

League of Women Voters of Wash. v. State of Washington

In November 2012, Washington voters approved I-1240, codified in the Act,
providing for the establishment of up to 40 charter schools within five years. Clerk's
Papers (CP) at 39-78; RCW 28A.710.150(1). The Act was intended to provide parents
with "more options" regarding the schooling of their children. RCW 28A.710.005(1)(f);
see also RCW 28A.710.020(1) (new charter schools ar... More...
   $0 (09-04-2015 - WA)

Filmore, LLLP v. Unit Owners Ass'n of Centre Pointe Condo.

Centre Pointe Condominium is a residential condominium complex in
Bellingham, Washington. The Unit Owners Association of Centre Pointe
Condominium (Centre Pointe) was formed in May 2003 by a declaration of
condominium (Declaration) recorded in Whatcom County.
The Washington Condominium Act (WCA), chapter 64.34 RCW, governs
condominium complexes created after July 1, 1990.... More...
   $0 (09-03-2015 - WA)

Auto. United Trades Org. v. State Of Washington

Washington State taxes fuel. LAWS OF 1921, ch. 173, 2. Not long
after the state began taxing fuel, the people approved the eighteenth amendment
to our constitution. This provision limits the use of motor fuel taxes to
"highway purposes," including "[r]efunds authorized by law for taxes paid on
motor vehicle fuels." WASH. CONST. art. II, 40( d).
Several Indian tribes in... More...
   $0 (08-27-2015 - WA)

Trujillo v. Nw. Tr. Servs., Inc.

In 2006, Trujillo took out a loan for $185,900 from Arboretum Mortgage
Corporation to buy her home. This loan was evidenced by a promissory note secured
by a deed of trust dated March 29, 2006 encumbering the home. CP at 17.2 The
deed of trust was recorded in King County on March 31, 2006. Id.
Arboretum sold this loan to Wells Fargo in 2006. CP at 86. Wells Fargo sold
the ... More...
   $0 (08-20-2015 - WA)

Filo Foods, LLC v. City of SeaTac

The SeaTac Committee for Good Jobs (Committee) is a coalition of
individuals, businesses, neighborhood associations, immigrant groups, civil rights
groups, faith organizations, and labor organizations. In June 2013, the Committee
circulated a petition to city of SeaTac voters that proposed a set of minimum
employment standards for certain hospitality and transportation employer... More...
   $0 (08-20-2015 - WA)

Carey M. Brennan v. Opus Bank

Brennan appeals from the district courts order dismissing
his action in favor of arbitration. Opus Bank cross appeals
from the district courts implicit denial of its motion to seal
Brennans complaint, and the district courts denial of its
motion for reconsideration as moot. We have jurisdiction of
both appeals pursuant to 28 U.S.C. 1291. We affirm the
district courts... More...
   $0 (08-11-2015 - WA)

United States of America v. Stephen Bruce Gordon

Seattle, WA - Prominent Basketball Trainer Sentenced to 4+ Years in Prison for Fraud

Defendant Used Association with High Wealth Individuals to Solicit Investments

A 62-year-old Redmond, Washington man who trained high profile basketball players and at one time worked for the Seattle Supersonics was sentenced today in U.S. District Court in Seattle to 50 months in prison for frau... More...
   $0 (08-02-2015 - WA)

Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC

Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc... More...   $0 (06-04-2015 - WA)

Linda Darkenwald v. State of Washington Employment Security Department

Linda Darkenwald appeals from the Washington Employment
Security Department's (Department) denial of her claim for unemployment benefits.
We must decide whether a desire to work only part time constitutes a good cause
reason for leaving work, thus permitting an individual who leaves work for that reason
to collect unemployment benefits. Darkenwald claims that her employer's request... More...
   $0 (05-21-2015 - WA)

Michael Romney v. Franciscan Medical Group

Washington has a strong public policy favoring arbitration.
Because of that clear policy, an employer-employee arbitration agreement will be
upheld even if certain provisions of the agreement are substantively unconscionable so
long as those provisions are severable.
The arbitration agreement allows plaintiff-employees to seek damages claimed
as well as any attorney fees and co... More...
   $0 (02-17-2015 - WA)

State of Washington v. Zachary Scott Larson a/k/a Zach Larson

Zachary Larson attempted to steal a pair of shoes from a
retail store. The shoes were equipped with a security device that was attached
to the shoes by wire. Yet, Larson, using wire cutters that he had brought into the
store, severed the wire and removed the security device. When Larson tried to
leave the store, he was stopped by security employees and, subsequently, was
charge... More...
   $0 (02-17-2015 - WA)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use ... More...
   $0 (02-10-2015 - WA)

Ana Zavala v. Twin City Foods

The Board ofIndustrial Insurance Appeals closed Ana Zavala's industrial insurance claim, which ruling the Franklin County Superior Court affirmed. Zavala appeals and asks this court to reopen her claim or, in the alternative, to increase her disability rating. The appeal requires discussion ofthe "lit up" doctrine under workers' compensation law. Zavala primarily argues that her testimony and the ... More...   $0 (02-12-2015 - WA)

Crystal Ridge Homeowners Association v. City of Bothell

We must decide whether the city of Bothell assumed
responsibility for maintaining a drainage pipe installed in Crystal Ridge, a residential
subdivision in Snohomish County. Crystal Ridge was developed from two residential
plats that Snohomish County approved in 1987. The area became incorporated into
the city of Bothell (City) in 1992. One of the plats contained a drainage easement... More...
   $0 (02-12-2015 - WA)

Jack M. Garrison v. Sagepoint Financial, Inc.

Mark M. Garrison was a licensed investment advisor and co-owner of a financial advice firm, Acumen Financial Group Inc. In 1999, Mark1 entered into an independent contractor agreement with AIG Financial Advisors Inc. to act as a
registered securities representative (stockbroker). In 2002, Mark's grandparents Jack
and Charlotte Garrison established the Garrison Family LLC. In 2006, Jack and... More...
   $0 (01-15-2015 - WA)

State of Washington v. Odies Delandus Walker

Odies Delandus Walker was convicted as an accomplice to first
degree murder, first degree assault, first degree robbery, solicitation, and
conspiracy. The primary question in this case is whether those convictions must be
reversed in light of the Power Point presentation the prosecuting attorney used
during closing argument. That presentation repeatedly expressed the prosecutor'sMore...
   $0 (01-22-2015 - WA)

Michael Henne v. City of Yakima

The city of Yakima claims the protection of.
statutes that were designed to protect the rights of those who engage in First
Amendment protected communicative activity. U.S. CONST. amend. I. Those
statutes-Washington's "anti -SLAPP" 1 laws-protect speakers against frivolous,
speech-chilling lawsuits. We hold that a governmental entity like Yakima cannot
take advantage of the ant... More...
   $0 (01-22-2015 - WA)

Rosita H. Smith v. JEM Group, Inc.

JEM Group, Inc. (“JEM”) appeals from the district court’s denial of its motion to compel arbitration. The district court held that it had authority to decide whether an arbitration clause contained in an attorney retainer agreement is unconscionable. On the merits, the court held that the clause is unconscionable under Washington law.

We affirm.

I. Background

Rosita Smit... More...
   $0 (12-12-2013 - WA)

Tamara Frizzell v. Barbara Murray

Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u... More...   $0 (12-05-2013 - WA)

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