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HeadsUp for Washington State: Court Opinions From Thursday, February 19, 2015

Thursday, February 19, 2015

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The Supreme Court of Washington filed 1 new opinion and Division Three of the Court of Appeals filed 1 new published opinion and ordered 1 additional opinion to be published in part on Thursday, February 19, 2015:

Supreme Court:

In re Welfare of A.W.
No. 90393-0     
(February 19, 2015)
2015 Wash. LEXIS 179 (

2015 Wash. LEXIS 179 (Lexis Advance)


Brief: The preponderance of the evidence standard of proof satisfies due process of law for the appointment of a guardian for a dependent child and for dismissal of the dependency. In this case, the standard of proof was satisfied. 

Court of Appeals:

1. State v. Bergen
No. 31648-3    
(February 19, 2015)
2015 Wash. App. LEXIS 346 (

2015 Wash. App. LEXIS 346 (Lexis Advance)


Brief: The sentencing court exceeded its authority by ordering the drug offender who was granted a drug offender sentencing alternative to remain incarcerated until a space opened in a residential treatment facility.

2. Shepard v. Holmes
No. 31740-4    
(filed December 23, 2014; ordered published in part February 19, 2015)
2014 Wash. App. LEXIS 3026 (

2014 Wash. App. LEXIS 3026 (Lexis Advance)


Brief: The trial court properly concluded that the plaintiff’s causes of action for misrepresentation and related claims arising from her purchase of a parcel of real property that she erroneously thought consisted of four lots that could be re-sold individually were statutorily time barred. The trial court’s denial of the plaintiff’s motion for leave to amend her complaint was affirmed on the basis that she had no viable breach of written contract claim and amendment would have been futile.

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