HeadsUp For Washington State - Oct. 7 Opinions

HeadsUp For Washington State - Oct. 7 Opinions

Monday, October 7, 2013 

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Division One of the Court of Appeals filed 1 new published opinion and announced the publication of 1 additional opinion on Monday, October 7, 2013: 

1. Gautam v. Hicks

No. 69406-5

(filed October 7, 2013)

2013 Wash. App. LEXIS 2402 

Areas:   COURTS


  Brief: Following mandatory arbitration, the plaintiffs—a husband with a claim for personal injuries and a wife with a claim for loss of consortium—offered to settle both claims for $32,000, a total amount not delineated by claim. The jury in a trial de novo awarded $30,000 to the husband and nothing to the wife. Because the defendant improved his position relative to the offer, he should not have been ordered to pay the husband's attorney fees. 

2. Rucker v. Novastar Mortg., Inc.

No. 67770-5

(filed August 5, 2013; ordered published October 2, 2013)

2013 Wash. App. LEXIS 1796 


Brief: Because there are genuine issues of material fact regarding the putative trustee’s authority to conduct a valid trustee's sale, the Court of Appeals reverses the summary judgment dismissing the borrower’s claims under the Washington deeds of trust act, chapter 61.24 RCW, and remands for further proceedings. 


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