HeadsUp for Washington State: Court Opinions From Thursday, February 20, 2014

HeadsUp for Washington State: Court Opinions From Thursday, February 20, 2014

Thursday, February 20, 2014 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.


Division Two of the Court of Appeals filed 3 new published opinions and Division Three filed 2 new published opinions on Thursday, February 20, 2014:

Division Two:

1. Kelley v. Pierce County
No. 43983-2
(February 20, 2014)
2014 Wash. App. LEXIS 402 (lexis.com)

2014 Wash. App. LEXIS 402 (Lexis Advance)

Areas: DOMESTIC RELATIONS AND FAMILY LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PERSONAL INJURY AND INSURANCE LAW

Brief: Quasi-judicial immunity does not apply to the guardian ad litem (GAL) appointed in a parental termination action with respect to allegations that he used his authority, tasks, tools, and premises of his job and assignment to stalk, prey, assault, batter, and sexually harass the parent.

2. In re Tr.'s Sale of Real Prop. of Ball / Estate of Ball v. J.P. Morgan Chase Bank, N.A.
No. 43194-7 
(February 20, 2014)
2014 Wash. App. LEXIS 426 (lexis.com)

2014 Wash. App. LEXIS 426 (Lexis Advance)

Areas: BUSINESS AND COMMERCIAL LAW; PROPERTY AND LAND USE LAW

Brief: The Court of Appeals affirms the trial court's summary dismissal of the estate's claim that the merger doctrine should preclude a junior lienholder from receiving excess funds from a trustee sale when the same entity also was the senior lienholder and was the successful bidder at the sale, because the merger doctrine is inapplicable to this case and RCW 61.24.080(3) governs this situation.

3. In re Marriage of Swaka
No. 42758-3
(February 20, 2014)
2014 Wash. App. LEXIS 427 (lexis.com)

2014 Wash. App. LEXIS 427 (Lexis Advance)

Areas: COURTS; DOMESTIC RELATIONS AND FAMILY LAW

Brief: At the relocation trial, the trial court did not abuse its discretion in allowing the mother to remotely testify from Spain via Skype under CR 43(a)(1).

Division Three:

1. State v. Creed
No. 30893-6
(February 20, 2014)
2014 Wash. App. LEXIS 388 (lexis.com)

2014 Wash. App. LEXIS 388 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: For purposes of the validity of a Terry stop, an officer cannot reasonably believe that a car bears stolen license plates based on a Washington Crime Information Center report addressing an unrelated license plate number.

2. State v. Cobarruvias
No. 30665-8
(February 20, 2014)
2014 Wash. App. LEXIS 387 (lexis.com)

2014 Wash. App. LEXIS 387 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: Defendant failed to appear for the final day of his trial after accompanying his son to the hospital. The trial court erred in denying his motion for a new trial. 

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