Division 3 issued two opinions on Friday, neither of which I think will be of much general interest. But I’m still posting them because I am loyal to you, my readers. Feel free to thank me later.
In Rawe v. Bosnar (Division 3, March 29, 2012), the Court of Appeals addressed RCW 18.27.080, which prohibits actions brought by unregistered contractors. The Supreme Court has previously held that if a party does not “timely assert” a defense under RCW 18.27.080, then the defense is waived. The Court of Appeals in Rawe held that this rule of waiver applies with equal force in a small claims matter.
Sloan v. Horizon Credit Union (Division 3, March 29, 2012), deals with RAP 12.8, which provides that when a party satisfies a trial court judgment, and that judgment is later reduced or eliminated on appeal, then the trial court shall enter appropriate orders to restore the paying party to the appropriate position. Seems fair. Anyway, at the trial court, Sloan got his case dismissed and both he and his lawyer were hit with Rule 11 sanctions. The sanction amount was paid pursuant to a complicated multi-party series of payments, indemnities, assignments, releases, and promises among Sloan, his lawyer, and the defendants. Later, the Court of Appeals reversed the imposition of sanctions. But the trial court declined to effect a restitution under RAP 12.8. The Court of Appeals reversed, holding that the trial court’s decision was not supported by substantial evidence. Sloan was entitled to his money back.