Monday Morning Mash-up: June 5, 2012

Fine, it’s Tuesday. Lay off me!

What a light week for the Courts of Appeals. All the Judges must have taken extended Memorial Day vacations. Or maybe they all had huge BBQ dinners and spent the rest of the week napping. I have no idea. But whatever the reasons, we got two Court of Appeals decisions last week. Two! And they were both from Division 1, so nothing from our friends in Division 2 or Division 3. (Of course, I’m now holding my breath for the avalanche this week. Ugh.)

Because we’re light on cases, we’ll be heavy on music this week. Cool? First song of the week is PJ Harvey’s On Battleship Hill.

The official video has some extra introductory spoken word stuff that is weird/interesting, but not part of the song itself. (You can read a bit about the making of the video via NPR here.) Apparently, the song is about the Battle of Chunuk Bair from World War I.

To fill the hole in your heart caused by the lack of Court of Appeals opinions, here’s a bonus song of the week! It’s one of my favorite songs of all time, and it has without a doubt my favorite song name of all time: Dustin Hoffman Scrubs Too Hard and Loses Soap by Of Montreal. The song has nothing to do with Dustin Hoffman. In fact, I have no idea what the song is about. For some reason, every song on the album has something to do with Dustin Hoffman and some sort of controversy with his wife and the family bathtub. Seriously. But it’s great and catchy and short and fun. Enjoy.

And with that, it’s on to last week’s cases, both of them:

Robert S. Moore v. Commercial Aircraft Interiors, LLC (Division 1, May 29, 2012) — on an employer’s ability to threaten suit against its former employees to prevent former employees from taking jobs with competitors.

Greenbank Beach and Boat Club, Inc. v. Dallas K. Bunney (Division 1, May 29, 2012) — on the “prelitigation bad faith” basis for awarding attorneys’ fees.


The [No Specific Day] Mash-up: June 1, 2012

Unfortunately, Ziff Blog is a one-man operation. So when Ziff takes a holiday, Ziff Blog takes a holiday. Memorial Day BBQs, tennis, lunch engagements, tater tots, and the driving range all got in the way of this week’s Monday Morning Mash-up. But have no fear, here it is, just in time to end your week on a high note!

And speaking of notes, here’s the Ziff Blog song of the week:  It’s Breaking Into Cars by The Raveonettes!

None of last week’s Court of Appeals cases has anything to do with breaking into cars, since I only do the civil cases, but they are still interesting. And don’t miss the unofficial song of the week: would-be Judge Foley with his campaign rap (performed by his daughter!) Continue reading

Monday Morning [Afternoon? Evening?] Mash-up: May 21, 2012

Well folks, another week is in the books. And what a week it was! Of course, I’m not talking about the week in the Washington Courts of Appeals; I’m talking about my week: a campaign fundraising event for Bob Ferguson for Attorney General, Tater Tot Tuesday at Zayda Buddy’s Minnesota-themed bar, a flag football victory for the Sasquatch Militia, a concert at the Tractor Tavern, some beers and 4-iron practice at the Interbay Golf Center, a decent showing in my ultimate frisbee league, a great fundraising event for One America (an organization whose mission includes “building power within immigrant communities”), and a wonderful Sunday afternoon enjoying a bloody mary or two back at Zayda Buddy’s followed by dinner at Volterra. Life is good — except, I suppose, for the Heat winning at Indiana last night. Ugh.

But enough of that. You don’t come here (if you come here at all) to hear how a person with no job spends his abundance of free time. You come here for the song of the week. And so, apropos of nothing, here it is. Belispeak by Purity Ring:

And now that you’ve gotten that you of your system, here are last week’s Court of Appeals opinions:

Silveria Lopez-Vasquez v. Department of Labor and Industries (Division 1, May 14, 2012) — on eligibility for victim compensation absent a related conviction for vehicular assault.

Reynold Quedado v. The Boeing Company (Division 1, May 14, 2012) — on the scope of an employer’s obligations pursuant to implied-in-fact and implied-in-law employment contracts.

Carol Sauter v. Houston Casualty Company (Division 1, May 14, 2012) — on whether D&O insurance covers an executive’s personal guaranty on a company obligation.

James R. Herrin v. Ellen O’Hern (Division 1, May 14, 2012) — on adverse possession, the presumption of permissive use, and the evidence necessary to survive that presumption on summary judgment.

Trinity Universal Insurance Co. v. Corrine Cook (Division 3, May 17, 2012) — on a tenant’s status as coinsured under her landlord’s fire insurance policy.

Theresa A. Roberts v. Denise H. Roberts (Division 2, May 15, 2012) — on a trustee’s breach of duty by comingling trust funds and using trust funds for her own benefit, along with the trustee’s fraudulent transfers to protect ill-gotten funds.

City of Puyallup v. Carl R. Hogan (Division 2, May 16, 2012) — on a commercial tenant’s right to a portion of a landlord’s condemnation award.

[Tuesday] Monday [Afternoon] Morning Mash-up: May 15, 2012

Good afternoon! And what an afternoon it is. Between the lovely weather and eleven (11!) published Court of Appeals opinions last week — to say nothing of Supreme Court decisions regarding wireless termination “penalties,” vacating a death sentence, and determining parental rights in wrongful death actions — I’m a bit late with this week’s Monday Morning Mash-up. It was a busy week! But I’ll make it up to you.

In honor of the sunny warm weather, and today’s release of the album, the song of the week is The Only Place by Best Coast. It’s the first single off the new album of the same name. And sure, it’s about California. With the way things have been around here lately, however, it might as well be about Seattle. I mean, just as much as California, “when we get bored we like to sit around, sit around and stare, at the mountains, at the birds, at the ocean, at the trees. We have fun . . . ” Right?


Now, if you’re stuck in some office and can’t get outside and stare at the mountains or the birds or trees or whatever, then why not stare at last week’s Court of Appeals opinions? Continue reading

Monday Morning Mash-up: May 7, 2012

Good morning readers! Glad to be back on schedule this week thanks in small part to my dilligence and in much larger part to the fact that there were only two published civil opinions last week in the Courts of Appeals. Thanks for the break Judges!

I’ve been trying to think of some tie-in for thanking the Judges and this week’s song. But I’ve got nothing. So here it is, unexplained and unlinked, the song of the week: If I Had a Boat by Lyle Lovett.

I really wanted the song of the week to be Fat Babies by Lyle Lovett, but I couldn’t find a good link/video for that one. It was all just videos of actual real-life fat babies totally unrelated to the song. And if you want to see that, well, perhaps you can get in touch with my parents for some old VHS tapes.

Anyway, here’s the fuel for your Monday fire — last week’s Court of Appeals opinions: Continue reading

Monday (or Wednesday) Morning (or Evening) Mash-up: May 2, 2012

Hello all! As I’ve already mentioned in an excuse-laden post, I’m a bit behind here at the blog, which means that you didn’t get a Monday Morning Mash-up earlier this week. But I can adapt! I can do a Monday Morning Mash-up on Wednesday evening! That’s the sort of outside-the-box thinking Ziff Blog is all about.

Before we get to the cases, I’m sure the lack of a Monday Morning Mash-up and the shortage of earlier-in-the-week posts have gotten you depressed. I understand. So this week’s song of the week is going to be a bit depressing. Trust me, it will help you through these hard times. It’s John Henry Split My Heart by Songs: Ohia. It’s awesome.

(I have no idea what that video is about. Horses? Some sort of rodeo? I’m pretty sure it’s not the official video.)

And now, finally, our long national nightmare is over. I give you last week’s Court of Appeals opinions:

Crystal Lotus Enterprises Ltd. v. City of Shoreline (Division 1, February 21, 2012) (published April 23, 2012) — on unlawful takings and attorneys’ fees for frivolous appeals.

Lloyd vs. Allstate Insurance Company (Division 1, February 21, 2012) (published April 23, 2012) — on the valuation of cars for insurance purposes.

Magee v. Rite Aid (Division 1, January 17, 2012) (published April 23, 2012) — on the jurisdiction of the Board of Industrial Insurance Appeals to decide workers’ comp issues.

Wright v. Dave Johnson Insurance Inc. (Division 2, February 22, 2012) (published April 25, 2012) — on the interpretation of contracts in light of contemporaneous oral agreements and the purposes and intents of the contracting parties.

Coballes v. Spokane County (Division 3, April 26, 2012) — on the various methods of seeking appellate review of a board/administrative decisions in the superior courts.

Morello v. Vonda (Division 2, April 24, 2012) — on the service requirements of former Mandatory Arbitration Rule 7.1.

See all those previously unpublished opinions that were published this week? Here are the parties who won those appeals and who successfully moved to get the opinions published: Dave Johnson Insurance, Department of Labor, All State Insurance, City of Shoreline. Seems like it’s always the institutional/corporate entities that get their favorable opinions published. I wrote about that phenomenon, and how it might be affecting the law in Washington, earlier this week.

Monday Morning Mash-up: April 23, 2012

I think I may have to just change the name of this feature to Monday Afternoon Mash-up. Or I need to stop staying up so late on Sunday nights. But what am I supposed to do when TNT is showing the Dark Knight and Watchmen back-to-back? What am I supposed to do!?!?

Anyway… it’s a good Monday for music because Fiona Apple has released the first song off her forthcoming album The Idler Wheel. It’s been seven years since her last album and goodness, that’s a long time. Thanks to Pitchfork for the link:

Every Single Night

If, for some reason, that doesn’t work, then just click here for the new song. And while you’re clicking things, how about going over to Facebook and hitting “Like” on the Ziff Blog Facebook page. All the cool kids are doing it! (All eleven of them, that is.)

I know, I know, you’re wondering when I’m going to get to the Court of Appeals cases from last week. Well, here you go:

Angelo Property Co. v. Maged Hafiz (Division 2, April 17, 2012) — on the limited jurisdiction of superior courts in unlawful detainer actions.

Birnbaum v. Pierce County (Division 1, April 16, 2012) — on the proper timing and procedure for filing claims against state agencies seeking damages based on delays in issuing permits. (Wow, that may be the least interesting summary ever.)

Washington State Department of Transportation v. Marine Employees Commission (Division 2, April 18, 2012) — on the authority of an arbitrator to award attorneys’ fees in a labor dispute where the parties collective bargaining agreement specifically states each party should pay its own fees.

It was a light week at the Court of Appeals on the civil side of the docket. But there were interesting happenings in the superior court and the Supreme Court. So if you missed it, you should check out my write-up of KOMO News’s public records litigation against the Seattle Police Department regarding dash-cam videos and the Supreme Court’s view that plaintiffs should be able to sit on their hands for five years without fearing a dismissal for failure to prosecute.