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Klahanie Ass'n v. Sundance at Klahanie Condo. Ass'n

Citations: 415 P.3d 1192; 190 Wash. 2d 1015Docket: No. 95476-3

Court: Washington Supreme Court; May 2, 2018; Washington; State Supreme Court

Narrative Opinion Summary

Department I of the Court, consisting of Chief Justice Fairhurst and Justices Johnson, Owens, Wiggins, and Gordon McCloud, convened on May 1, 2018, to evaluate a motion for review under RAP 13.4(b). The Court unanimously decided to deny the petition for review. Additionally, the Respondent's request for attorney fees was approved, with the Court awarding reasonable attorney fees and expenses as stipulated under RAP 18.1(j). The specific amount will be determined by the Supreme Court Clerk in accordance with RAP 18.1. The Respondent is required to submit an affidavit to the Clerk of the Washington State Supreme Court. The order was signed by Chief Justice Fairhurst.

Legal Issues Addressed

Award of Attorney Fees under RAP 18.1(j)

Application: The Court granted the Respondent's request for attorney fees, ruling that the fees and expenses should be reasonable and determined according to the procedure outlined in RAP 18.1.

Reasoning: The Respondent's request for attorney fees was approved, with the Court awarding reasonable attorney fees and expenses as stipulated under RAP 18.1(j).

Denial of Petition for Review under RAP 13.4(b)

Application: The Court exercised its discretion under RAP 13.4(b) to deny the petition for review, indicating that the criteria for further review by the Court were not met.

Reasoning: The Court unanimously decided to deny the petition for review.

Procedure for Determination of Attorney Fees

Application: The procedure for determining the specific amount of attorney fees requires the Respondent to submit an affidavit, and the determination will be made by the Supreme Court Clerk in accordance with RAP 18.1.

Reasoning: The specific amount will be determined by the Supreme Court Clerk in accordance with RAP 18.1. The Respondent is required to submit an affidavit to the Clerk of the Washington State Supreme Court.