Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf

Citation: Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/877801%20orderandopinion.pdf ↗

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make the sweeping assumption that they could have obtained the same outcome with

two day’s worth of legal assistance. This was improper. Where a trial court does not

develop an adequate record in support of its fee award, remand is required for the trial

court to enter proper findings and conclusions. 15 Peiffer, 6 Wn. App. 2d at 833-34;

Mayer, 102 Wn. App. at 79 (citing Mahler, 135 Wn.2d at 435).

Accordingly, we partially reverse the trial court’s order specific to its

determination of reasonable hours and remand for the trial court to reconsider its

attorney fee award and enter proper findings and conclusions consistent with this

opinion.

Reassignment

We decline plaintiffs’ request for this case to be reassigned to a different trial

court judge on remand. Reassignment is available only in limited circumstances, such

as where the trial judge will exercise discretion on remand regarding the issue that