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

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

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The only specific reference to the record the trial court made in its order is to plaintiffs’
summary judgment motion, where plaintiffs stated that they “initially brought this case as a
putative class action so that they could conduct discovery and, hopefully, return unlawfully-
retained deposits to other former tenants. While – as expected – TAG [Realty] does
systematically invoke its illegal deposit forfeiture provisions against other tenants, discovery
responses suggest that TAG [Realty]’s business scale is likely not large enough to meet the
numerosity requirements of CR 23.”
15
For example, the trial court may prepare a table “that lists, for each attorney, the hours
reasonably performed for particular tasks and the rate charged, which may vary with the type of
work.” Berryman, 177 Wn. App. at 664 (citing Bowers, 100 Wn.2d at 597-98).
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
87780-1-I/26

triggered the appeal and has apparently prejudged the issue. State v. Solis-Diaz, 187

Wn.2d 535, 540, 387 P.3d 703 (2017). Plaintiffs do not argue that the trial court judge

harbored bias against them. Further, a trial court’s legal errors do not warrant

reassignment and “even where a trial judge has expressed a strong opinion as to the

matter appealed, reassignment is generally not available as an appellate remedy if the

appellate court’s decision effectively limits the trial court’s discretion on remand.” State

v. McEnroe, 181 Wn.2d 375, 387-88, 333 P.3d 402 (2014). 16

Attorney Fees on Appeal

Plaintiffs request attorney fees on appeal under RAP 18.1 and RCW

59.18.280(2). RAP 18.1 allows the award of attorney fees on appeal if authorized by

applicable law. RCW 59.18.280(2) provides in relevant part, “In any action brought by