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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the tenant to recover the [security] deposit, the prevailing party shall additionally be

entitled to the cost of suit or arbitration including a reasonable attorneys’ fee.” Because

no set of considerations could conceivably justify the award the trial court entered,

plaintiffs are the prevailing party in this court and we award them their fees on appeal

under RCW 59.18.280(2). A commissioner of this court shall determine the amount of

the award. We note that this court is not bound by the trial court’s determination of

reasonable rates.

We affirm in part, reverse in part, and remand for reconsideration of attorney fees

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We also decline plaintiffs’ request for a commissioner of this court to a determine
attorney fees based on proceedings below. Plaintiffs do not provide explanation as to why a
commissioner’s review of this case is warranted, and the single case they cite is inapposite. See
Elliott Bay Adjustment Co., Inc. v. Dacumos, 200 Wn. App. 208, 219, 401 P.3d 473 (2017)
(reversing the superior court’s order and remanding to the district court for a reasonable
attorney fee award).
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
87780-1-I/27

incurred below consistent with this opinion. 17

WE CONCUR: