Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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Way, 195 Wn.2d 742, 752, 466 P.3d 213 (2020). Summary judgment is appropriate

only when there are no genuine disputes of material fact and the moving party is

entitled to judgment as a matter of law. CR 56(c). The court must consider the facts

submitted “in the light most favorable to the nonmoving party and draw all

reasonable inferences in that party’s favor.” Lakey v. Puget Sound Energy, Inc., 176

Wn.2d 909, 922, 296 P.3d 860 (2013). “The motion should be granted only if, from

all the evidence, reasonable persons could reach but one conclusion.” Clements v.

Travelers Indem. Co., 121 Wn.2d 243, 249, 850 P.2d 1298 (1993). 9

7
As discussed infra, we reverse the order granting summary judgment. We therefore do
not reach the denial of reconsideration.
8
Briefs of amici curiae have been filed by the Fair Housing Center of Washington and Fred
T. Korematsu Center for Law and Equality, Northwest Justice Project, and the American Civil
Liberties Union of Washington.
9
The respondents argue as a threshold matter that some of the tenant declarations should
be excluded from consideration as hearsay or double hearsay. See CR 56(e) (affidavits and
declarations in support of summary judgment must set forth facts as would be admissible in
evidence); ER 802. However, out-of-court statements may be admissible if they satisfy a hearsay
exception or if offered for a purpose other than the truth of the matter asserted. ER 803(a); ER
15
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

I. Attorney General Authority under RCW 43.10.030(1)

The primary issue before us is whether the attorney general is authorized to

bring this case at all. The scope of the attorney general’s authority involves