No. 39271-6-III
Heston v. Christensen
PROCEDURE
Ms. Heston filed a complaint against Mr. Christensen that alleged source of
income discrimination. She then filed an amended complaint. Later, the superior court
granted Ms. Heston leave to file a second amended complaint. In her second amended
complaint, Ms. Heston alleged source of income discrimination in violation of
RCW 59.18.255 (count 1), charges and late fees in violation of RCW 59.18.625
(counts 2-9), wrongful retention of her security deposit in violation of RCW 59.18.280
(count 10), requested a permanent injunction (count 11), and sought declaratory judgment
(count 12). Ms. Heston moved for summary judgment on counts 1 through 10 and
moved for voluntary dismissal of counts 11 and 12.
On September 26, 2022, the trial court dismissed counts 11 and 12 pursuant to
CR 41(a)(1)(B) and entered judgment in favor of Ms. Heston on counts 1 through 10.
The trial court awarded Ms. Heston attorney fees pursuant to RCW 59.18.255, .280,
and .625. Based on Mr. Christensen engaging in source of income discrimination under
RCW 59.18.255(4), the trial court awarded Ms. Heston four and one-half times her
monthly rental amount on count 1. Under RCW 59.18.625(4), the trial court awarded
Ms. Heston two and one-half times her monthly rental amount on counts 2 through 9.
The trial court ordered Mr. Christensen return Ms. Heston’s security deposit and imposed
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No. 39271-6-III
Heston v. Christensen
a penalty of two times the amount of the security deposit pursuant to RCW 59.18.280(2).
The trial court’s judgment totaled $16,377.50. Mr. Christensen timely appeals.
ANALYSIS