Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Council House, Inc. v. Hawk, 147 P.3d 1305 (2006)

Citation
Council House, Inc. v. Hawk, 147 P.3d 1305 (2006)
Parent Document
Council House, Inc. v. Hawk, 147 P.3d 1305 (2006)
Jurisdiction
Washington (state)
Effective Date
2006-12-11

Other Sections in This Document (41)

Full Text

583 chars
¶ 14 The analysis in Andersen v. Gold Seal Vineyards, Inc.[17] is apt. There the plaintiff took a voluntary dismissal under CR 41(a)(1)(B). The defendant sought fees under RCW 4.28.185, which awards fees to a defendant who is served personally outside the state and "prevails" in the action. The court reasoned that defendants in such circumstances have already expended time and money preparing the case, and a CR 41 judgment shows that the plaintiff failed to prove his claim.[18] Similarly here, Hawk was required to prepare for trial, and Council House failed to prove its claim.