Legal Opinion

Council House, Inc. v. Hawk

Court of Appeals of Washington

Decided December 11, 2006No. 57205-9-IPublishedCited by 16 opinions

1Opinion of the Court

¶1 The unlawful detainer statute allows the court to award attorney fees to the prevailing party. Here, the tenant prevailed but the court denied fees. Because the arguments for denying fees were legally untenable, we reverse and remand.

Ellington, J.

BACKGROUND

¶2 Jeanne Hawk has lived at Council House, a living facility for seniors, since 2003. In June 2005, Council House filed a complaint for unlawful detainer, alleging that Hawk violated her lease by disturbing her neighbors and acting rudely. Hawk obtained representation by pro bono attorneys and asserted defenses including First Amendment…

2Cases cited21 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. State v. BrownWashington Supreme Court · 1997
  4. Blair v. Washington State UniversityWashington Supreme Court · 1987
  5. National Electrical Contractors Ass'n v. RivelandWashington Supreme Court · 1999

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3Cited by16 opinions

  1. Hulbert Revoc. Living Trust v. Port EverettCourt of Appeals of Washington · 2011
  2. Hulbert v. Port of EverettCourt of Appeals of Washington · 2011
  3. Cruz v. AyromlooCalifornia Court of Appeal · 2007
  4. HOUSING AUTHOR. OF CITY OF EVERETT v. KirbyCourt of Appeals of Washington · 2010
  5. 4105 1st Avenue South Investments, LLC v. Green Depot WA Pacific Coast, LLCCourt of Appeals of Washington · 2014

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