Collings v. City First Mortgage Services, LLC

¶77 (dissenting) I respectfully disagree with the conclusion that the secret agreement between the *940plaintiffs and one of the codefendants to enter into a covenant not to execute and release did not result in prejudice to defendant City First Mortgage Services LLC that warrants a new trial. The undisclosed agreement distorted the interests and alignment of the parties and created a sham of adversity that is contrary to Washington law, the right to a fair trial, the integrity of the adversary system, candor to the tribunal, and the administration of justice. Consistent with the requirements of…