Legal Opinion
Kaintz v. PLG, Inc.
Court of Appeals of Washington
Decided December 15, 2008No. 61333-2-IPublishedCited by 31 opinions
1Opinion of the CourtDwyer, J.
¶1 Mutuality of remedy is an equitable principle, recognized in the case law of Washington, that can support the award of attorney fees to the prevailing party in an action brought on a contract. Today we explicitly hold that this equitable principle can support such an award even in circumstances in which the party that prevailed did so by establishing that the contract at issue was unenforceable or inapplicable. Accordingly, we affirm the trial court’s order awarding attorney fees herein.
I
¶2 Timothy and Kerri Kaintz and Kelmark, LLC, are the respective owners of two separate parcels of…
2Cases cited13 opinions
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- Labriola v. Pollard Group, Inc.Washington Supreme Court · 2004
- Labriola v. Pollard Group, Inc.Washington Supreme Court · 2004
- Tradewell Group, Inc. v. MavisCourt of Appeals of Washington · 1993
- Fisher Properties, Inc. v. Arden-Mayfair, Inc.Washington Supreme Court · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cornish College of the Arts v. 1000 Virginia Ltd. PartnershipCourt of Appeals of Washington · 2010
- Washington State Communication Access Project v. Regal Cinemas, Inc.Court of Appeals of Washington · 2013
- Public Utility District No. 2 v. Comcast of Washington IV, Inc.Court of Appeals of Washington · 2014
- Renfro v. KaurCourt of Appeals of Washington · 2010
- Excelsior Mortgage Equity Fund II, LLC v. SchroederCourt of Appeals of Washington · 2012
26 more not listed; retrieve them via the Exa API.