Legal Opinion

State v. S.H.

Court of Appeals of Washington

Decided September 5, 2000No. Nos. 41635-9-I; 41636-7-IPublishedCited by 17 opinions

1Opinion of the CourtKennedy, J.

— Seattle-King County Public Defender Association (PDA) appeals the juvenile court judge’s order assessing a $50 sanction against it for failing to enter into a diversion agreement “as expeditiously as possible” as required by RCW 13.40.080(1). A trial court has the inherent authority to assess sanctions against attorneys for abusive litigation conduct if it finds bad faith. Although the record here might support such a finding, the trial judge did not make an express finding of bad faith. Accordingly, the basis for the imposition of sanctions is not clear. We remand for entry of express…

2Cases cited15 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.Washington Supreme Court · 1993
  4. Matter of Personal Restraint of LordWashington Supreme Court · 1994
  5. PRIMUS AUTOMOTIVE FINANCIAL SERVICES, INC., Plaintiff-Appellee, v. Rudolph A. BATARSE, Defendant, Jan C. Nielsen, AppellantCourt of Appeals for the Ninth Circuit · 1997

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3Cited by17 opinions

  1. Saldivar v. MomahCourt of Appeals of Washington · 2008
  2. Saldivar v. MomahCourt of Appeals of Washington · 2008
  3. State v. GassmanWashington Supreme Court · 2012
  4. Greenback Beach & Boat Club, Inc. v. BunneyCourt of Appeals of Washington · 2012
  5. Geonerco, Inc. v. Grand Ridge Properties IV, LLCCourt of Appeals of Washington · 2011

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