Shurtliff v. Northwest Pools, Inc.

FULLER, Judge Pro Tern.,

concurring in part and dissenting in part.

I concur in all parts of the foregoing opinion, except parts IV and V and that part of VI restating the conclusions reached in those parts.

In my view, the magistrate abused his discretion when he failed to apportion the attorney fees, and when the magistrate considered the parties’ pretrial negotiations as a factor in awarding attorney fees. The magistrate’s award permits Northwest to recover all of its fees for defending both the contract claim and the Consumer Protection Act claim, even though Northwest did not prevail on…