Selected Prior Washington Appellate Cases
Court of Appeals and Supreme Court

  • State v. Flora, 68 Wash. App. 802 (Court of Appeals 1992): conversation between police and arrestee is not private and may be recorded by either party. -
  • State v. S.S., 67 Wash. App. 800 (Court of Appeals 1992): court affirms trial court’s imposition of a “manifest injustice” sentence in juvenile prosecution.
  • State v. Olson, 74 Wash. App. 126 (Court of Appeals 1994): establishing baseline standard for reciting police credentials in search warrant application; affirming sufficient probable cause from detection of odor of marijuana.
  • State v. Olson, 126 Wn.2d 315 (Supreme Court 1995): reviewing the proper method for perfecting an appeal from the superior court when a case is dismissed by suppression of the evidence.
  • State v. Jimenez, 128 Wn.2d 720 (Supreme Court 1996): court allows admission of evidence gathered with court authorized wire intercept though intercept application was flawed, when officer make good faith attempt to complete authorization form/application.
  • State v. Anaya, 95 Wash. App. 751 (Court of Appeals 1999): Court rules that pretrial domestic violence no-contact order becomes invalid with dismissal of case, notwithstanding terms of order stating otherwise.
  • State v. Williams, 97 Wn.App. 257 (Court of Appeals 1999): district court probation officers do not practice law; judge can ratify probation conditions after established independently by probation officer; court can impose reasonable affirmative crime related conditions in misdemeanor setting.
  • State v. Frank, 112 Wn.App. 515 (Court of Appeals 2002): affirming arraignment procedures of Whatcom County District Court against due process challenge; affirming DUI conviction for offender who failed to appear at arraignment and was on warrant status for over three years.
  • Smith v. Whatcom County Dist. Court, 147 Wash. 2d 98 (Supreme Court 2002): a court must conduct some form of indigency review before issuing an order requiring an offender to “pay or stay” for nonpayment of fines.
  • State v. Justesen, 121 Wn. App. 83 (Court of Appeals 2004): court disallows use of polygraph in custodial interference prosecution to illustrate unreasonableness of belief in claim of child abuse.
  • State v. Wilbur-Bobb, 134 Wash. App. 627 (Court of Appeals): affirming conviction for vehicular homicide; trial court properly admitted evidence of blood alcohol, including use of retrograde extrapolation, so-called “backing up” BAC from test result outside two hours.
  • Linth v. Gay, 190 Wash. App. 331 (Court of Appeals 2015): an attorney drafting estate planning documents has no duty to estate beneficiaries, even if the attorney drafts defective documents which deprive the beneficiary of a share of the subject estate, and regardless of whether such effective drafting triggers estate litigation; attorney has no duty to withdraw from case following the initiation of such post-death litigation.
  • Aiken, St. Louis & Siljeg, PS v. Linth, 195 Wn. App. 10 (Court of Appeals 2016): an attorney lien for services performed for a trust beneficiary does not attach to the trust corpus.

Appellate cases currently pending

  • Welch v. Boardman, Div. I: whether service of process has been sufficiently made on a municipal entity in a defective road design action
  • Bosone v. Bosone, Div. I: whether court properly dismissed vulnerable adult protection petition and whether court properly awarded attorney fees to following dismissal.
  • Franulovich v. Spahi, Div. I: whether court properly awarded summary judgment to estate on claim for collection of unpaid judgment from dissolution decree.

Selected prior litigation

  • State v. Powers, Skagit County, c. 2004: successful prosecution for second degree felony murder based on felony of forgery in missing person case.
  • State v. Irby, Skagit County, c. 2004-2007: successful prosecution for Aggravated First Degree Murder (case later reversed b/c of anomalous jury selection issue; retried 2x with subsequent convictions)
  • State v. Dean & Mullen, Skagit County, c. 2003-2005: successful prosecution of complex theft and embezzlement case involving bookkeeper and general manager of car dealership; 1.5 month trial resulting in convictions for Theft, Criminal Conspiracy, and Criminal Profiteering; established amount of loss at $1.3 million; successful imposition of exceptional sentences for both defendants.
  • State v. Ausilio, San Juan County, c. 2007-2008: prosecution of vehicular homicide and assault as Special Deputy Prosecuting Attorney.
  • Thorson v. Compass Health, Skagit County, 2007: secured personal injury settlement for client suffering injuries from attack by co-resident in defendant’s mental health facility.
  • Ballhorn v. Wright, Skagit County, c. 2007: defense of defendant in MVA with catastrophic injuries to plaintiff; secured policy limits settlement with complete release for client and family, including parents.
  • Janicki Industries v. Comm. Aircraft Interiors, Skagit County, c. 2007-2009: successfully recovered, through unjust enrichment claim, est. $20K in utility bills unknowingly paid for benefit of defendant.
  • Follman v. Lee, Skagit County, c. 2007-2014: financial recovery of approximately $35K for business from former bookkeeper for negligence in failing to prepare and remit federal payroll taxes and concealing same for prolonged time.
  • Client X v. National Bank B, Skagit County, c. 2008: national bank negligently opened business bank account and related business credit card allowing employee theft; recovery of funds illicitly deposited from bank under overlapping negligence, contract and UCC standards.
  • Wilbur v. Rockafellow, Skagit County, c. 2008: recovery for personal injuries suffered from leg burn and resulting scar from contact with exterior muffler of sports car.
  • Dep’t Revenue v. First Baptist Church of Mount Vernon and Cascade Christian Center, Skagit County, c. 2008-2009: defense of collection action against church entities for failure to collect and pay sales tax following church merger; negotiated settlement.
  • Client X v. National Bank A, Skagit County, c. 2009: national bank dishonored cashier’s check; recovery of check and 4X face value as consequential damages under UCC as part of confidential settlement.
  • ET Inc. v. Defendant X, Skagit County, c. 2009: settlement of accounting malpractice claim with payment to client for full amount of loss, est. $42K.
  • Commercial Bank C v. Client X LLC, Skagit County, c. 2010: defense of receivership/collection action for alleged $1 million delinquency, including repurchase of business through receivership from related entity; negotiation and settlement of underlying personal guaranties at 10% (approximate) of face value.
  • Hill v. Drews, Skagit County, c. 2010: secured settlement for dog bite.
  • Whatcom County Humane Society v. Spink, Whatcom County, c. 2010: defense/response to interpleader complaint concerning seizure of multiple horses by humane society.
  • Ram Construction v. Cress, Whatcom County, c. 2010-2011: defense of negligence claim concerning accidental damage from falling tree to construction equipment; resolved by settlement after defeat of plaintiff’s motion for summary judgment.
  • Verkamp et al. v. Tanning Company X: Skagit/Island County, c. 2010: confidential recovery for multiple plaintiffs for injuries suffered from overexposure/burning from defective tanning bed.
  • State v. Gatmaytan, Whatcom County, c. 2010-2011: defense of First Degree Theft charges for embezzlement by bookkeeper; negotiated agreed plea disposition including agreed restitution.
  • Industrial Resources v. Professional Employment Organization X, Skagit/Whatcom Counties, c. 2011-2017: seized and secured court order recovering illicitly collected funds, est $55K, from Bellingham PEO.
  • DiLeo v. Craig, Skagit County, c. 2011: secured settlement for dog bite.
    State v. K, Skagit/Whatcom County, c. 2012-2014: defense of attorney in Theft prosecution for unlawful taking of fiduciary funds.
  • Jaffrie v. Defendant X, Skagit/Island County, c. 2012: recovered settlement from employer for unlawful discharge based on gender discrimination.
  • State v. Defendant X: Board of Accountancy, Dep’t Fin. Institutions, c. 2012-13: negotiated settlement/consent order with DFI re commingled IRS 1031 funds; consent order with BOA resuspension CPA license; later dismissal of criminal prosecution based on same.
  • W. v. S, San Juan County, c. 2013-2014: negotiated settlement in committed intimate partner division of property.
  • Pizzuto v. Hetherington, Island County, c. 2013-2017: secure judgment for plaintiff following bench trial of est. $75K for fraudulent nondisclosures during sale of real estate.
  • Hash v. Skagit County, Skagit County, 2013: negotiated severance for outgoing public works director based on employment related claims.
  • Korvin v. Hassler, Skagit County, c. 2014: secured settlement for premises liability; client fractured leg when foot caught in hidden industrial rebar on rental property.
  • Buckenmeyer v. Nooksack School District, Whatcom County, c. 2014-2015: secured settlement for client injured in high speed rear end collision with school bus on Highway 542.
  • City Sedro Woolley v. Estate of Peters, Skagit County, c. 2014-2015: defense of nuisance/forfeiture action related to alleged drug house; secured agreed settlement of same with city on behalf of estate.
  • Island County & Island Beach Access v. Greenbank Beach Property Owners, Island/Skagit County, c. 2014-17: represented group of lot owners within Greenbank Beach plat concerning access to dedicated waterfront easement; suit by Island County to repudiate easement for general benefit of county; resolved by settlement/compromise following defeat of Island County/IBA summary judgment motions on same.
  • In re Accountant X, Skagit County, c. 2014-2015: negotiated settlement/consent order with Board of Accountancy concerning surrender/suspension of accounting license following IRS capital gain issue of over-reporting adjusted basis; coordinated same with concurrent federal criminal prosecution.
  • Dwire v. Stevenson, Skagit County, c. 2015: revocation of POA in name of defendant; secured $30K judgment for breach of fiduciary duties.
  • Berry v. Estate of Daniels, Whatcom County, c. 2015-2017: prosecution and settlement of claims of close friend/confidante/caretaker of deceased.
  • Shin v. Bitybaby LLC, no court, c. 2015-16: secured recovery of est. $20K for Vietnamese company for unpaid invoice for Asian manufacturing of handbags/apparel by Colorado/Vermont company.
  • Best v. Freeland, Skagit County, c. 2016: recovered policy limits on slip and fall with leg fracture at VRBO home with non code-compliant walkways.
  • In re Estate of Bolster, Whatcom County, c. 2016: represented trust beneficiaries in breach of fiduciary duty proceedings before existing trustees; resignation of one trustee following court ordered accounting.
  • Bosone v. Bosone, San Juan/Skagit County, c. 2016-17: secured two dismissals of allegations of financial and general abuse against fiduciary in overlapping vulnerable adult protective order petitions.
  • Fairhaven Legal v. Hitz, Whatcom County, c. 2017: recovery of unpaid legal fees of est. $30K from defense of property action in Whatcom County.
  • City of Seattle v. Kershner, Skagit County, c. 2017: secured timber trespass judgment against defendant for illicit harvest of old growth timber in eastern Skagit County.

Selected current litigation

  • Reyes Estate v. Loomis, Skagit and Whatcom County: Wrongful death claim of estate and family for hit and run fatality on I5 on ramp November 23, 2018.
  • Lincoln National Life Ins. v. Ridgway, Western District Washington: interpleader/bad faith action for recovery of $243K life insurance proceeds payable to client; recent summary judgment opinion (Feb. 2018) orders life insurance company to pay funds to registry of court for benefit of client; counterclaim for wrongful nonpayment/bad faith against insurance company pending.
  • State v. Horne, Skagit County: defense of charge of Assault in 1 st Degree with defenses of mensrea/necessity/domestic abuse-battery.