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BIGGS v. VAIL

No. 57451-1.

119 Wn.2d 129 (1992)

830 P.2d 350

PATRICK BIGGS, Petitioner, v. DAVID B. VAIL, Respondent.

The Supreme Court of Washington, En Banc.

May 21, 1992.

Attorney(s) appearing for the Case

Paul Lindenmuth and Law Offices of Neil J. Hoff, for petitioner.

Bertha B. Fitzer and William J. Rush, for respondent.

Gary N. Bloom, Bryan P. Harnetiaux, and Daniel E. Huntington on behalf of Washington State Trial Lawyers Association, amicus curiae for petitioner.

Jeffrey I. Tilden and Barbara J. Kramer on behalf of Washington Defense Trial Lawyers, amicus curiae for respondent.

ANDERSEN, J.

FACTS OF CASE

The primary issue in this case is whether attorneys' fees may be awarded pursuant to the frivolous lawsuit statute (RCW 4.84.185) when some, but not all, of the claims for relief1 in a pleading are frivolous. We construe the statute to require a finding that the action, in its entirety, is frivolous, before fees may be awarded under the statute.

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