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CLARK v. BAINES

No. 25879-0-II.

55 P.3d 1180 (2002)

Piety Ann CLARK, Respondent, v. Wayne A. BAINES and "Jane Doe" Baines, husband and wife, Appellants.

Court of Appeals of Washington, Division 2.

October 18, 2002.

Attorney(s) appearing for the Case

Otto Steve Matsch, Tacoma, WA, for Respondent.

Wayne Clark Fricke, Law Offices of Monte E. Hester, Tacoma, WA, for Appellants.

QUINN-BRINTNALL, A.C.J.

Wayne A. Baines appeals the trial court's dismissal of his malicious prosecution counterclaims against Piety Ann Clark. Following Baines' entry of an Alford1 plea to two counts of fourth degree assault with sexual motivation, Clark sued Baines seeking damages for sexual battery and outrage. Because Baines' unchallenged judgment and sentence conclusively establishes probable cause for Clark's lawsuit and precludes...

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