EHSANI v. McCULLOUGH FAMILY PARTNERSHIP

No. 78353-5.

159 P.3d 407 (2007)

Sayed Zia EHSANI, a single man, and Guitty Zamani, a single woman, Plaintiffs/Respondents, v. The McCULLOUGH FAMILY PARTNERSHIP, a Washington partnership; David E. McCullough and Chong R. McCullough, husband and wife and the marital community comprised thereof; Edward F. McCullough; and The McCullough Group, Inc., a Washington corporation, Defendants, and David D. Cullen, an individual, Petitioner.

Supreme Court of Washington, En Banc.

June 7, 2007.


Attorney(s) appearing for the Case

Christopher Ian Brain, Tousley Brain Stephens PLLC, Allyson Janay Ferguson, Ferguson Sell PLLC, Seattle, WA, for Petitioner.

Sayed Zia Ehsani, West Hills, CA (Appearing Pro Se).

Helmut Kah, Attorney at Law, Woodinville, WA, for Plaintiffs/Respondents.

David Donald Swartling, Attorney at Law, Kasey D. Huebner, Mills Meyers Swartling, Seattle, WA, Stanley Brooke Taylor, Attorney at Law, Port Angeles, WA, for Amicus Curiae on behalf of Washington State Bar Association.


J.M. JOHNSON, J.

¶ 1 Under RAP 12.8, a trial court judgment debtor who has satisfied the judgment against him may be entitled to restitution following a successful appeal. However, such restitution is warranted only in "appropriate circumstances."1 In accordance with the common law of restitution, as set forth in the Restatement of Restitution § 74 (1937), such circumstances do not include restitution from nonparties to...

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