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COSTANICH v. WASHINGTON STATE DSHS

No. 80874-1.

194 P.3d 988 (2008)

Kathie COSTANICH, Petitioner, v. WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent.

Supreme Court of Washington, En Banc.

Decided October 30, 2008.

Attorney(s) appearing for the Case

Carol Farr, Ruth A. Stacey Moen, Leonard W. Moen & Associates, Renton, WA, Catherine Wright Smith, Valerie A. Villacin, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, for Petitioner.

Michael W. Collins, Attorney General's Office, Seattle, WA, Carol A. Murphy, Attorney General's Office, Olympia, WA, for Respondent.

Sarah A. Dunne, ACLU, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union.

Paul Marvy, Northwest Justice Project, Seattle, WA, Jennifer Elaine Bell, Northwest Justice Project, Tacoma, WA, Amicus Curiae on behalf of Northwest Justice Project.

Lisa Marie Stone, Northwest Women's Law Center, Seattle, WA, Amicus Curiae on behalf of Northwest Women's Law Center.

Kelby Dahmer Fletcher, Peterson Young Putra, Seattle, WA, Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, Sarah C. Schreck, Attorney at Law, Portland, OR, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

David Ruzumna, Carly Cozine Hansen, Law Office of David Ruzumna PLLC, Seattle, WA, for Other Party (Valerie Rogan).

C. JOHNSON, J.

¶ 1 This case asks us to determine whether RCW 4.84.350, which provides a statutory cap on attorney fees, establishes a limit for each level of judicial review of an agency action or on all levels of review combined. Consistent with the purpose of the equal access to justice act (EAJA), RCW 4.84.340,.350, and .360, we hold that the statute provides a cap on attorney fees for each level of judicial review, and reverse the Court of Appeals.

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