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WACHOVIA SBA LENDING, INC. v. KRAFT

No. 80318-8.

200 P.3d 683 (2009)

WACHOVIA SBA LENDING, INC., d/b/a Wachovia Small Business Capital, a Washington corporation, Respondent, v. Deanna D. KRAFT, individually, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 15, 2009.

Attorney(s) appearing for the Case

Douglas N. Kiger, Blado Kiger PS, Tacoma, WA, for Petitioner.

Alexander Sether Kleinberg, Eisenhower & Carlson PLLC, Tacoma, WA, for Respondent.

Harold T. Hartinger, Attorney at Law, Tacoma, WA, Amicus Curiae on behalf of Harold T. Hartinger.

STEPHENS, J.

¶ 1 Deanna Kraft and Wachovia SBA Lending, Inc., doing business as Wachovia Small Business Capital (Wachovia), became embroiled in a dispute about whether Kraft owed Wachovia payment in connection with a loan. After moving unsuccessfully for summary judgment, Wachovia voluntarily dismissed its suit against Kraft without prejudice under CR 41. Kraft asked for attorney fees and costs, which the trial court denied. We must consider whether, in light...

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