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AMY v. KMART OF WASHINGTON LLC

Nos. 62312-5-I, 62511-0-I.

223 P.3d 1247 (2009)

Jada AMY, individually and as Guardian ad litem for and on behalf of I.O.A., a minor, D.M.A., a minor, and V.M.G., a minor, Respondent, v. KMART OF WASHINGTON LLC, d/b/a Kmart Store #3413, a Washington corporation, Appellant.

Court of Appeals of Washington, Division 1.

December 28, 2009.

Attorney(s) appearing for the Case

Heidi L. Mandt, Schwabe Williamson & Wyatt PC, Portland, OR, Averil Budge Rothrock, Christopher Holm Howard, Schwabe, Williamson & Wyatt, P.C., Seattle, WA, for Appellant.

Darrell L. Cochran, Bryan Daniel Doran, Pfau Cochran Vertetis Kosnoff PLLC, Tacoma, WA, Daniel Troy Logan Fasy, Pfau Cochran Vertetis Kosnoff PLLC, Seattle, WA, for Respondent.

PUBLISHED IN PART

COX, J.

¶ 1 Does a court have authority to hear a motion to compel discovery or a motion for sanctions either in the absence of a CR 26(i) certification or where the certification is allegedly defective? We hold that a court has authority to hear such motions, subject to the exercise of its sound discretion. Because the trial court in this case properly exercised its discretion both to hear the motions and to impose sanctions, we affirm...

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