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MATTINGLY v. PALMER RIDGE HOMES LLC

No. 38981-9-II.

238 P.3d 505 (2010)

Steven and Deborah MATTINGLY, husband and wife, Appellants, v. PALMER RIDGE HOMES LLC, a Washington limited liability company; Contractors Bonding and Insurance Company, Bond Account Number SG0213, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 2.

August 5, 2010.

Attorney(s) appearing for the Case

Shane Lytle Yelish, Reed Longyear Malnati & Ahrens, Seattle, WA, for Appellants.

Thomas F. Gallagher, Law Offices of Watson & Gallagher PS, Tacoma, WA, Betsy A. Gillaspy, Salmi & Gillaspy PLLC, Kirkland, WA, Timothy John Repass, Lee Smart, P.S., Inc., Seattle, WA, for Respondents.

VAN DEREN, J.

¶ 1 Steven and Deborah Mattingly appeal the trial court's order granting summary judgment to Palmer Ridge Homes based on limitations contained with in a construction contract and a third party home warranty that Palmer Ridge supplied to the Mattinglys. The Mattinglys argue that (1) Palmer Ridge's failure to supply the booklet outlining the terms of the warranty demonstrates procedural unconscionability, (2) consideration did not support the limitations...

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