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ELLER v. EAST SPRAGUE MOTORS & R.V.'S, INC.

No. 28659-2-III.

244 P.3d 447 (2010)

Gale ELLER and Hollie Eller, husband and wife and the community property/debts comprised thereof, Respondents and Cross-Appellants, v. EAST SPRAGUE MOTORS & R.V.'S, INC., a Washington corporation d/b/a Executive Auto and Truck Sales together with its successor; Travelers Casualty & Surety Co. of America; Kenneth L. Knapp; William G. McEwen; John R. Kapelac; and Jane Does I-X, unknown persons and/or entities, Defendants, B.L. DeWitt, Appellant.

Court of Appeals of Washington, Division 3.

December 28, 2010.

Attorney(s) appearing for the Case

Brian Scott Sheldon , Attorney at Law, Jerry P. Scharosch , Evans, Craven & Lackie, P.S., Spokane, WA, for Appellant/Cross-Respondents.

Roderick Cyr Bond , Campbell & Bissell, PLLC, Spokane, WA, for Respondents/Cross-Appellants.

SIDDOWAY, J.

¶ 1 Whether a trial court awards attorney fees as a sanction for a frivolous action is a matter entrusted to its discretion. In this case, the trial court entered findings that would tend to support an award of fees to defendant B.L. DeWitt under CR 11 and RCW 4.84.185 but nonetheless declined to award them, on a record that suggests the applicable legal standards were not applied and where an award under RCW 4.84.185 was complicated by the presence...

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