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LASSEK v. JENBERE

No. 66569-3-I.

279 P.3d 969 (2012)

Christina LASSEK and "John Doe" Lassek, wife and husband, both individual and on behalf of their marital community composed thereof, Appellants, v. Birhane JENBERE, an individual, Respondent.

Court of Appeals of Washington, Division 1.

July 2, 2012.

Attorney(s) appearing for the Case

Pamela A. Okano , Marilee C. Erickson , Reed McClure , Kelsey Marie Russell , Attorney at Law, Seattle, WA, for Appellants.

David Scott Blair , David Alan Nauheim , The Blair Firm Inc. PS, Seattle, WA, for Respondent.

SPEARMAN, A.C.J.

¶ 1 A party making a CR 68 offer of judgment is entitled to define the offer as including attorney fees. Because Birhane Jenbere accepted Christina Lassek's post-arbitration offer of judgment, which expressly indicated it was "inclusive of any and all attorney fees and costs[,]" Jenbere was not entitled to attorney fees and costs under Mandatory Arbitration Rule (MAR) 7.3 and RCW 7.06.060. We therefore reverse the award of fees and costs, and...

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