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ALLIANCEONE RECEIVABLES MANAGEMENT v. LEWIS

No. 87445-0.

325 P.3d 904 (2014)

180 Wn.2d 389

ALLIANCEONE RECEIVABLES MANAGEMENT, INC, Respondent, v. William Carl LEWIS, Jr., and Jane Doe, and Marital Community, Appellants.

Supreme Court of Washington, En Banc.

May 8, 2014.

Attorney(s) appearing for the Case

Michael David Kinkley , Michael D. Kinkley PS, Lara A. Wilcox , Kirkpatrick & Startzel, P.S., Kirk David Miller , Kirk D. Miller, P.S., Spokane, WA, for Appellant.

K.C. Hawthorne , Kevin Underwood, Alliance One Inc, Gig Harbor, WA, Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Seattle, WA, for Respondent.

FAIRHURST, J.

¶ 1 AllianceOne Receivables Management Inc. instituted a collections action against William Carl Lewis Jr. and then voluntarily dismissed it. Lewis claims that he is entitled to attorney fees as the "prevailing party" under RCW 4.84.250 and .270 since under RCW 4.84.270 a defendant is a prevailing party when the plaintiff "recovers nothing." The district court denied Lewis' fee request, holding that there is no prevailing party for the purposes...

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