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KATHRYN LEARNER FAMILY TRUST v. WILSON

No. 31581-9-III.

333 P.3d 552 (2014)

KATHRYN LEARNER FAMILY TRUST, Appellant, v. James Dean WILSON, individually and as administrator of the estate of Elsa Burgett; and John and Jane Does 1-10, Respondent and Cross-Appellants.

Court of Appeals of Washington, Division 3.

September 4, 2014.

Attorney(s) appearing for the Case

Dillon Edward Jackson , Charles Philip Rullman III , Foster Pepper PLLC, Seattle, WA, for Appellant.

George M. Ahrend , Matthew C. Albrecht , Ahrend Albrecht PLLC, Ephrata, WA, for Respondent/Cross-Appellant.

LAWRENCE-BERREY, J.

¶ 1 This case presents an issue of first impression in Washington: Whether a prevailing party in a contract action is entitled to attorney fees when it fails to assert such a right in response to a pleading that requests contractual attorney fees. The lower court concluded that attorney fees are special damages under CR 9(g), and that the failure to plead them prevents their award. We hold that CR 54(c) creates an exception: Where, as here...

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