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Joel E. Wright and Alan M. Singer successfully resolved Devine v. Century 21, an action against a real estate broker for fraud, negligent misrepresentation, breach of contract, and violation of the Consumer Protection Act claims. Joel and Alan successfully moved for partial summary judgment on the fraud and CPA claims, and moments after the court granted that motion, handed opposing counsel a second summary judgment motion. Faced with losing the entire case, plaintiff and his counsel agreed to settle for nuisance value, ending more than four years of litigation.

Michael A. Patterson, Duncan K. Fobes, and Daniel G. Lloyd won summary judgment of dismissal in two federal cases, Startzell v. Clallam County and Tolan v. Clallam County. Tolan was a defamation action. Plaintiff alleged that the county clerk published false information in a disposition report that the law required the clerk to send to the State Patrol, even though he was never convicted of a crime. Mike, Duncan, and Dan persuaded the court that the clerk was entitled to a privilege, which shielded her from liability absent knowledge of falsity or reckless disregard of the truth. Because no such evidence existed, and because plaintiff lacked legal or factual support for any of his other claims, the federal court dismissed the action. Startzell involved alleged unreasonable force when sheriff's deputies made an arrest in a domestic-violence case. Plaintiff claimed there was no probable cause to arrest him. Mike and Dan successfully argued that probable cause existed as a matter of law and that plaintiff lacked evidence to support his claim of excessive force. The federal court dismissed the action, and plaintiff decided not to appeal. … Mike Patterson, Charles P.E. Leitch, and Dan Lloyd won a motion for partial judgment on the pleadings in Bakay v. Clallam County. Plaintiffs alleged that county sheriffs wrongfully euthanized more than 65 cats that they had discovered living in unhealthy conditions. Mike, Charles, and Dan persuaded the federal court that Washington law did not allow a pet owner to recover for emotional or consortium damages related to the loss of a pet.

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Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
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