Tag: Appellate Decisions Oct 15-19 2012

Appellate Update: Excelsior Mortgage Equity Fund II, llc v. Schroeder [Wash. App. No. 30333-1-III]

Steven Schroeder formerly owned a 200-acre ranch in Stevens County. When he defaulted on the loan, Excelsior Mortgage filed an action to judicially foreclose its deed of trust and, eventually, negotiated to foreclose nonjudicially. The nonjudicial foreclosure process culminated in a trustee’s sale at which Excelsior purchased the property. Following the purchase, Schroeder did not … Continue Reading

Appellate Update: Annechino v. Worthy, et al. [Wash. No. 86220-6 (en banc)]

Michael and Theresa Annechino had a long-standing banking relationship with the Bank of Clark County. Before the events at issue, the Annechino had an approximately $1,150,000 balance at the Bank. Additionally, Mr. Annechino was an investor with the Bank. Shortly after the Federal Deposit Insurance Corporation (“FDIC”) increased its coverage for deposit accounts, the Annechinos’ … Continue Reading

Appellate Update: Ralph v. Dep’t of Natural Resources [Wash. App. Nos. 67515-0-I, 67704-7-I]

Pursuant to RCW 4.12.010(1), an action for injuries to real property “shall be commenced in the county in which the subject of the action or some part thereof, is situated.” William Ralph and William Forth instituted actions in King County Superior Court against the Department of Natural Resources and other defendants for injuries to real … Continue Reading

Appellate Update: Dex Media West, Inc. v. City of Seattle [9th Cir. No. 11-35399, 11-35787]

The City of Seattle, by ordinance adopted in 2010, requires publishers of yellow pages directories to obtain permits and pay a fee for each directory distributed in the city. It also maintains an opt-out registry through which residents can decline to receive directories. Distributors are required by the same ordinance to advertise the availability of … Continue Reading
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