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Victory x3

SBJ Shareholders Jeff James and Jennifer Parda-Aldrich have closed the book on a business tort case that began in the trial court in 2014 and ended in the Washington Supreme Court nearly three years later.  After being sanctioned repeatedly by the trial court, plaintiff’s counsel had sought to withdraw the case against SBJ’s client without prejudice so as to refile it another day.  Instead, the trial court was persuaded to dismiss the case with prejudice, and awarded SBJ’s client attorney fees and costs for having had to defend a frivolous lawsuit.  That did not stop plaintiff’s counsel, who appealed to Division I of the Court of Appeals seeking to have the judgment set aside.  In an unpublished opinion, the Court of Appeals affirmed the trial court’s judgment and awarded additional fees and costs for a frivolous appeal.  Still undeterred, plaintiff’s counsel sought discretionary review with the Washington State Supreme Court.  On September 6, 2017, the Supreme Court issued an Order denying further review and awarding additional fees and costs to SBJ’s client for having had to respond to the petition for discretionary review.  Significantly, the award of fees and costs is assessed jointly and severally against the plaintiff corporation and its attorney.