7 results for 'judge:"Feldman"'.
J. Feldman finds that the lower court improperly tossed forcible entry and detainer claims against a property management company over the company's decision to enter a hotel unit, remove the belongings of the guests, and deny them reentry. The lower court dismissed the claims without giving the hotel guests enough time to present their own evidence, and then ruled against them even though they had effectively rebutted the dismissal arguments of the management company. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: March 25, 2024, Case #: 85225-6-I, Categories: Property
J. Feldman finds that the lower court improperly convicted defendant of child rape. The lower court allowed a witness to testify that defendant had sexually abused the victim's sister, despite a pretrial order suppressing any statements on that issue. The lower court should have declared a mistrial after the error and after defendant moved for one, but did not do so. A new trial is necessary as a result. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: December 26, 2023, Case #: 84083-5-I, Categories: Fair Trial, Sex Offender
J. Feldman finds that the lower court properly calculated defendant's offender score for his assault convictions, but improperly imposed a series of collection fees against him. Defendant's offender score was not improperly calculated. However, defendant is correct, and the state concedes, that an amendment to the relevant law removes the DNA collection fee requirement from his sentence. Affirmed and remanded.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: November 20, 2023, Case #: 84716-3-I, Categories: Sentencing, Assault
J. Feldman finds that the lower court properly ruled in favor of the City of Edmonds in its dispute with an apartment complex over the city's desire to build a walkway within an easement area. The record shows the city has enough property rights to construct the walkway, which the city has been attempting to build for several years. Affirmed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: August 21, 2023, Case #: 84712-1-I, Categories: Municipal Law, Property
J. Feldman finds that the lower court improperly declined to award damages to tenants in a dispute with their landlord. The lower court found that the landlord did not comply with provisions in the Residential Landlord Tenant Act, but opted not to award damages because it found the tenants had not suffered actual damages. But the law does allow for statutory damages and attorney fees in the event a violation is found. Reversed in part.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: July 10, 2023, Case #: 83734-6-I, Categories: Landlord Tenant, Damages
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J. Feldman finds that the lower court improperly dismissed a defense based on alleged defective design in a dispute between a construction company and King County. The county sued the company after a pipeline built by the company broke. The company is entitled to use a defective design defense because, under legal precedent, it should not be responsible for damages caused by a design it simply followed. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: July 3, 2023, Case #: 83787-7-I, Categories: Contract
J. Feldman finds that the lower court improperly denied the City of Olympia's request to toss a petition challenging a city ordinance that increased the permitted types of housing in residential districts. The ordinance is exempt from legal challenges such as this under the State Environmental Policy Act. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: June 26, 2023, Case #: 85048-2-I, Categories: Environment, Municipal Law, Housing