Ethridge v. Hwang

20 P.3d 958, 105 Wash. App. 447
CourtCourt of Appeals of Washington
DecidedFebruary 12, 2001
DocketNo. 44545-6-I
StatusPublished
Cited by79 cases

This text of 20 P.3d 958 (Ethridge v. Hwang) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ethridge v. Hwang, 20 P.3d 958, 105 Wash. App. 447 (Wash. Ct. App. 2001).

Opinion

Webster, J.

Mary Ethridge, a tenant of a mobile home park, sued the mobile home park owner, Anna Hwang, alleging that Hwang unreasonably rejected her potential home purchasers. Ethridge prevailed following a jury trial, and Hwang appeals. Hwang argues that the trial court erred in not dismissing Ethridge’s claims under the Mobile Home Landlord-Tenant Act (MHLTA) and the Consumer Protection Act, and that the verdicts based on these claims were not supported by substantial evidence. Hwang also claims that the jury’s finding that Hwang tortiously interfered with Ethridge’s business expectancy was not supported by substantial evidence. Finally, Hwang argues that the trial court erred in awarding Ethridge attorney’s fees and costs. Each contention, while strenuously argued, lacks merit. We therefore affirm.

FACTS

Mary Ethridge owned a mobile home located at space #119 in Duvall Highlands Mobile Home Park. The park is owned by Anna Hwang. In April 1997, Ethridge sued Hwang, alleging that she attempted to sell her home to a buyer, Mr. Qualls, but that Anna Hwang unreasonably refused to permit the sale. Ethridge also alleged that she found another buyer, Ms. Cubine, but Hwang again unreasonably and wrongfully refused to approve the sale. The complaint further alleged that Ethridge had been forced to live and work in an area in which she no longer wished to live, thereby causing her emotional distress.

Ethridge alleged that this conduct violated the MHLTA (RCW 59.20.010-.901) and constituted tortious interference with contract.

In addition, Ethridge alleged that Hwang had a widespread pattern and practice of refusing to permit the [452]*452assignment of tenants’ rental agreements, denying applications for tenancy in the mobile home park, and refusing to approve sales of mobile homes in the park on idiosyncratic, frivolous, unreasonable, and unlawful grounds. Ethridge alleged that Hwang engaged in these practices in the park in which Ethridge resided, and in the White River Estates Mobile Home Park, which Hwang also operated.1 Ethridge alleged that as a proximate result of Hwang’s unfair and deceptive conduct, Ethridge suffered injury to business or property and Hwang’s conduct violated the Consumer Protection Act (CPA).

Hwang moved for summary judgment and to compel arbitration. The court denied the motion for summary judgment and transferred the case to mandatory arbitration. The arbitrator ruled that Ethridge had suffered damages of $384 in lost wages as a result of Hwang’s untimely rejection of the Cubine sale and that Ethridge was entitled to attorney’s fees as the prevailing party in the amount of $14,277.60. Hwang appealed, requesting a trial de novo.

The jury returned a special verdict, finding that Hwang had violated the MHLTA and the CPA, and had intentionally interfered with a business relationship or expectancy, causing damage of $3,000. The jury awarded Ethridge $10,000 in additional damages for pain and suffering as a result of the intentional interference. The jury found for Hwang in the amount of $1,140 on her counterclaim for rent or other charges.

Following the jury verdict, Ethridge filed a motion for attorney’s fees as the prevailing party in the litigation. The court determined that $39,585 was a reasonable lodestar fee, and then increased the lodestar fee by 25%, for a total of $49,481.25 in attorney’s fees. In addition, the court awarded increased damages of $9,000 for violation of the CPA. A total judgment of $72,759.52 was entered against Hwang.

Following the verdict, Hwang filed a motion for judgment [453]*453as a matter of law, or alternatively for a new trial, which was denied.

In this appeal, Hwang argues that the trial court should have dismissed Ethridge’s MHLTA and CPA claims; the damages awarded were not supported by substantial evidence; Ethridge was not entitled to increased damages; the fees and costs awarded were improper, and the court erred in failing to give certain requested jury instructions. Because these arguments lack merit, we affirm.

DISCUSSION

A. Mobile Home Landlord-Tenant Act

In reviewing a summary judgment order, this court evaluates the matter de novo, performing the same inquiry as the trial court. Kruse v. Hemp, 121 Wn.2d 715, 853 P.2d 1373 (1993). The appellate court considers the facts submitted and all reasonable inferences from those facts in the light most favorable to the nonmoving party. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). Summary judgment is proper if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. CR 56(c).

The MHLTA, RCW 59.20.240 provides that:

The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded the tenant under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant’s civil remedies for negligent or intentional damages ....

The jury found that Ethridge owed Hwang $1,140 for “rent or other charges.” Clerk’s Papers (CP) at 1186. Hwang argues that, under RCW 59.20.240, this finding precludes Ethridge’s recovery under the MHLTA. Hwang is incorrect. Ethridge did not seek MHLTA remedies, and in any case, she was current in her rent and utilities at the time the case was filed.

[454]*454The only remedies available under the MHLTA are under RCW 59.20.210 and RCW 59.20.220, and Ethridge did not seek these remedies. The plain language of the statute, especially given the proviso preserving the tenant’s civil remedies, does not bar Ethridge’s claim.

The summary of unpaid bills presented by the landlord (Ex. 129) does not show any unpaid charges until January 1998, nine months after the complaint was filed. Inasmuch as the statute requires the tenant to be current in rent and utilities “before” seeking remedies under the MHLTA, that requirement was met in this case.

The MHLTA also imposes a duty of good faith on tenants and landlords. RCW 59.20.020. Hwang argues that Ethridge’s failure to comply with certain aspects of the assignment provisions of RCW 59.20.073 established her bad faith as a matter of law and bars her claim. This is incorrect. Failure to comply with the assignment provisions is a ground for denial of prospective purchasers, but Hwang waived the ability to object on this basis by not using Ethridge’s failure to comply as the reason for her denial. See White River Estates v. Hiltbruner, 84 Wn. App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Abay Kennedy, V. Meron Gebre
Court of Appeals of Washington, 2025
B&b Welding, Inc., V. Scarsella Bros., Inc.
Court of Appeals of Washington, 2025
Sharon Ronsse, V. Michael Ray Price
Court of Appeals of Washington, 2025
Davidow v. Zalnatrav Inc
W.D. Washington, 2024
Paula S. Neis v. Howard Woollett, et ux
Court of Appeals of Washington, 2024
Windermere Real Estate/east, Inc., V. Sandra Forman
Court of Appeals of Washington, 2024
Clarity Capital Management Corporation, V. Aretha Ryan
Court of Appeals of Washington, 2021
Acorn Olympia, Llc, V. Robert & Yvonne Helstrom
Court of Appeals of Washington, 2021
Natalie Sutey And John Sutey v. Anthony Bergin
Court of Appeals of Washington, 2020
City Of Puyallup v. Conway Construction Company
Court of Appeals of Washington, 2020
Bryan W. McLelland, DDS, et ux v. Mark C. Paxton, DDS, et ux
453 P.3d 1 (Court of Appeals of Washington, 2019)
Adam Rosen v. Harvey Rosen
Court of Appeals of Washington, 2019
Dennis Sieracki, et ux v. Charles L. Sheeley
Court of Appeals of Washington, 2019
Kilo 6 Owners Association v. Everett Hangar, Llc
Court of Appeals of Washington, 2019

Cite This Page — Counsel Stack

Bluebook (online)
20 P.3d 958, 105 Wash. App. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ethridge-v-hwang-washctapp-2001.