Lion Fisheries LLC v. A1 Transmission & Marine Inc

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 LION FISHERIES LLC., CASE NO. C23-0984-JCC

10 Plaintiff, ORDER 11 v. 12 A1 TRANSMISSION & MARINE, INC, et al., 13 Defendant. 14

15 This matter comes before the Court on Defendant A1 Transmission & Marine, Inc.’s 16 motion for attorneys’ fees pursuant to RCW 4.28.185(5). (Dkt. No. 21.) Having thoroughly 17 considered the parties’ briefing and the relevant record, the Court finds oral argument 18 unnecessary and DENIES the motion for the reasons explained herein. 19 Plaintiff brought a negligent and breach of contract action against two out-of-state 20 Defendants. (Dkt. No. 1.) This Court dismissed the claims for want of personal jurisdiction. (Dkt. 21 No. 19.) Now, Defendant moves for attorney fees under the long-arm statute. (Dkt. No. 21.) 22 A court is authorized to “award reasonable attorney fees to a foreign defendant who 23 prevails in an action on the basis that the court lacked personal jurisdiction under the long-arm 24 statute.” CTVC v. Shinawatra, 919 P.2d 1243, 1255 (Wash. Ct. App. 1996). However, 25 “[w]hether to grant or deny a request for attorney’s fees under this provision is wholly within the 26 discretion of the trial court.” Amazon.com, Inc. v. Kalaydjian, 2001 WL 1892190, *1 (W. D. 1 Wash. 2001). One of the purposes of the fee-shifting provision is to deter plaintiffs from 2 harassing foreign defendants. Scott Fetzer Co. v. Weeks, 786 P.2d 265, 272 n.6 (Wash. 1990). 3 The purpose for which fee-shifting is often utilized is not present in the instant case. Nor 4 does RCW 4.28.185(5) require fee shifting as Defendant suggests. (Dkt. No. 24.) Ultimately, the 5 Court finds it unnecessary to exercise its discretion to grant attorneys’ fees in this matter. 6 For the foregoing reasons, Defendant’s motion for attorneys’ fees (Dkt. No. 21) is 7 DENIED. 8 DATED this 27th day of November 2023. A 9 10 11 John C. Coughenour 12 UNITED STATES DISTRICT JUDGE

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