conversion claim in Washington

2019The court in Jones v. Jacobson held that a conversion claim accrues when the owner of allegedly converted property has the right to possession of that property or to bring a cause of action if the right to possession is denied. 45 Wn.2d 265, 269 , 273 P.2d 979 (1954).

2019The court in Jones v. Jacobson held that a conversion claim accrues when the owner of allegedly converted property has the right to possession of that property or to bring a cause of action if the right to possession is denied. 45 Wn.2d 265, 269 , 273 P.2d 979 (1954).

2010But even if we assume, without deciding, "knowledge that there was a previous interference with the property" is required to establish a conversion claim, Hogg's credibility about when and what she knew relating to Barry's misappropriation of Dottie's loan proceeds weighs in favor of denying summary judgment. [25] "[W]here material facts are particularly within the knowledge of the moving party ... "`it is advisable that the cause proceed to trial in order that the opponent may be allowed to disprove such facts by cross-examination and by the demeanor of the moving party while testifying."'" R

2010App. 391, 395 , 27 P.3d 618 (2001) (internal quotation marks omitted) (quoting Mich. Nat’l Bank v. Olson, 44 Wn.

2010But even if we assume, without deciding, "knowledge that there was a previous interference with the property" is required to establish a conversion claim, Hogg's credibility about when and what she knew relating to Barry's misappropriation of Dottie's loan proceeds weighs in favor of denying summary judgment. [25] "[W]here material facts are particularly within the knowledge of the moving party ... "`it is advisable that the cause proceed to trial in order that the opponent may be allowed to disprove such facts by cross-examination and by the demeanor of the moving party while testifying."'" R

2010But even if we assume, without deciding, “knowledge that there was a previous interference with the property” is required to establish a conversion claim, Hogg’s credibility about when and what she knew relating to Barry’s misappropriation of Dottie’s loan proceeds weighs in favor of denying summary judgment. 25 “[Wlhere material facts are particularly within the knowledge of the moving party ... ‘it is advisable that the cause proceed to trial in order that the opponent may be allowed to disprove such facts by cross-examination and by the demeanor of the moving party while testifying. ’ ” Ril

2010But even if we assume, without deciding, "knowledge that there was a previous interference with the property" is required to establish a conversion claim, Hogg's credibility about when and what she knew relating to Barry's misappropriation of Dottie's loan proceeds weighs in favor of denying summary judgment. [25] "[W]here material facts are particularly within the knowledge of the moving party ... "`it is advisable that the cause proceed to trial in order that the opponent may be allowed to disprove such facts by cross-examination and by the demeanor of the moving party while testifying."'" R

2010But even if we assume, without deciding, "knowledge that there was a previous interference with the property" is required to establish a conversion claim, Hogg's credibility about when and what she knew relating to Barry's misappropriation of Dottie's loan proceeds weighs in favor of denying summary judgment. [25] "[W]here material facts are particularly within the knowledge of the moving party ... "`it is advisable that the cause proceed to trial in order that the opponent may be allowed to disprove such facts by cross-examination and by the demeanor of the moving party while testifying."'" R

2008Consulting Overseas Mgmt., Ltd. v. Shtikel, 105 Wn.

2008Consulting Overseas Mgmt., Ltd. v. Shtikel, 105 Wash.App. 80, 83 , 18 P.3d 1144 (2001).

2025Although the trial court found that “Garcia was justified in transferring those funds to her own account,” our Supreme Court explained in Forbes that “prejudgment interest may be awarded not only when one party has improperly used the funds, but also when one party is improperly deprived of those funds.” 170 Wn.2d at 168 .

2019City Loan Co. v. State Credit Ass’n, 5 Wn.

2019E.g., Covington County Bank v. Magee, 177 So. 3d 826, 828-29 (Miss. 2015); In re Estate of Rausman, 50 A.D.3d 909, 910 , 855 N.Y.S.2d 263 (2008); White v. Consol.

2019E.g., Covington County Bank v. Magee, 177 So. 3d 826, 828-29 (Miss. 2015); In re Estate of Rausman, 50 A.D.3d 909, 910 , 855 N.Y.S.2d 263 (2008); White v. Consol.

2019Brown, 157 Wn.

2018Abandonment of property is a complete defense to a conversion claim.4 Lowe v. Rowe, 173 Wn.

2018App. 253, 263 , 294 P.3d 6 (2012), review denied, 177 Wn.2d 1018 (2013).

2014Id.

2013RAP 18.9(a) "permits an appellate court to award a party attorney fees as sanctions, terms, or compensatory damages when the opposing party files a 40 Appellants' Opening Brief at 20. 41 Clerk's Papers at 215. 42 Cowiche Canyon, 118 Wn.2d at 809 ; see RAP 10.3(c). 15 No. 68154-1-1/16 frivolous appellate action."43 "'[A]n appeal is frivolous if there are no debatable issues upon which reasonable minds might differ, and it is so totally devoid of merit that there was no reasonable possibility of reversal.'"44 The court considers the record as a whole.45 "All doubts as to whether the appeal is fr

2013App. , 294 P.3d 729, 737 (2012). 19 RCW 4.16.080. 20 Jones v. Jacobson. 45 Wn.2d 265, 269 , 273 P.2d 979 (1954) (quoting Young v. City of Seattle, 30 Wn.2d 357 . 361. 191 P.2d 273 (1948)). 21 Brief of Respondents Yarmuth Wildson Calfo PLLC and Richard and Jane Doe Yarmuth at 20. 8 No. 68154-1-1/9 defendants first received the Settlement proceeds in 2007 and or the date they first misappropriated the trust funds from the IOLTA account."22 This allegation, which centers on 2007 as the relevant date for accrual of the conversion claim, is consistent with the following statement in our prior opini

2013App. , 294 P.3d 729, 737 (2012). 19 RCW 4.16.080. 20 Jones v. Jacobson. 45 Wn.2d 265, 269 , 273 P.2d 979 (1954) (quoting Young v. City of Seattle, 30 Wn.2d 357 . 361. 191 P.2d 273 (1948)). 21 Brief of Respondents Yarmuth Wildson Calfo PLLC and Richard and Jane Doe Yarmuth at 20. 8 No. 68154-1-1/9 defendants first received the Settlement proceeds in 2007 and or the date they first misappropriated the trust funds from the IOLTA account."22 This allegation, which centers on 2007 as the relevant date for accrual of the conversion claim, is consistent with the following statement in our prior opini

2008Consulting Overseas Mgmt., Ltd. v. Shtikel, 105 Wash.App. 80, 83 , 18 P.3d 1144 (2001).

2001The trial court therefore had available to it Demelash's arguments from which to render a decision. [13] Olin v. Goehler, 39 Wash.App. 688, 693 , 694 P.2d 1129 (1985). [14] Olin, 39 Wash.App. at 694 , 694 P.2d 1129 . [15] Olin, 39 Wash.App. at 694 , 694 P.2d 1129 . [16] Ross Stores contends that Demelash did not raise this argument before the trial court.

2001The trial court therefore had available to it Demelash's arguments from which to render a decision. [13] Olin v. Goehler, 39 Wash.App. 688, 693 , 694 P.2d 1129 (1985). [14] Olin, 39 Wash.App. at 694 , 694 P.2d 1129 . [15] Olin, 39 Wash.App. at 694 , 694 P.2d 1129 . [16] Ross Stores contends that Demelash did not raise this argument before the trial court.