Wash. Rev. Code » Title 4 · Chapter 4.105
Revised Code of Washington

Wash. Rev. Code § 4.105.090 (2026)

Costs, attorneys' fees, and expenses

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
On a motion under RCW 4.105.020, the court shall award court costs, reasonable attorneys' fees, and reasonable litigation expenses related to the motion:
(1) To the moving party if the moving party prevails on the motion; or
(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was not substantially justified or filed solely with intent to delay the proceeding.
[ 2021 c 259 s 10.]
Notes of Decisions
Cited in 14 cases (14 in the last 5 years), 2022–2026 · leading case: Thurman v. Cowles Co., 562 P.3d 777 (Wash. 2025).
Sort: Relevance Newest Treatment
Thurman v. Cowles Co., 562 P.3d 777 (Wash. 2025). “RCW 4.105.090. IS THURMAN’S DEFAMATION CLAIM SUBJECT TO THE UPEPA? In resolving this issue, three dates are significant.”
Siddharth Jha, V. Varisha Mahmood Khan (Wash. Ct. App. 2024). · cites it 6× “85963-3-I/9 provides that “[i]f the moving party fails to provide the notice required under this subsection, such failure shall not affect the moving party’s right to relief under this chapter, but the moving party shall not be entitled to recover reasonable attorneys’ fees…”
Dimension Townhouses, Llc., V. Leganieds, Llc (Wash. Ct. App. 2024). · cites it 3× “And Leganieds argues that RCW 4.105.090 mandates an award of fees if they had prevailed in the trial court.”
Law Off. Of John Randolph, Pllc V. Ewu Media Llc (Wash. Ct. App. 2026). · cites it 3× “29 87958-8-I/30 recover reasonable attorney fees or expenses on review before … the Court of Appeals … the party must request the fees or expenses as provided in this rule, unless a statute specifies that the request is to be directed to the trial court.”
Kurt Benshoof, V. Nathan Cliber (Wash. Ct. App. 2024). · cites it 2× “” RCW 4.105.090. Because the trial court properly granted the respondents’ special motion for expedited relief, the award of attorney fees was statutorily mandated.”
TorchStar Corp v. Hyatech Inc (E.D. Wash. 2023). · cites it 2× “23 Finally, the Court does not find that any party is entitled to attorneys’ fees 24 pursuant to Wash. Rev. Code § 4.105.090 . 25 26 1Based on these findings, the Court need not address the parties’ arguments about 27 whether Plaintiff met its burden under § 4.”
Valve Corp., V. Bucher Law, Pllc Et Ano (Wash. Ct. App. 2025). · cites it 2× “Lastly, the court denied Valve’s request for an award of attorney fees and costs under RCW 4.105.090 because the Bucher Defendants had not filed their UPEPA motion with intent to delay the proceeding and there was “at least some justification” for filing the motion.”
Jeffrey Thurman v. Cowles Co. (Wash. Ct. App. 2024). “COSTS, ATTORNEY FEES, AND EXPENSES AT TRIAL AND ON APPEAL RCW 4.105.090 makes recovery of costs, reasonable attorney fees, and reasonable litigation expenses mandatory for a party prevailing on a special motion for expedited relief.”
Proj. Veritas v. Leland Stanford Junior Univ. (W.D. Wash. 2022). “” 12 RCW 4.105.090. Stanford requests an award of $109,360.”
Montano v. State of Washington Dep't of Health (W.D. Wash. 2025). “14 Code § 4.105.090(1). Plaintiff does not dispute that Defendants prevailed on their motion.”
Ligeri v. Parker (W.D. Wash. 2025). “7 Because the Court grants Defendants’ motion to dismiss certain claims (namely the abuse 8 of process, litigation abuse, defamation, tortious interference, and intentional infliction of 9 emotional distress claims) under UPEPA, Defendants are entitled to recover their…”
Ligeri (W.D. Wash. 2025). “CODE § 4.105.090. Plaintiff has not yet been 22 ordered to pay such an award, however, and argues that the Court should stay consideration of 23 Defendants’ fee request because he lacks the ability to pay the fees requested and requiring him to 24 1 pay that award now would…”
Show all 14 citing cases →
— Wash. Rev. Code § 4.105.090(1) — 7 cases
Dimension Townhouses, Llc., V. Leganieds, Llc (Wash. Ct. App. 2024). “And Leganieds argues that RCW 4.105.090 mandates an award of fees if they had prevailed in the trial court.”
Siddharth Jha, V. Varisha Mahmood Khan (Wash. Ct. App. 2024). “85963-3-I/9 provides that “[i]f the moving party fails to provide the notice required under this subsection, such failure shall not affect the moving party’s right to relief under this chapter, but the moving party shall not be entitled to recover reasonable attorneys’ fees…”
Montano v. State of Washington Dep't of Health (W.D. Wash. 2025). “14 Code § 4.105.090(1). Plaintiff does not dispute that Defendants prevailed on their motion.”
Valve Corp., V. Bucher Law, Pllc Et Ano (Wash. Ct. App. 2025). “Lastly, the court denied Valve’s request for an award of attorney fees and costs under RCW 4.105.090 because the Bucher Defendants had not filed their UPEPA motion with intent to delay the proceeding and there was “at least some justification” for filing the motion.”
Ligeri v. Parker (W.D. Wash. 2025). “7 Because the Court grants Defendants’ motion to dismiss certain claims (namely the abuse 8 of process, litigation abuse, defamation, tortious interference, and intentional infliction of 9 emotional distress claims) under UPEPA, Defendants are entitled to recover their…”
— Wash. Rev. Code § 4.105.090(2) — 1 case
Law Off. Of John Randolph, Pllc V. Ewu Media Llc (Wash. Ct. App. 2026). “29 87958-8-I/30 recover reasonable attorney fees or expenses on review before … the Court of Appeals … the party must request the fees or expenses as provided in this rule, unless a statute specifies that the request is to be directed to the trial court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.