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Farhood v. Asher9/23/2003
In a wrongful death action, plaintiff Allyn attached defendant Asher's property by an ex parte process based on an allegation of injuries arising from felonious conduct. Asher sold the property to Farhood. After Asher was acquitted, Farhood sought to intervene in the wrongful death suit and, after being denied, instituted a quiet title action to remove the attachment. Meanwhile, Allyn received a judgment for one million dollars from the wrongful death suit and forced a sale of the property. Farhood appeals the confirmation of the sale in the wrongful death suit and the appeal of summary judgment in favor of Allyn in the quiet title action. We hold that Farhood has standing to raise the issue of wrongful attachment and that the ex parte attachment was unconstitutional. We reverse based on the wrongful attachment and remand to quiet title to the property, free and clear of Allyn's interest.
On January 22, 1999, Steven Asher lost control of his car, resulting in serious spine, rib, pelvis, and other injuries to him. His passenger, Joseph Allyn, died. Allyn's widow (Allyn) filed a wrongful death action, and the State brought vehicular homicide and vehicular assault charges against Asher.
Upon filing the complaint in March 1999, Allyn obtained an ex parte writ of prejudgment attachment on some of Asher's real property, including three lots in Washougal, Washington. Allyn received the attachment by alleging, 'the damages for which the action is brought are for injuries arising from the commission of some felony' under RCW 6.25.030(9). The trial court issued an order to show cause why the attachment should not continue, attached a statement of Asher's right to a hearing, and set a hearing date for April 16, 1999. Asher submitted a written opposition to the attachment. But there is no record presented of that hearing and, as Allyn admits, the trial court did not issue any order or findings afterward.
Asher then negotiated and completed the sale of his three Washougal properties to Farhood during August to September 1999. Farhood learned of the felony-injury attachment and spoke with Asher's criminal defense attorney before purchasing the property.
On May 2, 2000, a jury found Asher not guilty of both vehicular homicide and vehicular assault.
A year later, on May 16, 2001, Farhood attempted to intervene in Allyn's wrongful death suit; he noted that Asher had been acquitted. That trial court denied Farhood's motion to intervene. On August 10, 2001, Farhood then initiated a declaratory judgment action to quiet title. On cross motions for summary judgment, the trial court granted summary judgment in Allyn's favor.
On November 7, 2001, a jury in the wrongful death case found Asher negligent and awarded $1,001,736.13, including costs. Asher appealed. After Allyn collected payment from Asher's insurance policy, the judgment debt remained at $545,829.65 as of January 18, 2002.
On February 22, 2002, Allyn began the process to compel a sale of the Washougal properties by obtaining a writ of execution. Allyn took the properties by bidding $400,000 of the outstanding judgment debt.
I. Declaratory Judgment Action to Quiet Title
On summary judgment, this court follows the same inquiry as the trial court. Summary judgment is appropriate only in the absence of any genuine issues of material fact and when the moving party is entitled to judgment as a matter of law. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982); CR 56(c). Farhood presents arguments that the ex parte attachment procedure is facially unconstitutional. Because we hold that the ex parte attachment was unconstitutional, we need not add
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