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Demelash v. Ross Stores3/26/2001
Ayalew Demelash sued Ross Dress for Less after its security agents detained him on suspicion of shoplifting. He prevailed on none of his claims and he now appeals, assigning error to pretrial discovery orders, summary judgment orders, evidence rulings, order for directed verdict, and denial of motion for new trial. Because the trial court erred in refusing to allow discovery of evidence about Ross Stores' conduct in other shoplifting incidents, we reverse the discovery orders and summary judgment on Demelash's Consumer Protection Act and RCW 49.60 claims. In addition, the question of whether Ross Stores reasonably retained Demelash's coat for 16 days requires reversal of summary judgment on his conversion claim. Finally, we hold that the trial court may properly impose sanctions under CR 37 and CR 26(g) for Ross Stores' unjustified resistance to discovery.
I.
Ayalew Demelash is an Ethiopian immigrant with limited English skills. On January 2, 1998 he purchased a tan-colored coat from Ross Dress for Less.
Two days later, he returned to the store wearing the somewhat wrinkled coat, to consider the purchase of another coat. At some point during his shopping, Ross Stores security agents determined that he was acting suspiciously and focused security cameras on him. The video tape Ross Stores later produced during discovery has a three-minute gap in the middle of the tape where no filming occurred, as well as a segment where the agents filmed another customer.
When the agents resumed filming Demelash, he was modeling a black coat in the women's department. When he finished with the coat, he took a wrinkled, tan coat from the rack near him and put it on. He replaced it with the black coat and hung it on the rack. When Demelash left the store, a security officer pursued and detained him. He escorted Demelash to a small office in the basement of the store, where two security officers questioned him about the coat he was wearing and photographed him. They demanded his identification and also asked him to sign an acknowledgement of shoplifting, despite his evident difficulty understanding English. Demelash declined.
Within minutes, Seattle Police officers arrived, who patted down Demelash and examined his identification. After about 40 minutes, the police returned all of Demelash's belongings to him except for his coat and allowed him to go home to retrieve a sales receipt for the coat. Demelash returned with the sales receipt, which the Ross agents verified. Although Demelash ultimately left the store with the understanding that he would not be charged with shoplifting, Ross Stores refused to relinquish the coat. After two weeks, Demelash retained counsel because his coat had not been returned to him. Within two days, Demelash's coat arrived at his home, with no explanation by Ross Stores for the delay. Two days later, Demelash received a letter from Ross Stores' corporate counsel in California accusing him of wrongfully taking the coat and demanding $200.
Demelash instead sued Ross Stores on a multitude of claims including conversion, discrimination, Consumer Protection Act (CPA) violations, assault, battery, false arrest/imprisonment, breach of contract, and negligent training/supervision. During discovery, Demelash propounded interrogatories and requests for production (requests), paraphrased as follows:
Interrogatories #6-7: All information related to any customer complaint of unlawful discrimination, CPA violations, harassment, extortion, breach of contract, false imprisonment, assault and battery from all stores for the period 1988 through the present date.
Request for Production #3: All documents as
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