Does an interrogatory response count as a pleading affecting RCW 4.84.250 - 4.84.270?

Posted Monday, January 14, 2013 by Ed Harper

The legislature has articulated a statute allowing for attorney fees if an amount less than $10,000 has been pleaded. This statute is for the sole purpose to encourage settlement of these smaller cases, and to punish the “losers” or non-prevailing party. However, one must be aware of the effect of discovery responses which ask for an amount greater than $10,000 and the limitation this may have on seeking attorney fees later.

In a recent case, Pierson v. Hernandez 149 Wn.App.297 (Div.3 2009) the court stated an interrogatory response was the equivalent of a pleading. Plaintiff responded to an interrogatory with an amount in excess of $10,000 regarding the damages sought in this claim. The amount sought in response to the interrogatory totaled $31,000+.

Thus, even though subsequent offers of settlement were offered to the defendant for less than $10,000, and the verdict was greater than one of these offers, the court stated the plaintiff had not pleaded an amount less than $10,000, and thus the attorney fee provision of RCW 4.84.260 did not apply.

We Are Here to Help

Although our office does not handle all types of cases, we hope you will contact us regarding any legal issues you may encounter. We will answer your questions, or refer you to another quality and trustworthy attorney if we are unable to assist you.

WSAJ Eagle 2020
Harper Law PLLC
826 6th Street South, Suite 101, Kirkland, WA 98033-6740 US
47.6685640-122.1958750
Phone: 425.284.3333
Fax: 425.284.4286