State v. Gassman

31 Citing cases

  1. State v. Numrich

    197 Wash. 2d 1 (Wash. 2021)   Cited 20 times
    Holding trial court did not err in awarding sanctions in the amount of attorney fees against the State for State's bad faith conduct in late-filing an amended information

    ¶60 Sanctions, including attorney fees, may be imposed under the court's inherent equitable powers to manage its own proceedings. State v. Gassman , 175 Wash.2d 208, 210-13, 283 P.3d 1113 (2012). To impose attorney fee sanctions under the court's equitable powers, it is sufficient and best practice for a court to make a finding of bad faith.

  2. State v. Shriver

    No. 81831-7-I (Wash. Ct. App. Nov. 9, 2020)

    This court reviews imposition of sanctions for abuse of discretion. State v. Gassman, 175 Wn.2d 208, 210, 283 P.3d 1113 (2012). "A trial court has the inherent authority to sanction lawyers for improper conduct during the course of litigation, but that generally requires a showing of 'bad faith.'"

  3. P&M Constr., Inc. v. Matt

    No. 49605-4-II (Wash. Ct. App. Apr. 25, 2017)

    A trial court may impose sanctions according to court rules or under its own inherent equitable powers. State v. Gassman, 175 Wn.2d 208, 210-11, 283 P.3d 1113 (2012). A trial court's inherent authority to manage and control its calendar, proceedings, and parties allows the court to award attorney fee sanctions based on a finding of bad faith.

  4. Smith v. Congruent Software Inc.

    No. 69847-8-I (Wash. Ct. App. Jul. 28, 2014)

    "Sanctions, including attorney fees, may also be imposed under the court's inherent equitable powers to manage its own proceedings." State v. Gassman. 175 Wn.2d 208, 210-11, 283 P.3d 1113(2012). The trial courts' "inherent authority to control and manage their calendars, proceedings, and parties" allows attorney fees sanctions based on a finding of bad faith.

  5. Matson v. Okita

    No. 68256-3-I (Wash. Ct. App. Jun. 10, 2013)

    We review sanction decisions for abuse of discretion.State v. Gassman, 175 Wn.2d 208, 210-11, 283 P.3d 1113(2012).

  6. Dalton M, LLC v. N. Cascade Tr. Servs.

    534 P.3d 339 (Wash. 2023)   Cited 14 times
    Explaining that Washington courts generally follow the rule of party presentation

    ¶51 Dalton M cites cases arising in the sanctions context, arguing that "[a]n appellate court may still uphold a sanction ‘where an examination of the record establishes that the court found some conduct equivalent to bad faith,’ " even if the court made no explicit finding of bad faith. State v. Numrich , 197 Wash.2d 1, 27, 480 P.3d 376 (2021) (quoting State v. Gassman , 175 Wash.2d 208, 211, 283 P.3d 1113 (2012) ). But even under these cases, the appellate court cannot affirm a sanction unless the record shows bad faith conduct related to the conduct for which the party was sanctioned.

  7. The Everett Clinic, PLLC v. Premera

    No. 81684-5-I (Wash. Ct. App. Aug. 16, 2021)

    A trial court has the authority to impose sanctions, including attorney fees, under its inherent equitable powers to manage its own proceedings. State v. Gassman, 175 Wn.2d 208, 210-11, 283 P.2d 1113 (2012). Its inherent authority to sanction litigation conduct

  8. In re Marriage of Battista

    No. 37263-4-III (Wash. Ct. App. Apr. 8, 2021)

    Again our review is for abuse of discretion. State v. Gassman, 175 Wn.2d 208, 210, 283 P.3d 1113 (2012). This time we agree with Mr. Saha.

  9. In re Marriage of Mason

    No. 50009-4-II (Wash. Ct. App. Mar. 9, 2021)

    Indeed, "[t]rial courts have inherent authority to control and manage their calendars, proceedings, and parties." State v. Gassman, 175 Wn.2d 208, 211, 283 P.3d 1113 (2012) (citing CowlesPubl'g Co. v. Murphy, 96 Wn.2d 584, 588, 637 P.2d 966 (1981)).

  10. In re Marriage of Mason

    No. 50009-4-II (Wash. Ct. App. Mar. 9, 2021)

    Indeed, "[t]rial courts have inherent authority to control and manage their calendars, proceedings, and parties." State v. Gassman, 175 Wn.2d 208, 211, 283 P.3d 1113 (2012) (citing Cowles Publ'g Co. v. Murphy, 96 Wn.2d 584, 588, 637 P.2d 966 (1981)).