S-1050.1 _______________________________________________
SUBSTITUTE SENATE BILL 5130
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State of Washington 53rd Legislature 1993 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Talmadge and A. Smith)
Read first time 01/28/93.
AN ACT Relating to attorneys' fees; and amending RCW 4.84.250 and 4.84.270.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.84.250 and 1984 c 258 s 88 are each amended to read as follows:
Notwithstanding any other provisions of chapter
4.84 RCW and RCW 12.20.060, in any action for damages where the amount pleaded
by the prevailing party ((as hereinafter defined)), exclusive of costs,
is ((seven)) ten thousand ((five hundred)) dollars or
less, there shall be taxed and allowed to the prevailing party as a part of the
costs of the action a reasonable amount to be fixed by the court as attorneys'
fees. ((After July 1, 1985, the maximum amount of the pleading under this
section shall be ten thousand dollars.)) If an offer of settlement of
ten thousand dollars or less is offered by either the plaintiff or the
defendant, the provisions of RCW 4.84.250 through 4.84.300 apply.
Sec. 2. RCW 4.84.270 and 1980 c 94 s 2 are each amended to read as follows:
The defendant, or party resisting relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250, if the plaintiff, or party seeking relief in an action for damages where the amount pleaded or offered in settlement, exclusive of costs, is equal to or less than the maximum allowed under RCW 4.84.250, recovers nothing, or if the recovery, exclusive of costs, is the same or less than the amount offered in settlement by the defendant, or the party resisting relief, as set forth in RCW 4.84.280.
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