Washington Supreme Court
Mayer v. Sto Industries, Inc.
April 6, 2006132 P.3d 115
Summary
The court held that the procedural safeguards applicable to harsh discovery sanctions such as dismissal, default, or exclusion of testimony do not apply to monetary compensatory sanctions imposed under CR 26(g) or CR 37(b)(2). It upheld the trial court's compensatory sanction, including an amount for the loss of use of fees and expenses, and upheld the award of CPA attorney fees without segregation and the full CPA cost award. The court also affirmed that the Mayers could recover both repair costs and damages for their home's permanent diminished value.