Volume 29 — Washington Appellate Reports

<bold>[1] Continuance — Determination — In General.</bold> A party seeking a continuance must show both good faith and the exercise of diligence. The trial court rules on such a request as a matter of discretion exercised in the light of all the circumstances of the case. <bold>[2] Pleading — Amendment — Determination — Ruling.</bold> Amendment of the pleadings is a matter for the discretion of the trial court. An order revoking a prior authorization to amend constitutes a voiding of the amended pleading. <bold>[3] Bankruptcy — Claims — Unliquidated Tort Claim.</bold> As a general rule, an unliquidated tort claim is not provable in bankruptcy. <bold>[4] Appeal and Error — Trial Court Jurisdiction — Interlocutory</bold> <bold>Review — Effect.</bold> A motion for interlocutory review does not deprive a trial court of jurisdiction until an appellate court grants the review. <bold>[5] Lis Pendens — Nature — Money Judgment.</bold> A lis pendens is not properly filed in anticipation of recovering a money judgment.

<bold>[1] Appeal and Error — Findings of Fact — Failure To Assign</bold> <bold>Error — Effect.</bold> When no error is assigned to a trial court's findings of fact, such findings become the established facts of the case. <bold>[2] Larceny — Elements — Intent — False Representation —</bold><page_number>Page 692</page_number> <bold>Effect.</bold> The element of intent in the crime of first degree theft may be inferred from false representations of the defendant. <bold>[3] Criminal Law — Evidence — Stipulations — Equivalence to</bold> <bold>Guilty Plea.</bold> A defendant's stipulation to facts outlined by the prosecutor is not tantamount to a guilty plea and does not require that the trial court comply with CrR 4.2. <bold>[4] Searches and Seizures — Automobiles — Impoundment — Search</bold> <bold>for Evidence — Distinction.</bold> For purposes of the Fourth Amendment, the impoundment and inventory of a vehicle occur for different reasons than a search of a vehicle for incriminating evidence. Any evidence found during such an inventory is obtained through inadvertence. <bold>[5] Searches and Seizures — Automobiles — Impoundment — When</bold> <bold>Permitted.</bold> Following the arrest of a vehicle operator, the vehicle may be impounded when probable cause exists that the vehicle is stolen or that it has been used in committing a felony and its retention as evidence is necessary, or impoundment is necessary to safeguard the vehicle and no reasonable alternative to impoundment exists. <bold>[6] Searches and Seizures — Automobiles — Warrantless Search —</bold> <bold>When Permitted.</bold> A vehicle may be searched for evidence when there is probable cause to believe it contains such evidence and exigent circumstances excuse the obtaining of a search warrant. <bold>[7] Searches and Seizures — Automobiles — Warrantless Search —</bold> <bold>Exigent Circumstances — Interruption in Search.</bold> The justification for a warrantless search of a vehicle is not removed merely because the search of the vehicle is interrupted. So long as the circumstances have not substantially changed, the justification for a warrantless search continues.