86 Wash. App. 102 - Hertz v. Riebe’s Empirical Analysis
1997
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 2014
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 71 Wash. App. 912 - Marassi v. Lau · 50 Wash. App. 768 - Marine Enterprises, Inc. v. Security Pacific Trading Corp. · 64 Wash. App. 401 - Seattle-First National Bank v. Siebol · 29 Wash. App. 532 - Rowe v. Floyd · 38 Wash. App. 170 - Valley v. Hand
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The statute does not define the prevailing party as one who prevailed on a claim which authorized attorney fees. The statute focuses rather on the relief afforded to the parties for the entire suit whether or not the underlying claim provides for fees. See generally Rowe v. Floyd, 29 Wn. App. 532 , 535 n.4, 629 P.2d 925 (1981). After consolidation, both the Hertzes’ claim and the Riebes’ claim were part and parcel of the same suit. CR 42(a). Both parties prevailed on their respective claims and thus neither is a “prevailing party.””
1 later decision quote this exact passagee.g. Hawkins v. Diel“[I]f the prevailing party on appeal would be entitled to attorneys’ fees under the provisions of RCW 4.84.250, the court deciding the appeal shall allow to the prevailing party such additional amount as the court shall adjudge reasonable as attorneys’ fees for the appeal.”
1 later decision quote this exact passage“Here, each party recovered on a substantial theory and therefore the proportionality approach adopted in Marassi does not apply.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.