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…Defendants claim they are entitled to attorney fees for opposing a frivolous claim, pursuant to [the Washington statute]. An appeal is frivolous ‘if there are no debatable issues upon which reasonable minds might differ and it is so totally devoid of merit that there was no reasonable possibility of reversal.’ [Citation] Alpha has presented several issues not so clearly resolved by case law as to be frivolous, although Alpha’s arguments ultimately fail. Thus, Respondents’ request for attorney fees under [state law] is denied.
Affirmed.
CASE QUESTIONS
- Why did the plaintiff (Alpha) think the sale should have been set aside because of the location problems?
- Why did the court decide the trustee had no duty to reopen bidding?
- What is meant by “chilling bidding”? What argument did the plaintiff make to support its contention that bidding was chilled?
- The court notes precedent to the effect that a “grossly inadequate” bid price has some definition. What is the definition? What percentage of the real estate’s value in this case was the winning bid?
- A trustee is one who owes a fiduciary duty of the utmost loyalty and good faith to another, the beneficiary. Who was the beneficiary here? What duty is owed to the junior lienholder (Alpha here)—any duty?
- Why did the defendants not get the attorneys’ fee award they wanted?
- 1051 reads
