Neil Rush, Appellant, v. William I. Blackburn et al., Respondents., 190 Wn. App. 945

Summary

HOLDINGS: [1]-The towing company's Wash. Super. Ct. Civ. R. 60(b) motion to set aside the vehicle owner's default judgment was not time barred because the judgment in the action was not final at the time the default judgment was entered; [2]-The company's act of selling the owner's impounded vehicle at auction while an impound hearing was pending could be an unfair or deceptive act or practice within the meaning of Wash. Rev. Code § 19.86.020 for purposes of the owner's consumer protection claim because the owner complied with all statutory requirements for challenging the impound and the sale violated an administrative rule prohibiting a sale while a hearing is pending; [3]-The owner could establish the public interest element of the consumer protection claim because it was not essentially a private dispute.