MP Medical Inc. v. Wegman (2009)

Decided: August 3, 2009 · Docket: 61674-9-I.

Forced-sale holding

The judgment creditor proposed to buy the debtor’s pending appeal of that very judgment and dismiss it. The court held that the trial court should exercise its inherent supervisory power to prevent that inequitable destruction of access to review. It construed Paglia as an exception to the broad rule permitting execution on nonexempt property, not an overruling of that rule. A commissioner had already stayed the proposed sale. The court reached the underlying merits and affirmed the contract-claim dismissals and fee award; it did not vacate a completed auction to an unrelated innocent buyer. Complete opinion and footnotes, unofficial FindLaw reproduction; paglia-v-breskovich-wa-m12-1974.

Currentness and later treatment

The official unpublished Piatek, No. 71065-6-I (June 23, 2014), expressly uses this supervisory-power analysis but affirms execution on the equitable record presented. That verified later application is not comprehensive treatment or a blanket ban on a creditor buying a debtor’s cause of action. Full official Piatek opinion.

Current RCW 6.17.090 and RAP 8.1 separately address executable property and stays. The opinion’s employment-contract holdings are not offered as current advice about noncompetition law. good_law_status remains needs_verification pending complete later treatment. The full FindLaw text was read using the ordinary web reader; the separate direct 403 does not undo that successful retrieval. Full execution chapter; full RAP 8.1.

Applies in →

washington · businesses-and-going-concerns

Legal information, not legal advice. Verify current law and subsequent treatment before relying on this decision.