# Barr v. Day

> Washington Supreme Court · October 6, 1994 · 124 Wash. 2d 318

URL: https://www.frixlaw.com/law-library/cases/9541165

## Case

- **Full name:** Ella Barr, Individually and as Personal Representative, Respondent, v. Gerald G. Day, Et Al, Petitioners
- **Court:** Washington Supreme Court
- **Decided:** October 6, 1994
- **Citations:** 124 Wash. 2d 318; 879 P.2d 912
- **Precedential status:** Published
- **Opinion:** Concurring in part by Johnson
- **Judges:** Utter, Johnson
- **Cited by:** 86 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9541165

## How later opinions describe it (automated extraction)

- holding that guardians ad litem act as surrogates of the court in settlement hearings and thus have judicial immunity
- applying modern rule in contingent fee case, but noting substantial performance exception, which prevents client from discharging attorney on eve of settlement to avoid paying contingent fee

## Opinion text

Johnson, J.
(concurring in part, dissenting in part) — The issues presented in this case involve the resolution of whether collateral estoppel bars the lawsuit over the legal fees and whether there is guardian ad litem immunity. I agree with the majority’s disposition of those issues.
*334 In dicta, the majority goes on to review, under "attorney fees”, an issue not presented at the trial court, the Court of Appeals, or here. This discussion creates and resolves issues which are not argued, briefed, nor properly before us. I do not agree we should, on the limited summary judgment record before us, review the propriety of the attorney fees. The resolution of that issue properly should be addressed by the parties at trial on remand.
The majority’s discussion is obiter dictum and, as such, is not helpful nor binding on the trial court.
Brachtenbach and Smith, JJ., concur with Johnson, J.
Reconsideration denied November 2, 1994.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9541165. Public record. Not legal advice.