Request for Supplemental Award for Tax Consequences Need not be Specifically Pleaded or Filed within Ten Days of Entry of Judgment

Two female plaintiffs prevailed in a sex discrimination and sexual harassment suit against their employer, Outback Steakhouse, obtaining general damages of $75,000 each and back awards of $50,000 and $1,570.80 respectively.? ?In a supplemental judgment, Plaintiffs? counsel was awarded $271,230 in attorney fees and $36,420.28 as the prevailing party under WLAD and Title VII. After permitting relevant discovery and hearing the testimony of Plaintiffs? CPA expert, the trial court awarded? ?a? ?second? ?supplemental? ?judgment of $192,549.82 for the adverse tax consequences to Plaintiffs.?? Finding that an offset for tax liability resulting from a discrimination award is an equitable remedy, the Court of Appeals held that such relief need not be specifically pleaded under CR 9(g) and did not violate the Defendant?s due process or right to a jury trial.?? Analogizing the request for the supplement award to cover tax liability to a petition for attorney fees, the appellate court ruled that it is not a motion to alter or amend the judgment and need not be filed within ten days of entry of judgment.?? Hirata v. Evergreen State Ltd. Partnership, No. 52481-I (Schindler, Grosse, Cox; 12/13/04).