§65.1.6 Analysis

• Jurisdiction: Washington

§65.1.6 ANALYSIS

CR 65.1 merely establishes a summary procedure for determining a surety's liability. It says nothing about the type or quantity of damages that may be claimed. Although questions concerning the type and quantity of damages are beyond the scope of this chapter, some general observations are in order as a preliminary guide to more specific research.

Almost certainly, any recovery under CR 65.1 will turn on the terms of the bond or other undertaking and the court's purpose in requiring security. Courts have noted the "well-settled rule" that no recovery can be had for wrongful issuance of a preliminary injunction in the absence of abond. Buddy Systems, Inc. v. Exer-Genie, Inc., 545 F.2d 1164, 1167 (9th Cir. 1976), cert, denied, 431 U.S. 903 (1977). The amount of damages recoverable from the surety will likely be no greater than the amount of the bond or other undertaking. The temporal scope of damages recoverable from a surety will be limited to those suffered during the period in...