Rodriguez v. City of Moses Lake, 158 Wash. App. 724

Leticia Rodriguez appeals summary dismissal of claims against the City of Moses Lake and fire marshal Brett Bastían for malicious prosecution, willful or wanton misconduct, and intentional or negligent infliction of emotional distress (outrage).
Bastían investigated a 2000 fire at Rodriguez’s home, prepared a report deeming the fire accidental, and did not notice certain items (piano, keyboard, jukebox).
In 2001 an insurance adjuster asked Bastían about those items; Bastían contacted police, contributing to criminal charges against Rodriguez for filing a false insurance claim.
Rodriguez defended by asserting hidden basement piano and basement location of other items; Bastían had not discovered the basement before demolition.
Rodriguez supplied a partially burned furniture image and other information to Bastían, who forwarded it to prosecutors; a bench trial acquitted Rodriguez.
Rodriguez then sued the City; the trial court granted summary dismissal of all claims, which Rodriguez appealed except for the defamation claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary dismissal of malicious prosecution was proper	Rodriguez asserts material facts show reckless disregard by Bastían.	Probable cause existed and continued until trial weighed conflicting evidence.	Summary dismissal affirmed; probable cause persisted until trial.
Whether willful or wanton misconduct is an independent claim	Rodriguez treats willful/wanton conduct as a standalone claim against the City.	Willful or wanton conduct is not an independent cause of action; it affects intent in negligence claims.	Affirmed; such conduct is not a separate cause of action.

Hanson v. City of Snohomish, 121 Wn.2d 552 (1993) (malicious prosecution elements; malice and lack of probable cause core)
Bender v. City of Seattle, 99 Wn.2d 582 (1983) (probable cause continuity; full disclosure doctrine)
Clark v. Baines, 150 Wn.2d 905 (2004) (malicious prosecution standard with quoted elements)
Gem Trading Co. v. Cudahy Corp., 92 Wn.2d 956 (1979) (probable cause defined for prosecutions)
State v. Gluck, 83 Wn.2d 424 (1974) (probable cause standard in criminal proceedings)
Banks v. Nordstrom, Inc., 57 Wn. App. 251 (1990) (prima facie lack of probable cause; burden shifts with full disclosure)
Zellmer v. Zellmer, 164 Wn.2d 147 (2008) (willful/wanton conduct as negating defenses, not standalone duty)
Winter v. Mackner, 68 Wn.2d 943 (1966) (duty context for willful and wanton behavior)
Adkisson v. City of Seattle, 42 Wn.2d 676 (1953) (distinction between willful misconduct and negligence)