Jdfj Corp. V. International Raceway Inc‪.‬

JDFJ Corporation, JAF Corporation, Randy Fiorito, J. Dan Fiorito, Sr., and Vera Fiorito (collectively referred to herein as JDFJ) appeal the trial court's denial of its motion for reconsideration. In that motion, arguing contrary to its complaint and the theory of the case on which it prevailed in part, JDFJ asserted that International Raceway, Inc., should be held liable for treble damages under RCW 4.24.630 (removal of timber without authority), rather than timber trespass damages under RCW 64.12.030, because International Raceway, Inc. was a lessee and therefore could not commit a trespass. The timber trespass statute, however, is not limited simply to situations equivalent to a common law trespass. It includes within its scope unauthorized logging by a lessee and RCW 4.24.630 is thus by its terms inapplicable. We also reject JDFJ's challenge to the attorney fees award. In so doing, we specifically decline to follow the recent case of Hertz v. Reibe*fn1 because we believe it to be contrary to the reasoning of Marassi v. Lau.*fn2