[WSBAPT] Off Topic CR 59 & 60 Question

[Eric Nelsen]

Please post to list--

I agree with you, but I don't have case law. FWIW, note that KCLCR 7(b)(7)<http://www.kingcounty.gov/courts/clerk/rules/LCR_7.aspx> requires informing the court if you're bringing a motion in front of a different judge and looking for another bite at the apple. But where a judgment is already entered, I would think that there is something inherent in a CR 60 motion that says you can't bring it twice on the exact same grounds.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Micah Davis
Sent: Monday, April 20, 2015 6:22 AM
To: wsbapt at lists.wsbarppt.com; wsbapt-bounces at lists.wsbarppt.com
Subject: [WSBAPT] Off Topic CR 59 & 60 Question

All:

Facts: Opposing Party brings a motion to set aside default judgment  nearly two months ago. Motion is denied on various procedural grounds, among other things. OP brings no motion for reconsideration or appeal. Attorneys' fees for my client are sought and then agreed to by stipulation. Interesting part: I open the mail the other day to get the exact same CR 60 motion to set aside judgment with substantially the same procedural errors, but with a minor revision to the wording of the motion, all cited in for hearing.

Q: My first thought is Preclusion or Estoppel of some sort. However, I can't quite find the case law (other than what I find in CR 59) or the specific doctrine which is on point and states outright the basic notion that a motion once denied is a motion that is not permitted to be brought again. Wondering if anyone has dealt with this before or knows a specific doctrine/case to use. Thinking a simple fact pattern to the judge would be sufficient. Of course we will move for fees and sanctions if possible.

Any thoughts and insights are appreciated in advance.

Regards,

Micah

Micah Davis, General Counsel
Nationwide Security Solutions, Inc
PO Box 821959
Vancouver, WA 98682
Tel: 360.975.4347
Fax: 503.296.5575

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