[WSBAPT] Small Claims Court

[jbdolan at jbdolan.com]

Jennifer:

 

Nice work, especially considering your lack of familiarity with LL/T issues.  (I liked the “defacto roommate” reference.)

 

I have found over the years when dealing with parties who change attorneys in especially contentious cases, what frequently happens is that the client will shop around until they find a lawyer who matches their personality (kind of like the on-line postings of people who look just like their dogs) and then it’s off to the races.  In one particularly disgusting, hotly contested vulnerable adult/probate matter, the first opposing counsel and I were excruciatingly courteous and polite to each other in the courtroom, which infuriated her client.  Big surprise when there was new opposing counsel at the next hearing.  The case dragged on for 2 ½ years.

 

I also have been “sucked in to the vortex” as you describe.  God bless you for allowing that to happen, and going for it.  Your brief was (IMHO) very well written and you did a great job for your client.  That’s why most of us become lawyers.

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com <http://www.jbdolan.com> 

www.jonesbutlerdolan.com <http://www.jonesbutlerdolan.com> 

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Sunday, November 6, 2022 11:25 AM
To: Craig Gourley <craig at glgmail.com>; Dave Culbertson <dculbertson at culbertsonlawoffice.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small Claims Court

 

Craig & Dave,

Here is my horror story (ultimately with a happy ending) involving small claims court – 

I became friends with my realtor when we moved to Yakima a few years ago. She periodically sends me clients. Last October, she contacted me asking for me to take a “brief” look at a client of hers’ notice to vacate a residential rental property. She indicated the young couple was getting jerked around by their LL. I don’t do LL/T, but as a courtesy said I would take a peak (my bad, as I got sucked into the vortex). The couple were super nice, and indeed were getting jerked around by a terrible landlord (older single woman). 

 

They gave notice (per the lease) to vacate and the LL upped her ante of bad behavior. They ultimately moved out a month earlier than the notice stated. She went to a local attorney here in Yakima that was equally matched personality wise with his client….we traded barbs by correspondence. My clients were prepared to give her the deposit (we knew she was nuts and would keep it anyway), so for that amount it wasn’t worth litigating. BUT, LL wasn’t satisfied and trumped up false allegations of damage – thousands worth. After my clients were out, she ditches her attorney (temporarily) and then proceeds to send demand letters to my clients seeking all of this money. We ignore her hoping she will simply go away keeping the deposit. Nope, she sues my clients in small claims court. I’ve never been to small claims court and do not even ever go to district court. I ghost write a notice of appearance for my clients and their answer to the complaint, as well as a counterclaim. They go to court to file it. Rude awakening – they wouldn’t take the pleadings and told my clients you can’t counterclaim. If you have a counterclaim, you have to file your own case. And, you have to only use their pre-printed forms, not traditional pleadings. So, I help them do that. Now, we have two cases. There is mandatory mediation prior to the trial. They are on separate dates, LL’s is first. I coach the clients and they go. Here in Yakima the “mediators” are community volunteers, often non-attorneys. Of course, nothing gets settled. LL’s trial date comes up a week later. Again, I coach the clients. The LL goes and the court allows her to blather on for over an hour. I wasn’t there, but my clients report that the judge didn’t look too enamored with LL. It’s my clients turn to speak. They tell the judge that they have filed their own counter suit, which is pending. Judge sua sponte says, “Do you want your attorney to represent you?” They say yes, so the court indicates from the bench that he wants the two cases to be heard at the same time and sets it over. 

 

LL goes back to her original attorney. Through a series of court scheduling problems, we end up getting special set with another judge and the trial doesn’t occur until the end of July 2022. Meanwhile, LL’s attorney, sends arrogant & condescending communications to me. That made me want to scratch his eyes out, but instead, I was determined to win because he and his client were complete jerks. I spent an insane amount of time researching LL/T law (not an area in which I practice). I write a 16 page trial brief. We go to trial and I have to tell you it was like going back to the 1990’s – trial by ambush/combat. You don’t know what the other side is going to say; you haven’t seen any of the documents because there is no discovery; and you don’t know if any non-party witnesses will testify or what they will testify about. I have never worked so hard for so little money, but it was for principle at that point. 

 

The trial took an entire day, and the judge even stayed late so we could finish in one day. I am happy to report he wiped the smug looks right off LL and LL’s idiot attorney! We prayed she wouldn’t appeal for a trial de novo in superior court. She didn’t, and then at the 30 day mark, a cashier’s check arrived in my mail directly from LL for the full judgment. So, all’s well that ends well. 

 

If you want an interesting read, I am attaching my Trial Memorandum 😊 Happy Sunday!  

 

Jennifer L. White, Esq.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

 

From: Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> > 
Sent: Saturday, November 5, 2022 8:38 PM
To: Dave Culbertson <dculbertson at culbertsonlawoffice.com <mailto:dculbertson at culbertsonlawoffice.com> >; Jennifer L White <jen at appletreelaw.com <mailto:jen at appletreelaw.com> >
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: Small Claims Court

 

It gets even more weird in that the defendant cannot counter claim and must bring a separate action. You cannot consolidate.  So plaintiff brings an action, a week later the defendant brings a responsive action and they are heard a week apart.  You also can't enforce a small claims judgment, it has to be transferred to Dist court. At least that is the way it used to be

 

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  _____  

From: Dave Culbertson <dculbertson at culbertsonlawoffice.com <mailto:dculbertson at culbertsonlawoffice.com> >
Sent: Saturday, November 5, 2022 6:46:16 PM
To: jen at appletreelaw.com <mailto:jen at appletreelaw.com>  <jen at appletreelaw.com <mailto:jen at appletreelaw.com> >; Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> >
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: RE: Small Claims Court 

 

Hi, Jennifer and Craig.

Sorry for the delayed replay, and thanks for the info, it’s good to face the hard truth.

It’s no surprise I was wrong, but what is surprising is that the same claim can be proceeding in Small Claims court and in District/Superior at the same time. Am I getting that right? I would have thought that somewhere in the procedural rules there would be something allowing a claim to only be heard in one court, for efficiency’s sake or to avoid conflicting outcomes. 

dc

 

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Craig Gourley
Sent: Thursday, November 3, 2022 5:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Small Claims Court

 

Yep, I am with Jennifer.  When my client got sued in Small Claims on a bogus claim,  I filed a Superior court case and immediately scheduled depositions which the client then used as evidence in the small claims.  He won in Small Claims and we proceeded to settle in Superior Court.   Client got $10k  from guy that sued him in Small Claims.   

 

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com < <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Thursday, November 3, 2022 2:33 PM
To: WSBA Probate & Trust Listserv < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small Claims Court

 

Hi Dave,

I hate to break it to you, but you are not correct in that understanding…. I just had to deal with this issue a few months ago. 

Take a look at RCW 12.40 for all of the procedural rules. In a nutshell, you have to get consent from the court to have attorneys appear in small claims court. You can’t just remove the case to district/superior court. They can make you have two tracks – small claims and then district/superior. 

 

Jennifer L. White, Esq.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

 

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com < <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Thursday, November 3, 2022 2:01 PM
To:  <mailto:solo-and-small-practice-section at list.wsba.org> solo-and-small-practice-section at list.wsba.org;  <mailto:creditor-debtor-section at list.wsba.org> creditor-debtor-section at list.wsba.org;  <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com;  <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com
Subject: [WSBAPT] Small Claims Court

 

Hello, Listmates.

 

I have a PNC who might be facing a small-claims court action. My understanding has always been that both parties have to agree to not have attorneys for it to be in Small Claims, and that if one side wants representation they have a right to it and the dispute has to be heard in district or superior court.

 

Am I wrong about that? I don’t see where that appears in the RCW’s. If I’m right and somebody knows the source of the rule, I’d be interested.

 

Thanks, folks.

 

Best Regards,

 

Dave Culbertson

 

The Law Office of Davisson Culbertson

PO 20403

Seattle, WA 98102

 

Phone: (206) 478-8134

FAX: (866) 867-7796

 <mailto:dculbertson at culbertsonlawoffice.com> dculbertson at culbertsonlawoffice.com

 

 

 

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