[WSBAPT] (Non)Change of Venue

[Sarah Cuellar]

I'm responding in an effort to be helpful, since you didn't get a response
the last time you posted. I've never had to deal with the type of problem
you're dealing with, but I'm thinking that you could file a motion under
CR60(b)(4) (misconduct of an adverse party) and also touch on the Spokane
County local rule LAR 0.4(a): "*all* civil cases should be concluded..."
[within specific time limits] (emphasis added) to point out that the OP is
not availing themselves of the relief they were granted, that OP's purpose
is delay and avoiding resolution of the case, then ask for the order
granting change of venue to be vacated. Another avenue might be a contempt
proceeding, depending on how the order is written.

Just my two cents.

Sarah

Law Office of Sarah N. Cuellar, PLLC

665 S. Clark Ave., Unit 2

P.O. Box 904

Republic, WA 99166

(509) 207-9162 phone

(509) 357-1604 fax


OFFICE HOURS: 8:00am to 2:30pm Monday - Thursday, 8:00am to 1:00pm Friday.
Hours are subject to change for federal and school holidays and family
illness. Emails will generally not be returned outside of office hours. If
you are a current client and need to contact me immediately, please call
and leave a message.


NOTICE OF CONFIDENTIAL/PRIVILEGED COMMUNICATION This email and any files
transmitted with it may be protected by the attorney/client privilege, work
product doctrine, or other confidentiality protections. It is intended
solely for the individual or entity to whom it is addressed.

On Mon, Mar 3, 2025 at 3:41 PM Amy Goertz <amyjgoertz at icloud.com> wrote:

> Good Afternoon -
>
> I have a contentious ongoing probate where I brought a Motion in Spokane
> County and in his responsive pleadings, opposing counsel brought a Motion
> to Change Venue to Stevens County. The Judge declined to rule on my Motion
> and Ordered the Change of Venue.
>
> Transferring the case requires payment of the Stevens County filing fee
> and a Spokane County processing fee. Opposing counsel did not pay these
> costs.
>
> Several months have passed and despite efforts to negotiate a settlement
> of this matter with opposing counsel, opposing counsel declined our last
> offer with no counter-offer and now has stopped responding to
> communications. I have not heard from him in over a month.
>
> I think my best approach at this point is to file a Notice of Mediation.
>
> Since the Order Changing Venue was entered in the Spokane court file and
> record, do we now have to pay the filing fee and processing fee in order to
> file the case? Or what happens if I file it in the open case in Spokane
> County?
>
> Any thoughts?
>
> *Amy J. Goertz, J.D.*
> *Goertz & Lambrecht PLLC*
> amyjgoertz at icloud.com
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203
>
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com
>
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250304/c553957e/attachment.html>