[WSBAPT] (Non)Change of Venue

[Amy Goertz]

Thank you so much. Very interesting ideas to contemplate!!

I am planning to file a Notice of Mediation in the Spokane file, since it is the only open case.

I am sure he will throw a fit, but it doesn’t seem like I should pay to move it to the other county when his motion was granted six months ago and he hasn’t done anything.

We’ll see. Wish me luck!!

Thanks again for your thoughtful response.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto: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 <http://www.goertzlambrecht.com/>







> On Mar 4, 2025, at 11:04 AM, Sarah Cuellar <attorney at sarahcuellar.com> wrote:
> 
> 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
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> On Mon, Mar 3, 2025 at 3:41 PM Amy Goertz <amyjgoertz at icloud.com <mailto: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 <mailto: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 <http://www.goertzlambrecht.com/>
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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