[WSBARP] UD and Mandatory Meditation/Arbitration (Paul Neumiller)

Sat Nov 7 17:23:14 PST 2015

If you are looking for an UD/writ, isn't that outside any provisions on how
disputes are to be resolved in general?

Seems to me no different than how the UD statute trumps a general right to
litigate. To me I'd read the contractual clause just dictating the "form"
of a general claim.

But I do not believe you can contractually circumvent the UD statute in
general, correct, for the limited purposes of the writ? (not having the
statute in front of me) Which would serve to benefit the landlord in this
case if they are seeking an UD in the normal judicial fashion.

If you are talking about damages beyond getting T's out (which it doesn't
sound like?) then it would work like any other arbitration & entry of the
judgment.

Unless I misunderstood something ...

Carmen Rowe

*Attorney / Owner*

1121 Harrison Ave. No. 280 - Centralia, WA 98531
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On Sat, Nov 7, 2015 at 12:00 PM, <wsbarp-request at lists.wsbarppt.com> wrote:

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>    1. UD and Mandatory Meditation/Arbitration (Paul Neumiller)
>    2. Re: UD and Mandatory Meditation/Arbitration (Bryce Dille)
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> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 6 Nov 2015 15:09:50 -0800
> From: Paul Neumiller <pneumiller at hotmail.com>
> To: <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] UD and Mandatory Meditation/Arbitration
> Message-ID: <BLU436-SMTP111A623488F5FA75F16B77D2280 at phx.gbl>
> Content-Type: text/plain; charset="us-ascii"
>
> Saw a new LL client whose lease, lo and behold, calls for mediation and
> then
> arbitration for when "a dispute arises out of or relates to this contract,
> or the breach thereof"  using the local Dispute Resolution Center.  And
> then, "judgement upon the Award rendered by the arbitrator may be entered
> on
> any court having jurisdiction thereof."
>
> The meth head tenants are LL/T law savvy ("you can't kick us out until the
> sheriff comes") and couldn't care less  if there is a judgment lien against
> them.  Anyone have this before?  I doubt the local DRC has the power to
> issue an Order for Writ of Restitution.  Any argument that this provision
> does not leave the LL with an adequate remedy?  Thanks (and happy Friday).
> Paul Neumiller
>
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> Message: 2
> Date: Fri, 6 Nov 2015 23:23:37 +0000
> From: Bryce Dille <BryceD at cdb-law.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] UD and Mandatory Meditation/Arbitration
> Message-ID:
>         <B3982DA158E09443BF4EE7AD2BB5825727F729C0 at CDBS-SBS.cdb-law.local>
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> I think the arbitrators award could provide in the final award that upon
> request to superior crt the crt will enter a writ of restitution directed
> to the sheriff to evict tenant.
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s).  If this
> matter is transmitted to you in error, please notify the sender immediately.
>
> Bryce H. Dille
> Campbell, Dille, Barnett & Smith,  PLLC
> P.O. Box 488
> Puyallup, WA  98371
> Voice:  253.848.3513
> Fax: 253.845.4941
> bryced at cdb-law.com<mailto:bryced at cdb-law.com>
>
> Business Entity Creation and Management
> Business, Government and Tax Law
> Real Estate and Land Use, Residential, Commercial and Condominium
> Development
> Real Estate and Commercial Transactions & Closings, Including Performing
> Services as IRS Section 1031 Exchange Facilitator
> Estate Planning, including Wills and Trusts, and Probate Administration
> Representation Homeowners/Condominium Association Real Estate Developments
> Real Property Foreclosures and Forfeitures
>
> From: wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
> Sent: Friday, November 06, 2015 3:10 PM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] UD and Mandatory Meditation/Arbitration
>
> Saw a new LL client whose lease, lo and behold, calls for mediation and
> then arbitration for when "a dispute arises out of or relates to this
> contract, or the breach thereof"  using the local Dispute Resolution
> Center.  And then, "judgement upon the Award rendered by the arbitrator may
> be entered on any court having jurisdiction thereof."
> The meth head tenants are LL/T law savvy ("you can't kick us out until the
> sheriff comes") and couldn't care less  if there is a judgment lien against
> them.  Anyone have this before?  I doubt the local DRC has the power to
> issue an Order for Writ of Restitution.  Any argument that this provision
> does not leave the LL with an adequate remedy?  Thanks (and happy Friday).
> Paul Neumiller
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