[WSBARP] UD Gurus

[Rod Harmon]

CR 6(a) and  RCW 1.12.040 both address the computation of time.  As to when to use which, see In re Detention of W.C.C., 185 Wash.2d 260, ¶¶ 17-20 (2016).


Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, January 11, 2017 4:16 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD Gurus

Stover and CHRISTENSEN v. ELLSWORTH 162 Wn.2d 365 (Wash. 2007) both say that a day means a day.  Christensen specifically says that the three day notice to pay or quit means three days and that includes the weekend.  So, it seems there are cases on both sides.  Maybe my client is willing to be the test case.



[Paul Neumiller]

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Wednesday, January 11, 2017 2:32 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] UD Gurus

Here is a case on computing time.  The issue is related to claims against an estate, but the analysis is useful and there is a reference to Title 59:

See:  In Re Estate of T. Mark Stover, 178 Wn. App.  550, 315 P3d 579 (2013)

Mark



Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>




From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, January 11, 2017 1:37 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UD Gurus

Has anyone done an analysis whether CR 6 ("...When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation...") applies to 59.12.312(1) ("...The landlord must store the property if the tenant serves a written request to do so on the landlord or the landlord's representative by any of the methods described in RCW 59.18.365 no later than three days after service of the writ....")  I'm not finding any reported cases that directly address the issue.  The tenants just served the notice and it is too late IF we count the weekend and is just within the 3 days if we don't count the weekend.

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