[WSBARP] UD Gurus

Thu Jan 12 09:55:10 PST 2017

I have not had to litigate the issue, but I have done a fair amount of UD
work and have considered this issue before. I think Christensen v.
Ellsworth and some other decisions draw a pretty clear line between
calculating time for procedural matters (i.e., dealing with the court
within the litigation, e.g., hearing dates, due dates for court filings),
which are subject to CR6(a), and non-procedural matters (i.e., directly
between the parties outside of the litigation, e.g. 3-day pay or vacate). I
would feel very comfortable arguing that the 3-day period in the original
question is 3 calendar days, not extended for weekends or holidays. There
is no clear basis for treating that 3-day notice period differently than a
3-day pay or vacate notice that I can think of.

Hopefully, your client is willing to the be test case, Paul - then we can
all get a clear answer!

My 2 cents worth on the question of execution on the writ is that the
statutory minimum period is 3 calendar days, but from a practical
perspective, it's impossible to get the sheriff's department to execute on
a weekend or holiday, so it gets treated like a procedural 3 court day
period in practice.

Spencer A. W. Stromberg
Attorney at Law

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On Wed, Jan 11, 2017 at 10:05 PM, Rod Harmon <rodharmon at msn.com> wrote:

> 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
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>     www.rodharmon.com
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>    rodharmon at msn.com
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>
>
> *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.
>
>
>
>
>
>
>
> [image: Paul Neumiller]
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <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>
> *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      www.ohanafc.com
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <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
> *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.
>
>
>
> [image: cid:image004.jpg at 01D26C24.A11DE880]
>
>
>
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