[WSBARP] UD Gurus

Thu Jan 12 14:08:40 PST 2017

That is the same conclusion I reached (though not in as articulate manner).  Thank you to you and Rod and Mark for your input.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Spencer Stromberg
Sent: Thursday, January 12, 2017 9:55 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD Gurus

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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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 4:16 PM

To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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.
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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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