[WSBARP] WSBARP Digest, Vol 37, Issue 20
Josh Grant
jgrant at accima.com
Wed Oct 25 15:12:00 PDT 2017
Thanks Steve... good thoughts.
In part in order to save some expense, I am leaning towards not doing a motion to show cause.
My thinking is if they respond to the eviction summons, in writing, then I will do a motion to show cause, and I will bear down on the evidence gathering. The mom is physically challenged so I don’t want to run her up to the courthouse when there is a good chance they won’t even respond and I can get a default order/judgement.
In fact I am hoping they move out when they are served, and I won’t have to file the lawsuit, but who knows?
Any other thoughts on not doing an order to show cause? Thanks
Josh
From: Stephen Whitehouse
Sent: Wednesday, October 25, 2017 1:42 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 37, Issue 20
Josh,
The notice under 59.12 is the proper notice for a 3 day under the 59.18. 59.12 applies to all tenancies. 59.18 is in addition to that but only applies to the residential tenancies provided for. So if you have a normal residential tenancy, both schemes apply. Your Achilles heal is if the relationship is not one of landlord and tenant. If they are not tenants, then you cannot use either scheme and must do an ejectment which is a pain. Be prepared to prove they are tenants by some means. Since you do not have any writing, which means your clients probably violated all sorts of provisions in 59.18(but don't worry about that, you just want to get them out and can deal with that if it comes up. Those issues are likely unrelated to getting the writ). You should think about witnesses who can support the idea they were tenants, or have canceled check from prior months, or something.
Different counties are very different in how loose they are at the Show Cause hearing. The judge can set the matter over for a hearing, so at the SC, you want to have as much as you can to back up your position to head that off at the pass. Also, do not raise this issue. Simply plead the relationship and have that verified by your clients in signing the complaint. Don't invite issues, just be prepared to address them. The tenants might not show up, or they might not even raise the issue.
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Oct 25, 2017 12:00 pm
Subject: WSBARP Digest, Vol 37, Issue 20
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Today's Topics:
1. estate planning attorney referral (Douglas W. Scott)
2. Re: Referral for Patent Atty (Paul Neumiller)
3. getting family members out - UD (Josh Grant)
4. Re: getting family members out - UD (Andrew Hay)
5. Re: getting family members out - UD (Paul Neumiller)
6. Re: getting family members out - UD (Rob Rowley)
7. Re: getting family members out - UD (Josh Grant)
8. Re: getting family members out - UD (Bryce Dille)
9. Re: getting family members out - UD (Paul Neumiller)
----------------------------------------------------------------------
Message: 1
Date: Tue, 24 Oct 2017 19:02:59 +0000
From: "Douglas W. Scott" <doug at davisscottlaw.com>
To: "WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] estate planning attorney referral
Message-ID:
<B53EA1F6F4C2654690E6CD24624688BAAD567957 at mbx031-e1-va-2.exch031.domain.local>
Content-Type: text/plain; charset="us-ascii"
Client needs an attorney in California, preferably in Lake County which is north of San Francisco, to review some Living Will documents her mother had prepared. Any references?
Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V. 425.392.8550
F. 425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>
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Message: 2
Date: Tue, 24 Oct 2017 19:50:39 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Referral for Patent Atty
Message-ID:
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Content-Type: text/plain; charset="utf-8"
Thank you to everyone for the patent law referrals.
[cid:image001.jpg at 01D34CC6.AFB49780]
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Craig Blackmon
Sent: Tuesday, October 24, 2017 9:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Chris Beer <csbeer at ironmarklaw.com>
Subject: Re: [WSBARP] Referral for Patent Atty
I recommend Chris Beer. His entire firm is dedicated to helping entrepreneurs (and up) with their IP needs.
http://ironmarklaw.com/team/
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fironmarklaw.com%2Fteam%2F&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636444619167298749&sdata=c9qL6gW%2FRlWLx%2BqLbZSy%2FRUW0k9CEP0keER6gBb4XV4%3D&reserved=0>
Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.seattlepropertylawyer.com%2F&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636444619167298749&sdata=sNK1cB8Rsk5eIw7wB0UfQNrLnL574hJPBKpm4AMQeTk%3D&reserved=0>
92 Lenora St. (The Makers Space, a shared work environment)
Seattle WA 98121
Office/Cell: (206) 369-5949 Fax: (206) 770-7328
@LawyerBroker<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2FLawyerBroker&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636444619167298749&sdata=h0C7YKlQk%2BrmYcxMlZKmGDMsGhn4PvrArsoZc6%2Fr8fc%3D&reserved=0>
How to Buy Without an Agent<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.seattlepropertylawyer.com%2Fblog%3Fcategory%3DBuy%2Bwithout%2Ban%2BAgent&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636444619167298749&sdata=QDkOlVQ%2FGXmgcqhuDoPyrIylmwyeUTmG5zo8HvvzMDw%3D&reserved=0> | How to Sell FSBO<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.seattlepropertylawyer.com%2Fblog%3Fcategory%3DSell%2BFSBO&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636444619167298749&sdata=QV5%2FOnG3CE5HyIZqjXEukzrcwdh397wgwLWNUwCvbdI%3D&reserved=0> | RE Glossary<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.seattlepropertylawyer.com%2Fblog%3Fcategory%3DReal%2BEstate%2BGlossary&data=02%7C01%7Cbtwichmann%40hotmail.com%7Cb92cc447f5804df27b9608d51b0253a1%7C84df9e7fe9f640afb435aaaaaaaaaa!
aa%7C1%7C0%7C636444619167298749&sdata=E37LyuUmt81zKt9W41moqMiq8lu%2BmDgjoHGd%2FDvX%2B74%3D&reserved=0>
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On Mon, Oct 23, 2017 at 5:04 PM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com?>> wrote:
Potential Client in preliminary stages of an invention seeks a patent attorney in the greater Seattle area to advise on best course of action to take and whether PC?s idea is even patentable. Self-referrals happily accepted.
[cid:image003.jpg at 01D34CC6.AFB49780]
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Message: 3
Date: Tue, 24 Oct 2017 16:34:45 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "wsbar" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] getting family members out - UD
Message-ID: <2B6C57B951BF43C68504896F5C74EAEC at JoshPC>
Content-Type: text/plain; charset="utf-8"
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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Message: 4
Date: Tue, 24 Oct 2017 23:44:34 +0000
From: Andrew Hay <andrewhay at washingtonlaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
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At least 59.12.170 allows an award of double damages, including rent.
Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA 98418
Phone: (253) 272-2400
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar
Subject: [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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Message: 5
Date: Wed, 25 Oct 2017 16:49:12 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
Message-ID:
<CY1PR1101MB12255F67B239D303D171EEA4D2440 at CY1PR1101MB1225.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Josh, I have evicted family members (step-daughter) and I had the parent post the notice on the bedroom door. Proceeded under 59.18 and 59.12 with no problems. Atty fees are allowed under 59.18 so don?t need it in a written lease.
[cid:image002.jpg at 01D34D75.B88654C0]
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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Message: 6
Date: Wed, 25 Oct 2017 10:14:26 -0700
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
Message-ID: <e9bf2ed103e98481e9c2545d6965a745 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
I have done a handful of similar evictions. Usually the failure to launch
deadbeat adult child living in the basement, a codependent mother and
usually a relative who is doing an intervention helping mom to pull the
trigger.
You have to be very specific on how you plead the description of the room
of the tenant to be evicted. The last thing you want is the Sheriff
evicting everybody in the house (including mom) as opposed to a specific
room. I've had the landlord/parent put a room number on the door and that
becomes part of the property description of the property on the writ of
restitution.
*Robert R. Rowley* | Attorney at Law
7 S. Howard St, Suite 218
Spokane, WA 99201
Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email: rob at rowleylegal.com
*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Paul Neumiller
*Sent:* Wednesday, October 25, 2017 9:49 AM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] getting family members out - UD
Josh, I have evicted family members (step-daughter) and I had the parent
post the notice on the bedroom door. Proceeded under 59.18 and 59.12 with
no problems. Atty fees are allowed under 59.18 so don?t need it in a
written lease.
*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com? <wsbarp-bounces at lists.wsbarppt.com>]
*On Behalf Of *Josh Grant
*Sent:* Tuesday, October 24, 2017 4:35 PM
*To:* wsbar <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the
agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it
doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an
agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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Message: 7
Date: Wed, 25 Oct 2017 11:04:30 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
Message-ID: <06A47673C36249C2B540522B5E8E679C at JoshPC>
Content-Type: text/plain; charset="utf-8"
Thanks.
I had a 3 day notice to pay or vacate personally served. It was entitled RCW 19.12.030 ... I wonder if I can now add 59.18 as an alternate on my complaint to pick up attorney fees?
Josh
From: Paul Neumiller
Sent: Wednesday, October 25, 2017 9:49 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] getting family members out - UD
Josh, I have evicted family members (step-daughter) and I had the parent post the notice on the bedroom door. Proceeded under 59.18 and 59.12 with no problems. Atty fees are allowed under 59.18 so don?t need it in a written lease.
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
--------------------------------------------------------------------------------
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Message: 8
Date: Wed, 25 Oct 2017 18:09:56 +0000
From: Bryce Dille <BryceD at cdb-law.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
Message-ID:
<DM5PR1201MB0137A48DABA44EE86DF809A78C440 at DM5PR1201MB0137.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
What steps do you take if you want to get out a tenant by sufferance where daughter of tenant moved it now landlord wants the daughter removed as she is causing problems but not the tenant who is his mother
[cid:image001.jpg at 01D1AB8F.1C8227E0]
Bryce H. Dille | Attorney at Law
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com?>
www.cdb-law.com<http://www.cdb-law.com/>
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.
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 Josh Grant
Sent: Wednesday, October 25, 2017 11:05 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] getting family members out - UD
Thanks.
I had a 3 day notice to pay or vacate personally served. It was entitled RCW 19.12.030 ... I wonder if I can now add 59.18 as an alternate on my complaint to pick up attorney fees?
Josh
From: Paul Neumiller<mailto:pneumiller at hotmail.com?>
Sent: Wednesday, October 25, 2017 9:49 AM
To: 'WSBA Real Property Listserv'<mailto:wsbarp at lists.wsbarppt.com?>
Subject: Re: [WSBARP] getting family members out - UD
Josh, I have evicted family members (step-daughter) and I had the parent post the notice on the bedroom door. Proceeded under 59.18 and 59.12 with no problems. Atty fees are allowed under 59.18 so don?t need it in a written lease.
[cid:image004.jpg at 01D34D81.C8FFBEC0]
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com?> [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com?>>
Subject: [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
________________________________
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com?>
http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 9
Date: Wed, 25 Oct 2017 18:26:39 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
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<CY1PR1101MB12258908E958583411C4E95BD2440 at CY1PR1101MB1225.namprd11.prod.outlook.com>
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You did it right. Remember that RCW 59.18 is just an overlay for RCW 59.12 for residential situations. RCW 59.12.030 applies in both commercial and residential situations. Ask for atty fees under RCW 59.18.410 in your pleadings.
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com?] On Behalf Of Josh Grant
Sent: Wednesday, October 25, 2017 11:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD
Thanks.
I had a 3 day notice to pay or vacate personally served. It was entitled RCW 19.12.030 ... I wonder if I can now add 59.18 as an alternate on my complaint to pick up attorney fees?
Josh
From: Paul Neumiller<mailto:pneumiller at hotmail.com?>
Sent: Wednesday, October 25, 2017 9:49 AM
To: 'WSBA Real Property Listserv'<mailto:wsbarp at lists.wsbarppt.com?>
Subject: Re: [WSBARP] getting family members out - UD
Josh, I have evicted family members (step-daughter) and I had the parent post the notice on the bedroom door. Proceeded under 59.18 and 59.12 with no problems. Atty fees are allowed under 59.18 so don?t need it in a written lease.
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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 Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com?>>
Subject: [WSBARP] getting family members out - UD
Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).
I am assuming that an UD action will work under RCW 5912 mainly because it doesn?t fit the definition of a Dwelling unit in 59.18.
I also assume that we can?t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19
Your thoughts?
Josh
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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