[WSBARP] Waste Statute of Limitations- Exceptions

Wed Feb 13 13:12:13 PST 2019

There are legal consequence to any attorney providing an “opinion”.  Clients
pay us money to consult and get our opinion on a legal issues.
Professionals which include lawyers, doctors, accountants, etc. collaborate
with colleagues, but at the end of the day each relies on their own
professional knowledge and experience. 

I suggest that next time you seek a medical opinion you go into the Doctors
lounge at the local hospital and ask all Doctors for their opinion. Let us
know how that goes.  

Best of Luck.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Dave B
Sent: Wednesday, February 13, 2019 12:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Well the plan now is to proceed pro se and see if I can get a court to
affirm what seems to be the case, that the statue of limitations runs from
when I first discovered the damage. Apparently no one's willing to even
discuss this since I don't have the appropriate credentials attached to my
name. My first sentence clearly indicates I'm seeking opinions, not
attorney-client consultation, "Go pay someone" and "You're not one of us so
go away" are the only opinions that you seem to want to share.

The concerns of liability are surprising given the audience, but
commensurate with my experience thus far.

You guys can go back to only helping each other, I'll get out of your
sandbox now...

On Wed, Feb 13, 2019 at 12:00 PM Sara D. Longley <sara at longley-law.pro
<mailto:sara at longley-law.pro> > wrote:

Two points: first, no attorney here has actually done any particular
research to determine what your rights are as regards your specific matter.
As such, it would be highly dangerous for you to rely on any general
statement of the law you have received here.  Our advice to one another is
predicated on the assumption that the recipient will do his/her own research
into how a law or a case or some other attorney’s experience applies to our
own clients’ situation.

Second, none of us signed up to provide free legal advice to people who are
not our clients; if we wanted to do that we would hang around AVVO’s lists
instead.  I strongly encourage you to hire an attorney to consult on your
matter and do the requisite research to give you an answer you can rely on.

All my best,

Sara Longley

Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

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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 Dave B
Sent: Wednesday, February 13, 2019 11:21 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Kerry,

I can see your point, though I must point out that my question seems
commensurate with other legal issues I've seen discussed on this list,
presumably for free. The main issue seems to be that I am not a lawyer and
I'm daring to seek discussion on this issue. For what it's worth I've had
two attorneys indicate that the statue of limitations runs when the
discovery takes place, or "reasonably" would have as previously mentioned,
so they at least notionally they agree with me. It's just that they've
provided cause for me to question the fullness of their understanding so I
was hoping to get just a little bit more information from the wealth of
experience that is this list.

On Wed, Feb 13, 2019 at 10:59 AM Kerry Richards <krichards at lawgate.net
<mailto:krichards at lawgate.net> > wrote:

Dear Dave B:

As Abraham Lincoln stated long ago, “A lawyer’s time is his stock in
trade”. You are seemingly unwilling to hire a lawyer to secure the advice
you require for your personal situation. Trying to find an opinion that
suits you from this list serve is similar to seeking new snow tires for your
car while refusing to pay the retailer. It just does not work that way. My
fellow list members have been nothing but polite, however, it is time for
you to spend some of your money to protect your interests, if in fact you
have interests to protect. Hire a lawyer and spend money seeking their
opinion. You will find the money well spent. 

Yours Truly,

Kerry A. Richards, Attorney

The Law Offices of Michael W. Bugni & Associates, PLLC

11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125

EMAIL: krichards at lawgate.net <mailto:krichards at lawgate.net> 

TEL: 206-365-5500

WEB:  <http://www.lawgate.net/> www.lawgate.net

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 Dave B
Sent: Wednesday, February 13, 2019 10:11 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Anyone can sign up and there is no moderator approval or probationary
period required. If you guys are paying dues for this you should lock that
down to keep the plebeians like me out of your sandbox...

On Wed, Feb 13, 2019 at 10:06 AM Justin Monro <justinm at monrolawfirm.com
<mailto:justinm at monrolawfirm.com> > wrote:

Maybe I missed something in the transfer on this listserve. But why are
non-members (public) of WSBARPPT allowed to contact this list serve and
request legal advice?  Don’t we pay dues to be members of this listserve
exclusively through the WSBA?

Thank you,

Justin Monro

Attorney at Law 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kathleen Hopkins
Sent: Wednesday, February 13, 2019 9:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

I recommend you go to Avvo.com; they have a general question board that is
open to the public and you can ask specific legal advice questions; this
listserv is not the appropriate forum for specific legal advice. 

Best of luck. 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Dave B
Sent: Wednesday, February 13, 2019 7:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Unincorporated Snohomish county, called the snoco bar referral to a similar
response. 

On Wed, Feb 13, 2019, 6:58 AM G. Geoffrey Gibbs
<ggibbs at andersonhunterlaw.com <mailto:ggibbs at andersonhunterlaw.com>  wrote:

Is the case King County (or where) ?

G. Geoffrey Gibbs | Anderson Hunter Law Firm 
2707 Colby Avenue, Ste. 1001  Everett, WA  98201

PO Box 5397, Everett, WA  98206-5397 
Phone: (425) 252-5161 | Fax: (425) 258-3345 
 <mailto:ggibbs at andersonhunterlaw.com> ggibbs at andersonhunterlaw.com /
www.andersonhunterlaw.com <http://www.andersonhunterlaw.com/>  

Error! Filename not specified.

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Dave B
Sent: Tuesday, February 12, 2019 5:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Indeed, I already have and was told there's not really anyone who
specializes in waste/timber trespass of that nature. One attorney I've
contacted was very interested, but seems to not have read the statutes they
quoted in reply (not recognizing the waste statute allows trebel damages),
though they did seem to agree about the statute of limitations. The best
recommendation I got was for an attorney representing my neighbor I'm
already having a dispute with... So I'm feeling kind of stuck now.

On Tue, Feb 12, 2019, 5:06 PM Kathleen Hopkins <khopkins at rp-lawgroup.com
<mailto:khopkins at rp-lawgroup.com>  wrote:

I recommend contacting the King County Bar Legal Referral Service for the
name of a real estate lawyer you might hire to help you with that question. 

Kathleen J. Hopkins 

Real Property Law Group, PLLC 

1326 Fifth Avenue, Suite 654 

Seattle, WA 98101 

Phone & Fax: (206) 625-0404 

email: khopkins at rp-lawgroup.com <mailto:khopkins at rp-lawgroup.com>  

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Dave B
Sent: Monday, February 11, 2019 1:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Naturally I would argue the latter, but that also seems to be the case from
what I've found so far regarding timber trespass. It would seem
inappropriate a developer is allowed to knowingly commit waste on adjacent
properties and simply hope no one notices for three years. Thanks for the
reply.

Dave

On Mon, Feb 11, 2019 at 12:24 PM Douglas Scott <doug at rainieradvocates.com
<mailto:doug at rainieradvocates.com> > wrote:

Your legal question is:   did the requisite statute of limitations occur
when the trees were cut or did it start upon the discovery or when a
discovery should have reasonably been made? The answer would require some
research. 

DOUGLAS W. SCOTT

Rainier Legal Advocates|LLC

Eastside Office

465 Rainier Blvd. N., Suite C | Issaquah, Washington 98027 | 425.392.8550
(tel) | 425.392.2829 (fax)

Seattle Office

12055 15th Ave NE | Seattle, Washington 98125 | 206.552.0785 (tel)

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On Mon, Feb 11, 2019 at 10:32 AM Dave B <bmcdave85 at gmail.com
<mailto:bmcdave85 at gmail.com> > wrote:

Hello, I came across this list and was hoping I could impose for some
opinions. I'm a homeowner in Snohomish County and have been doing research
for a dispute I'm having with a neighbor. As a result I've discovered waste
was committed on my property by the developer of several properties adjacent
to mine, they removed several significant boundary trees I was previously
unaware were on my property. I've found the site condition maps done at the
time that clearly document the tree locations, but the removal occurred
about 5 years ago. I'm wondering if I would still have an opportunity to
bring action against the developer since I've only just discovered the
injury? Thank you.

Dave

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