[WSBARP] Damages for Violation of CC&Rs

Mon Oct 7 16:51:48 PDT 2019

Hey Cat,

The damage is a daily damage; each day is like a new day of damages. So, how
much would it take for someone to be reasonably compensated for the injury
due to the violation.

Washington recognizes the theory of continuing torts. See Island Lime Co. v.
Seattle, 122 Wash. 632, 211 P. 285 (1922) (nuisance); Doran v. City of
Seattle, 24 Wash. 182, 183, 64 P. 230 (1901) (negligence); Fradkin v.
Northshore Util. Dist., 96 Wn.App. 118, 977 P.2d 1265 (1999) (trespass).
When a tort is continuing, the "statute of limitations runs from the date
each successive cause of action accrues as manifested by actual and
substantial damages." Id. at 125. A tort is continuing if the intrusive
condition is reasonably abatable and not permanent. Id. The tort continues
until the intrusive substance or behavior is removed. Bradley v. Am.
Smelting & Refining Co., 104 Wn.2d 677, 693, 709 P.2d 782 (1985); Pac. Sound
Res. v. Burlington N. Santa Fe Ry. Corp., 130 Wn.App. 926, 941, 125 P.3d
981, 989 (2005).

Hope this helps lead you where you want to go.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee, Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com <mailto:tjw at buddbaylaw.com> 

Skype: thomas.westbrook

www.buddbaylaw.com <http://www.buddbaylaw.com/> 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Catherine Clark
Sent: Monday, October 7, 2019 4:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Damages for Violation of CC&Rs

Yes, the court agrees that both have occurred.  We are at the damages stage.
The CC&R violated is a noise and vibration provision

Catherine "Cat" Clark

Law Office of Catherine C. Clark PLLC

2200 Sixth Avenue, Suite 1250

Seattle, WA 98121

Phone:  (206) 838-2528

Cell:  (206) 409-8938

Fax: (206) 374-3003

Email:  cat at loccc.com <mailto:cat at loccc.com> 

NOTICE: The information contained in this electronic information
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Thank you.

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 Michael Brandt
Sent: Monday, October 07, 2019 4:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Damages for Violation of CC&Rs

Catherine:

It depends what the violation is and what impact it is having on your
clients.  What provision is being violated? Is the harm quantifiable?

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

206.441.5739

206.299.9115 (fax)

 <http://www.brandtlawgroup.com/> www.brandtlawgroup.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 Catherine Clark
Sent: Monday, October 7, 2019 3:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Damages for Violation of CC&Rs

All:

We have a case in which we have claimed a violation of CC&Rs.  The court
agrees that the CC&Rs have been violated.  We are headed to trial on damages
as a result of the breach.

How would you monetize an ongoing CC&R violation?  A daily rate?  DIV to the
subject property?  Other?

All thoughts appreciated.

Thanks.

Catherine "Cat" Clark

Law Office of Catherine C. Clark PLLC

2200 Sixth Avenue, Suite 1250

Seattle, WA 98121

Phone:  (206) 838-2528

Cell:  (206) 409-8938

Fax: (206) 374-3003

Email:  cat at loccc.com <mailto:cat at loccc.com> 

NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any use, dissemination, distribution or copying
of this communication is prohibited.  If you received this communication in
error, please immediately notify the sender by telephone at (206) 838-2528.
Thank you.

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