[WSBARP] Damages for Violation of CC&Rs
tjw at w3net.net
tjw at w3net.net
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
The information contained in this e-mail and in any attached document(s) is
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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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