[WSBARP] WSBARP Digest, Vol 60, Issue 2

Wed Sep 4 12:13:41 PDT 2019

Mike,      Are you considering a courthouse sale? I try to avoid that as it leaves the parties very vulnerable. I noted some time back that there was a note in the real property deskbook that the writer was getting courts to agree to just a private sale through an agent, which makes a lot of sense since it has a better chance of maximizing the return. I have gotten the court here to do that several times. If a party is non-cooperative, then I have a receiver appointed to take control of the property, and provide that person with all sorts of specific authority as the circumstances require. I then have the final sale subject to court approval.
Steve      

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Sep 4, 2019 12:01 pm
Subject: WSBARP Digest, Vol 60, Issue 2

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Today's Topics:

  1. Referee for Partition Sale of Property on Whidbey Island
      (Mike Jacobs)
  2. Re: Referee for Partition Sale of Property on Whidbey    Island
      (Paul Neumiller)
  3. Litigators - Atty Fees Request (Paul Neumiller)
  4. Re: Litigators - Atty Fees Request (scott at scottgthomaslaw.com)
  5. Re: Litigators - Atty Fees Request (Patrick McDonald)
  6. Re: Litigators - Atty Fees Request (Paul Neumiller)

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Message: 1
Date: Tue, 3 Sep 2019 21:59:50 +0000
From: Mike Jacobs <mikej at riachgese.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Referee for Partition Sale of Property on Whidbey
    Island
Message-ID:
    <4C1321DBD72A0E4DA2DF41D9DF22995601CEE34908 at MAIN.rgsw.local>
Content-Type: text/plain; charset="us-ascii"

Greetings,

I am in need of  a referee to conduct a partition sale on Whidbey Island.  Any suggestions or referrals would be appreciated.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

REPRESENTING OUR COMMUNITY SINCE 1959

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

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Message: 2
Date: Tue, 3 Sep 2019 22:23:09 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Referee for Partition Sale of Property on
    Whidbey    Island
Message-ID:
    <MWHPR11MB159756F101987CDF8536E9D4D2B90 at MWHPR11MB1597.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I was talking to Jacob ("Jake") Cohen a couple of months ago and he told me that he had been a referee several times in partition actions.  https://www.attorneyoakharbor.com/bios

[cid:image002.jpg at 01D5626B.66C3AC20]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mike Jacobs
Sent: Tuesday, September 3, 2019 3:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Referee for Partition Sale of Property on Whidbey Island

Greetings,

I am in need of  a referee to conduct a partition sale on Whidbey Island.  Any suggestions or referrals would be appreciated.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

REPRESENTING OUR COMMUNITY SINCE 1959

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

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Message: 3
Date: Wed, 4 Sep 2019 00:17:57 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Litigators - Atty Fees Request
Message-ID:
    <MWHPR11MB159794A222B57A4BE419699ED2B80 at MWHPR11MB1597.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="iso-8859-1"

Hey All, I know that I'm not supposed to bring up settlement discussions during litigation but we are at the end of arbitration and the arbitrator has asked for atty fees requests.  I want to show that the opposing party did not improve on a settlement offer I made in open court many months ago (prior to mediation and arbitration) feeling that all attorney fees incurred after that point was a result of not accepting that settlement offer.  Am I able to use settlement talks and an offer made in open court now that a decision has been made on the merits of the case and the sole issue remaining is the award of atty fees?  Thanks for your input.  

IMPORTANT NOTICE:? This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.
?

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Message: 4
Date: Wed, 4 Sep 2019 08:08:18 -0700
From: <scott at scottgthomaslaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request
Message-ID: <004001d56332$95bcca30$c1365e90$@scottgthomaslaw.com>
Content-Type: text/plain;    charset="iso-8859-1"

I think I would try to get it in.  By its terms, ER 408 restricts evidence
of an offer to prove or disprove liability.  I would argue that evidence of
a settlement offer falls under the "another purpose" exception.  An offer of
judgment has to be served, and so you still have that issue to wrestle with.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Tuesday, September 3, 2019 5:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators - Atty Fees Request

Hey All, I know that I'm not supposed to bring up settlement discussions
during litigation but we are at the end of arbitration and the arbitrator
has asked for atty fees requests.  I want to show that the opposing party
did not improve on a settlement offer I made in open court many months ago
(prior to mediation and arbitration) feeling that all attorney fees incurred
after that point was a result of not accepting that settlement offer.  Am I
able to use settlement talks and an offer made in open court now that a
decision has been made on the merits of the case and the sole issue
remaining is the award of atty fees?  Thanks for your input.  

IMPORTANT NOTICE:? This e-mail message is intended to be received only by
persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain
information that is confidential and legally privileged; e-mail messages to
non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the
intended recipient of it. If you have received this message in error, please
forward it back to the sender and delete it completely from your computer
system.

E-mail communication on the Internet may NOT be secure. There is a risk that
this confidential communication may be intercepted illegally. There may also
be a risk of waiving attorney-client and/or work-product privileges that may
attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.
?

------------------------------

Message: 5
Date: Wed, 4 Sep 2019 15:43:53 +0000
From: Patrick McDonald <pmcdonald at podymcdonaldlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request
Message-ID:
    <MWHPR1301MB19672B9872B104E41D6086DABDB80 at MWHPR1301MB1967.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="iso-8859-1"

Paul, 

Except for CR 68 (for costs) or RCW 4.84.250 (for fees in actions of less than $10,000), I'm not aware of a basis to seek attorney fees and costs accrued after a settlement offer on the sole basis that the opposing party did not accept a settlement offer and subsequently did not get a better result at trial. Otherwise, there would need to be a statute, contractual provision, or recognized ground in equity to award fees to the prevailing party. 

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott at scottgthomaslaw.com
Sent: September 4, 2019 8:08 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request

I think I would try to get it in.  By its terms, ER 408 restricts evidence of an offer to prove or disprove liability.  I would argue that evidence of a settlement offer falls under the "another purpose" exception.  An offer of judgment has to be served, and so you still have that issue to wrestle with.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Tuesday, September 3, 2019 5:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators - Atty Fees Request

Hey All, I know that I'm not supposed to bring up settlement discussions during litigation but we are at the end of arbitration and the arbitrator has asked for atty fees requests.  I want to show that the opposing party did not improve on a settlement offer I made in open court many months ago (prior to mediation and arbitration) feeling that all attorney fees incurred after that point was a result of not accepting that settlement offer.  Am I able to use settlement talks and an offer made in open court now that a decision has been made on the merits of the case and the sole issue remaining is the award of atty fees?  Thanks for your input.  

IMPORTANT NOTICE:? This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.
?

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------------------------------

Message: 6
Date: Wed, 4 Sep 2019 17:47:30 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request
Message-ID:
    <MWHPR11MB159738B4E835AD1FF620E1A4D2B80 at MWHPR11MB1597.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="iso-8859-1"

This is a TEDRA action:  RCW 11.96A. 150(1):  ("Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.")

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Patrick McDonald
Sent: Wednesday, September 4, 2019 8:44 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request

Paul, 

Except for CR 68 (for costs) or RCW 4.84.250 (for fees in actions of less than $10,000), I'm not aware of a basis to seek attorney fees and costs accrued after a settlement offer on the sole basis that the opposing party did not accept a settlement offer and subsequently did not get a better result at trial. Otherwise, there would need to be a statute, contractual provision, or recognized ground in equity to award fees to the prevailing party. 

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott at scottgthomaslaw.com
Sent: September 4, 2019 8:08 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigators - Atty Fees Request

I think I would try to get it in.  By its terms, ER 408 restricts evidence of an offer to prove or disprove liability.  I would argue that evidence of a settlement offer falls under the "another purpose" exception.  An offer of judgment has to be served, and so you still have that issue to wrestle with.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Tuesday, September 3, 2019 5:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators - Atty Fees Request

Hey All, I know that I'm not supposed to bring up settlement discussions during litigation but we are at the end of arbitration and the arbitrator has asked for atty fees requests.  I want to show that the opposing party did not improve on a settlement offer I made in open court many months ago (prior to mediation and arbitration) feeling that all attorney fees incurred after that point was a result of not accepting that settlement offer.  Am I able to use settlement talks and an offer made in open court now that a decision has been made on the merits of the case and the sole issue remaining is the award of atty fees?  Thanks for your input.  

IMPORTANT NOTICE:? This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.
?

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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End of WSBARP Digest, Vol 60, Issue 2
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