[WSBARP] WSBARP Digest, Vol 69, Issue 22

Stephen Whitehouse swhite8893 at aol.com
Mon Jun 22 13:10:22 PDT 2020


Suzanne,      Any action that would in any way lead to their removal from their residence is prohibited. I think Seattle of King County enacted something that is more onerous.
Steve

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


-----Original Message-----
To: wsbarp at lists.wsbarppt.com
Sent: Mon, Jun 22, 2020 12:00 pm
Subject: WSBARP Digest, Vol 69, Issue 22

Send WSBARP mailing list submissions to
    wsbarp at lists.wsbarppt.com

To subscribe or unsubscribe via the World Wide Web, visit
    http://mailman.fsr.com/mailman/listinfo/wsbarp
or, via email, send a message with subject or body 'help' to
    wsbarp-request at lists.wsbarppt.com

You can reach the person managing the list at
    wsbarp-owner at lists.wsbarppt.com

When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."


Today's Topics:

  1. Re: Ejectment Action (Suzanne Lieberman)
  2. Re: Ejectment Action (Eric Nelsen)
  3. Disclosure of Survey Results (Michael Brinell)


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

Message: 1
Date: Mon, 22 Jun 2020 06:05:09 -0700
From: Suzanne Lieberman <suzanne at cmslawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment Action
Message-ID:
    <CANbn39qGQryePbJrVmELuZ8D+K5FEbkESn9z6zj0Gis0zWKG0g at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Wow - interesting thread. For a fixed-term one-year lease (landlords simply
want to move back in once lease is up August 31), where tenant has not been
paying for several months, the moratorium would not apply, correct? What
are landlords' rights/best courses of action if tenant refuses to leave?

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206.383.6484 (Cell Phone)
206.659.1512 (Main Office)


Legal stuff I have to put in... *To ensure compliance with Treasury
Department and IRS regulations, we inform you that, unless expressly
indicated otherwise, any federal tax advice contained in this communication
(including any attachments) is not intended or written by CMS Law Firm LLC
to be used, and cannot be used by the taxpayer, for the purpose of: (i)
avoiding penalties that may be imposed on the taxpayer under the Internal
Revenue Code; or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein (or any attachments).*


On Fri, Jun 19, 2020 at 3:38 PM Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
wrote:

> Timothy -
>
> I had the exact thing happen to me. My client is still stuck even though
> the tenant was eventually arrested FOR MURDER and is now in jail. His
> girlfriend, however, who had been previously evicted by my client from
> another unit - moved in without my client's knowledge and now the
> Proclamation protects her. Completely nuts.
>
> I feel like a Zoom happy hour to swap war stories resulting from the 20-19
> series would be interesting.
>
> Kaitlyn
>
> On Fri, Jun 19, 2020 at 2:11 PM Timothy Lehr <timothy at stileslaw.com>
> wrote:
>
>> Understood. In my handful of cases it?s not worth the fight, but I?ve
>> been trying to wrap my mind around how all the pieces work together.
>>
>>
>>
>> For the sake of venting, I can?t help but feel confused on who has what
>> authority when it comes to a prosecutor effectively ?prohibiting? the
>> sheriff?s office from executing a signed order from a Judge. I ran into
>> that when the moratorium first began. We went though the eviction process
>> (at the beginning of March before any restrictions were in place) and
>> eventually received a signed writ of restitution which was delivered to the
>> sheriff?s office for execution, only to have the moratorium come into place
>> the *following* day. I received a call the following morning from the
>> Sheriff?s office stating that the county prosecutor would not allow
>> execution of the writ. I was baffled, and my client paid in time and money
>> for an toothless order.
>>
>>
>>
>> Anyway, thanks everyone for your comments. Much appreciated.
>>
>>
>>
>> *Timothy C. Lehr*
>>
>> Attorney at Law
>>
>> Stiles Law Inc., P.S.
>>
>>
>>
>> p:  360.855.0131
>>
>> e:  timothy at stileslaw.com
>>
>> w:  www.stileslaw.com
>>
>>
>>
>> *NOTICE*: The information contained in this email is proprietary and/or
>> confidential and may be privileged. If you are not the intended recipient
>> of this communication, you are hereby notified to : (i) delete the email
>> and all copies; (ii) not disclose, distribute or use the email in any
>> manner; (iii) notify the sender immediately. Thank you.
>>
>>
>>
>> *From:* Eric Lanza <eric at buzzardlaw.com>
>> *Sent:* Friday, June 19, 2020 1:41 PM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> The state?s position is that ejectments are covered under the
>> proclamation. I?ve had lengthy arguments (err?discussions) with the AG on
>> this. The proclamation is, in my mind, woefully crafted, but I?ll save my
>> personal feelings on the matter for another forum.
>>
>>
>>
>> The AG said they had no issue with a complaint to ?Quiet Title? --- as
>> that is just seeking a judicial determination of ownership of real
>> property. However, if you make the mistake of asking for a ?Writ of
>> Ejectment? in your complaint they are going to demand compliance with the
>> moratorium provisions. Nevermind the fact that ejectment and quiet title
>> are both governed by RCW 7.28 and are inextricably linked---the AG?s
>> position seemed to differentiate the two.
>>
>>
>>
>> They aren?t too keen on you moving for a judicial determination re: quiet
>> title, then waiting for the moratorium to end to apply for a writ of
>> ejectment. If your complaint asks for a writ of ejectment, you can?t take
>> any action in the case (you cant even present a motion for order of
>> default, according to the AAG I was dealing with).
>>
>>
>>
>> In short, you may be able to get away with a quiet title action as long
>> as you don?t mention the word ejectment in your pleadings. However,
>> fighting with the AG is likely futile and not worth the effort---I ended up
>> serving the 60 day notice as requested and am playing the waiting game like
>> everyone else.
>>
>>
>>
>> Eric J. Lanza, J.D.
>>
>>
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
>> *Sent:* Friday, June 19, 2020 1:31 PM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> Exactly.
>>
>>
>>
>> Not only would this fall under the broad protections of 20-19.2, but even
>> IF you can convince a Commissioner to sign the order, the Sheriff?s Office
>> will have their own prosecutor review the Commissioner?s order and do their
>> own determination of whether or not it violates 20-19.2 or other emergency
>> Order. If the Sheriff?s office vis-a-vis their own prosecutor decides they
>> don?t like it, they won?t carry the order out.
>>
>>
>>
>> Kaitlyn
>>
>>
>>
>> Sent from my iPhone
>>
>>
>>
>> On Jun 19, 2020, at 1:17 PM, Paul Neumiller <pneumiller at hotmail.com>
>> wrote:
>>
>> ?
>>
>> Yeah, what he said (but much more eloquently.)
>>
>>
>>
>>
>>
>> <image002.jpg>
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
>> *Sent:* Friday, June 19, 2020 1:06 PM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> I don't think so. I think ejectment is barred as well. The Governor's
>> proclamation does refer to those statutes, but the operative language is
>> much, much broader:
>>
>>
>>
>> WHEREAS, it is critical to protect *tenants and residents of traditional
>> dwellings* from homelessness, as well as those who have *lawfully
>> occupied or resided in less traditional dwelling situations for 14 days or
>> more, whether or not documented in a lease, including but not limited to
>> roommates who share a home; long-term care facilities; transient housing in
>> hotels and motels; ?Airbnbs?; motor homes; RVs; and camping areas*;
>>
>>
>>
>> ?            Landlords, property owners, and property managers are
>> prohibited from serving or enforcing, or threatening to serve or enforce,
>> any notice requiring *a resident to vacate any dwelling or parcel of
>> land occupied as a dwelling*, including but not limited to an eviction
>> notice, notice to pay or vacate, notice of unlawful detainer, notice of
>> termination of rental, or notice to comply or vacate. This prohibition
>> applies to tenancies or other housing arrangements that have expired or
>> that will expire during the effective period of this Proclamation. This
>> prohibition applies unless the landlord, property owner, or property
>> manager (a) attaches an affidavit attesting that the action is necessary to
>> respond to a significant and immediate risk to the health, safety, or
>> property of others created by the resident; or (b) provides at least 60
>> days? written notice of intent to (i) personally occupy the premises as a
>> primary residence, or (ii) sell the property.
>>
>> ?            Landlords, property owners, and property managers are
>> prohibited from seeking or enforcing, or threatening to seek or enforce,
>> judicial eviction orders *involving any dwelling or parcel of land
>> occupied as a dwelling*, unless the landlord, property owner, or
>> property manager (a) attaches an affidavit attesting that the action is
>> necessary to respond to a significant and immediate risk to the health,
>> safety, or property of others created by the resident; or (b) shows that at
>> least 60 days? written notice were provided of intent to (i) personally
>> occupy the premises as a primary residence, or (ii) sell the property.
>>
>> ?            Local law enforcement are prohibited from serving,
>> threatening to serve, or otherwise acting on eviction orders *affecting
>> any dwelling or parcel of land occupied as a dwelling*, unless...
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Eric
>>
>>
>>
>> Eric C. Nelsen
>>
>> Sayre Law Offices, PLLC
>>
>> 1417 31st Ave South
>>
>> Seattle WA 98144-3909
>>
>> 206-625-0092
>>
>> eric at sayrelawoffices.com
>>
>>
>>
>> *Covid-19 Update - *All attorneys are working remotely during regular
>> business hours and are available via email and by phone; please call the
>> Seattle office. Videoconferencing also is available. Signing of estate
>> planning documents can be completed and will be handled on a case-by-case
>> basis; please call the Seattle office.
>>
>>
>>
>> MAIL AND DELIVERIES can be received at the Seattle office. For any other
>> needed arrangements, please call the Seattle office.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Timothy Lehr
>> *Sent:* Friday, June 19, 2020 12:46 PM
>> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> The Governor?s moratorium and our local superior court orders
>> specifically reference RCW 59.12 and RCW 59.18 when setting out the
>> restrictions. They also repeatedly reference ?Evictions? and not ejectments
>> and make no mention to RCW 7.28.
>>
>>
>>
>> I would hope that?s enough to keep this issue outside of the orders?but
>> maybe not?
>>
>>
>>
>> *Timothy C. Lehr*
>>
>> Attorney at Law
>>
>> Stiles Law Inc., P.S.
>>
>>
>>
>> p:  360.855.0131
>>
>> e:  timothy at stileslaw.com
>>
>> w:  www.stileslaw.com
>> <https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.stileslaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333317485&sdata=E34thcFASTGF%2Bpamud0CtkxpsxHN4l5xEqHsSWD%2Fq%2Bo%3D&reserved=0>
>>
>>
>>
>> *NOTICE*: The information contained in this email is proprietary and/or
>> confidential and may be privileged. If you are not the intended recipient
>> of this communication, you are hereby notified to : (i) delete the email
>> and all copies; (ii) not disclose, distribute or use the email in any
>> manner; (iii) notify the sender immediately. Thank you.
>>
>>
>>
>> *From:* Bryce Dille <Bryce at dillelaw.com>
>> *Sent:* Friday, June 19, 2020 11:32 AM
>> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> What I did in a squatter situation was send the 60 days notice of sale of
>> property which does allow for evictions and was true as we are selling the
>> property out of an estate.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jeanne Dawes
>> *Sent:* Friday, June 19, 2020 11:18 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> You might consider contacting APS for financial exploitation if the
>> person is stealing from PC.
>>
>>
>>
>> *Jeanne*
>>
>>
>>
>> *Jeanne J.* *Dawes*
>>
>> Attorney at Law
>>
>> Gore & Grewe, P.S.
>>
>> 103 E. Indiana Avenue, Suite A
>>
>> Spokane, WA 99207-2317
>>
>> Voice:  509-326-7500
>>
>> Fax:      509-326-7503
>>
>> jjdawes at goregrewe.com
>>
>>
>>
>> <image006.jpg>
>>
>> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
>> CONFIDENTIAL.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Kaitlyn Jackson
>> *Sent:* Friday, June 19, 2020 10:42 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Ejectment Action
>>
>>
>>
>> The moratorium 20-19.2 covers this situation. His occupancy cannot be
>> terminated unless you can find an exception under the moratorium.
>>
>>
>>
>> Kaitlyn
>>
>>
>>
>> On Fri, Jun 19, 2020 at 10:16 AM Paul Neumiller <pneumiller at hotmail.com>
>> wrote:
>>
>> Possible defense?  Yeah, my local friendly sheriff refused to execute on
>> a signed Writ of Replevin issued by the court because, as in the words of
>> the county prosecutor, ?it smells like an eviction? because you are kicking
>> a person out of their home during the moratorium.
>>
>>
>>
>>
>>
>> <image007.jpg>
>>
>>
>>
>> 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.
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Timothy Lehr
>> *Sent:* Friday, June 19, 2020 9:56 AM
>> *To:* wsbarp at lists.wsbarppt.com
>> *Subject:* [WSBARP] Ejectment Action
>>
>>
>>
>> All,
>>
>>
>>
>> I have a PC with a pretty straightforward cause for an ejectment action,
>> as I see it. ? Occupant? was down on his luck and allowed to live in a
>> mobile home on PC?s property about two years ago. No rent was paid or asked
>> for. PC pays all utilities on the mobile. Occupant has now moved two
>> additional people in the mobile without approval. Occupant is becoming
>> aggressive and possibly has bi-polar disorder. He?s had multiple run-ins
>> with law enforcement and has a pretty long rap sheet. PCs have been taken
>> advantage of for some time (occupant has stolen multiple tools and other
>> items of PCs and pawned them) , are retired in their 80s and just want
>> occupants removed from property.
>>
>>
>>
>> I believe this falls under ejectment as opposed to eviction as there is
>> no LL-T relationship. Does anyone have basic pleadings for an ejectment
>> action that they would be willing to share and/or any practical advice on
>> what to watch out for (possible defenses) for such an action? I regularly
>> represent landlords in eviction proceedings, but have yet to dive into an
>> ejectment.
>>
>>
>>
>> Thank you!
>>
>>
>>
>> *Timothy C. Lehr*
>>
>> Attorney at Law
>>
>> Stiles Law Inc., P.S.
>>
>>
>>
>> p:  360.855.0131
>>
>> e:  timothy at stileslaw.com
>>
>> w:  www.stileslaw.com
>> <https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.stileslaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333327483&sdata=yFm7sdncNiwgr2KgAhzsaJRimcxdE6M4OTObna9LO6U%3D&reserved=0>
>>
>>
>>
>> *NOTICE*: The information contained in this email is proprietary and/or
>> confidential and may be privileged. If you are not the intended recipient
>> of this communication, you are hereby notified to : (i) delete the email
>> and all copies; (ii) not disclose, distribute or use the email in any
>> manner; (iii) notify the sender immediately. Thank you.
>>
>>
>>
>>
>> ------------------------------
>>
>> <image008.jpg>
>> <https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333337478&sdata=u87B0OFPdyvU6srVHONpGfqGNfiywPcZplZnDxzsRXE%3D&reserved=0>
>>
>>
>>
>> This email has been checked for viruses by AVG antivirus software.
>> www.avg.com
>> <https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333347472&sdata=a2WweyTf9JKcalYEoo0FbXJ5diriTSUH3GJH6zXqQSo%3D&reserved=0>
>>
>>
>>
>> ***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.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>> <https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333357469&sdata=DfDewwGgEsXEVcC%2Ff2%2FIu5rootqb%2Br95s10xYv3DmII%3D&reserved=0>
>>
>>
>>
>>
>> --
>>
>> Thank you,
>>
>>
>> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
>> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>>
>> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com|
>> <kaitlyn at dimensionlaw.com%7C>* www.dimensionlaw.com
>> <https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333367461&sdata=fqfA%2Bco4H5TOHrxzhv6Db0qwi89sTnZmJKmP5WVIljw%3D&reserved=0>
>>
>>
>>
>> Covid-19 Update - Dimension Law Group remains available to serve our
>> clients and the public during this time, subject to the orders and
>> recommendations of government authority.
>>
>> All attorneys and staff are working remotely regular business hours and
>> are available via email and by phone. Videoconferencing also is available. We
>> will continue to advise and support our clients throughout this health
>> emergency.
>>
>>
>> PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is
>> intended only for the use of the individual or entity named above and may
>> contain privileged or confidential information. If you are not the intended
>> recipient, or the employee or agent responsible to deliver it to the
>> intended recipient, you are notified that any review, dissemination,
>> distribution or copying of this e-mail is prohibited. Attempts to intercept
>> this message are in violation of 18 USC 2511(1) of the Electronic
>> Communications Privacy Act, which subjects the interceptor to fines,
>> imprisonment and/or civil damages. If you have received this e-mail in
>> error, please immediately notify us by e-mail, facsimile, or telephone;
>> return the e-mail to us at the e-mail address below; and destroy all paper
>> and electronic copies. Any settlement offer contained herein is made
>> pursuant to Washington ER 408, and without admitting fault or liability on
>> the part of this firm?s client(s) or its agents.  IRS CIRCULAR 230
>> DISCLAIMER:  To ensure compliance with requirements imposed by the IRS,
>> I inform you that any U.S. tax advice contained in this communication
>> (including any attachments) is not intended or written to be used, and
>> cannot be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code; or (ii) promoting, marketing or recommending to
>> another party any transaction or tax-related matter addressed herein.
>>
>> ***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.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>
>>
>> PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is
>> intended only for the use of the individual or entity named above and may
>> contain privileged or confidential information. If you are not the intended
>> recipient, or the employee or agent responsible to deliver it to the
>> intended recipient, you are notified that any review, dissemination,
>> distribution or copying of this e-mail is prohibited. Attempts to intercept
>> this message are in violation of 18 USC 2511(1) of the Electronic
>> Communications Privacy Act, which subjects the interceptor to fines,
>> imprisonment and/or civil damages. If you have received this e-mail in
>> error, please immediately notify us by e-mail, facsimile, or telephone;
>> return the e-mail to us at the e-mail address below; and destroy all paper
>> and electronic copies. Any settlement offer contained herein is made
>> pursuant to Washington ER 408, and without admitting fault or liability on
>> the part of this firm?s client(s) or its agents.  IRS CIRCULAR 230
>> DISCLAIMER:  To ensure compliance with requirements imposed by the IRS,
>> I inform you that any U.S. tax advice contained in this communication
>> (including any attachments) is not intended or written to be used, and
>> cannot be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code; or (ii) promoting, marketing or recommending to
>> another party any transaction or tax-related matter addressed herein.
>> ***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.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> --
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
> www.dimensionlaw.com
>
> Covid-19 Update - Dimension Law Group remains available to serve our
> clients and the public during this time, subject to the orders and
> recommendations of government authority.
>
> All attorneys and staff are working remotely regular business hours and
> are available via email and by phone. Videoconferencing also is available. We
> will continue to advise and support our clients throughout this health
> emergency.
>
> PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is
> intended only for the use of the individual or entity named above and may
> contain privileged or confidential information. If you are not the intended
> recipient, or the employee or agent responsible to deliver it to the
> intended recipient, you are notified that any review, dissemination,
> distribution or copying of this e-mail is prohibited. Attempts to intercept
> this message are in violation of 18 USC 2511(1) of the Electronic
> Communications Privacy Act, which subjects the interceptor to fines,
> imprisonment and/or civil damages. If you have received this e-mail in
> error, please immediately notify us by e-mail, facsimile, or telephone;
> return the e-mail to us at the e-mail address below; and destroy all paper
> and electronic copies. Any settlement offer contained herein is made
> pursuant to Washington ER 408, and without admitting fault or liability on
> the part of this firm?s client(s) or its agents.  IRS CIRCULAR 230
> DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I
> inform you that any U.S. tax advice contained in this communication
> (including any attachments) is not intended or written to be used, and
> cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code; or (ii) promoting, marketing or recommending to
> another party any transaction or tax-related matter addressed herein.
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/335bd40e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 184959 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/335bd40e/image001-0001.png>

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

Message: 2
Date: Mon, 22 Jun 2020 16:49:55 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment Action
Message-ID:
    <57DC2058F333E340877E551711127784A42F9CE0 at SBS2011.SayreLawOffices.local>
    
Content-Type: text/plain; charset="utf-8"

The moratorium does include the situation where a lease has expired and the tenant refuses to leave, BUT one of the few exceptions is the owner intending to move back in as their primary residence, and so long as owner gives 60 days' notice.

In the first section quoted below, it says " This prohibition applies to tenancies or other housing arrangements that have expired or that will expire during the effective period of this Proclamation."

In the second section: "Property owners...are prohibited from seeking or enforcing, or threatening to seek or enforce, judicial eviction orders involving any dwelling or parcel of land occupied as a dwelling, unless the...property owner...shows that at least 60 days? written notice were provided of intent to (i) personally occupy the premises as a primary residence...."

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, June 22, 2020 6:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment Action

Wow - interesting thread. For a fixed-term one-year lease (landlords simply want to move back in once lease is up August 31), where tenant has not been paying for several months, the moratorium would not apply, correct? What are landlords' rights/best courses of action if tenant refuses to leave?

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206.383.6484 (Cell Phone)
206.659.1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).


On Fri, Jun 19, 2020 at 3:38 PM Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
Timothy -

I had the exact thing happen to me. My client is still stuck even though the tenant was eventually arrested FOR MURDER and is now in jail. His girlfriend, however, who had been previously evicted by my client from another unit - moved in without my client's knowledge and now the Proclamation protects her. Completely nuts.

I feel like a Zoom happy hour to swap war stories resulting from the 20-19 series would be interesting.

Kaitlyn

On Fri, Jun 19, 2020 at 2:11 PM Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>> wrote:
Understood. In my handful of cases it?s not worth the fight, but I?ve been trying to wrap my mind around how all the pieces work together.

For the sake of venting, I can?t help but feel confused on who has what authority when it comes to a prosecutor effectively ?prohibiting? the sheriff?s office from executing a signed order from a Judge. I ran into that when the moratorium first began. We went though the eviction process (at the beginning of March before any restrictions were in place) and eventually received a signed writ of restitution which was delivered to the sheriff?s office for execution, only to have the moratorium come into place the following day. I received a call the following morning from the Sheriff?s office stating that the county prosecutor would not allow execution of the writ. I was baffled, and my client paid in time and money for an toothless order.

Anyway, thanks everyone for your comments. Much appreciated.

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:  360.855.0131
e:  timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

From: Eric Lanza <eric at buzzardlaw.com<mailto:eric at buzzardlaw.com>>
Sent: Friday, June 19, 2020 1:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

The state?s position is that ejectments are covered under the proclamation. I?ve had lengthy arguments (err?discussions) with the AG on this. The proclamation is, in my mind, woefully crafted, but I?ll save my personal feelings on the matter for another forum.

The AG said they had no issue with a complaint to ?Quiet Title? --- as that is just seeking a judicial determination of ownership of real property. However, if you make the mistake of asking for a ?Writ of Ejectment? in your complaint they are going to demand compliance with the moratorium provisions. Nevermind the fact that ejectment and quiet title are both governed by RCW 7.28 and are inextricably linked---the AG?s position seemed to differentiate the two.

They aren?t too keen on you moving for a judicial determination re: quiet title, then waiting for the moratorium to end to apply for a writ of ejectment. If your complaint asks for a writ of ejectment, you can?t take any action in the case (you cant even present a motion for order of default, according to the AAG I was dealing with).

In short, you may be able to get away with a quiet title action as long as you don?t mention the word ejectment in your pleadings. However, fighting with the AG is likely futile and not worth the effort---I ended up serving the 60 day notice as requested and am playing the waiting game like everyone else.

Eric J. Lanza, J.D.

[cid:image001.png at 01D6487A.7B502BF0]


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 Kaitlyn Jackson
Sent: Friday, June 19, 2020 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

Exactly.

Not only would this fall under the broad protections of 20-19.2, but even IF you can convince a Commissioner to sign the order, the Sheriff?s Office will have their own prosecutor review the Commissioner?s order and do their own determination of whether or not it violates 20-19.2 or other emergency Order. If the Sheriff?s office vis-a-vis their own prosecutor decides they don?t like it, they won?t carry the order out.

Kaitlyn

Sent from my iPhone

On Jun 19, 2020, at 1:17 PM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
?
Yeah, what he said (but much more eloquently.)


<image002.jpg>


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 Eric Nelsen
Sent: Friday, June 19, 2020 1:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

I don't think so. I think ejectment is barred as well. The Governor's proclamation does refer to those statutes, but the operative language is much, much broader:

WHEREAS, it is critical to protect tenants and residents of traditional dwellings from homelessness, as well as those who have lawfully occupied or resided in less traditional dwelling situations for 14 days or more, whether or not documented in a lease, including but not limited to roommates who share a home; long-term care facilities; transient housing in hotels and motels; ?Airbnbs?; motor homes; RVs; and camping areas;

?            Landlords, property owners, and property managers are prohibited from serving or enforcing, or threatening to serve or enforce, any notice requiring a resident to vacate any dwelling or parcel of land occupied as a dwelling, including but not limited to an eviction notice, notice to pay or vacate, notice of unlawful detainer, notice of termination of rental, or notice to comply or vacate. This prohibition applies to tenancies or other housing arrangements that have expired or that will expire during the effective period of this Proclamation. This prohibition applies unless the landlord, property owner, or property manager (a) attaches an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident; or (b) provides at least 60 days? written notice of intent to (i) personally occupy the premises as a primary residence, or (ii) sell the property.
?            Landlords, property owners, and property managers are prohibited from seeking or enforcing, or threatening to seek or enforce, judicial eviction orders involving any dwelling or parcel of land occupied as a dwelling, unless the landlord, property owner, or property manager (a) attaches an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident; or (b) shows that at least 60 days? written notice were provided of intent to (i) personally occupy the premises as a primary residence, or (ii) sell the property.
?            Local law enforcement are prohibited from serving, threatening to serve, or otherwise acting on eviction orders affecting any dwelling or parcel of land occupied as a dwelling, unless...

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

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 Timothy Lehr
Sent: Friday, June 19, 2020 12:46 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

The Governor?s moratorium and our local superior court orders specifically reference RCW 59.12 and RCW 59.18 when setting out the restrictions. They also repeatedly reference ?Evictions? and not ejectments and make no mention to RCW 7.28.

I would hope that?s enough to keep this issue outside of the orders?but maybe not?

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:  360.855.0131
e:  timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.stileslaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333317485&sdata=E34thcFASTGF%2Bpamud0CtkxpsxHN4l5xEqHsSWD%2Fq%2Bo%3D&reserved=0>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

From: Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>>
Sent: Friday, June 19, 2020 11:32 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

What I did in a squatter situation was send the 60 days notice of sale of property which does allow for evictions and was true as we are selling the property out of an estate.

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 Jeanne Dawes
Sent: Friday, June 19, 2020 11:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

You might consider contacting APS for financial exploitation if the person is stealing from PC.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

<image006.jpg>
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, June 19, 2020 10:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Ejectment Action

The moratorium 20-19.2 covers this situation. His occupancy cannot be terminated unless you can find an exception under the moratorium.

Kaitlyn

On Fri, Jun 19, 2020 at 10:16 AM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Possible defense?  Yeah, my local friendly sheriff refused to execute on a signed Writ of Replevin issued by the court because, as in the words of the county prosecutor, ?it smells like an eviction? because you are kicking a person out of their home during the moratorium.


<image007.jpg>

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.


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 Timothy Lehr
Sent: Friday, June 19, 2020 9:56 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ejectment Action

All,

I have a PC with a pretty straightforward cause for an ejectment action, as I see it. ? Occupant? was down on his luck and allowed to live in a mobile home on PC?s property about two years ago. No rent was paid or asked for. PC pays all utilities on the mobile. Occupant has now moved two additional people in the mobile without approval. Occupant is becoming aggressive and possibly has bi-polar disorder. He?s had multiple run-ins with law enforcement and has a pretty long rap sheet. PCs have been taken advantage of for some time (occupant has stolen multiple tools and other items of PCs and pawned them) , are retired in their 80s and just want occupants removed from property.

I believe this falls under ejectment as opposed to eviction as there is no LL-T relationship. Does anyone have basic pleadings for an ejectment action that they would be willing to share and/or any practical advice on what to watch out for (possible defenses) for such an action? I regularly represent landlords in eviction proceedings, but have yet to dive into an ejectment.

Thank you!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:  360.855.0131
e:  timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.stileslaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333327483&sdata=yFm7sdncNiwgr2KgAhzsaJRimcxdE6M4OTObna9LO6U%3D&reserved=0>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.


________________________________
<image008.jpg><https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333337478&sdata=u87B0OFPdyvU6srVHONpGfqGNfiywPcZplZnDxzsRXE%3D&reserved=0>



This email has been checked for viruses by AVG antivirus software.
www.avg.com<https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avg.com%2Finternet-security&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333347472&sdata=a2WweyTf9JKcalYEoo0FbXJ5diriTSUH3GJH6zXqQSo%3D&reserved=0>


***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333357469&sdata=DfDewwGgEsXEVcC%2Ff2%2FIu5rootqb%2Br95s10xYv3DmII%3D&reserved=0>


--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com%7C> www.dimensionlaw.com<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=02%7C01%7C%7C533ef8b56aa54750de9808d8148cd17f%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637281942333367461&sdata=fqfA%2Bco4H5TOHrxzhv6Db0qwi89sTnZmJKmP5WVIljw%3D&reserved=0>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp


--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
 IRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/69e35f14/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 184959 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/69e35f14/image001-0001.png>

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

Message: 3
Date: Mon, 22 Jun 2020 18:53:33 +0000
From: Michael Brinell <mbrinell at protonmail.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Disclosure of Survey Results
Message-ID:
    <jh-J5zgnWhjGqDV8tN2nF-IZrQUAtC4lLTxa0y5RYMimcdeZu1T77ovFzXPE2APwMCuB2N-2Nl9EIeyeCWgId4981cynJe2Z-JqaTh_5UhY=@protonmail.com>
    
Content-Type: text/plain; charset="utf-8"

Listmates,

Clients own several properties in a row and a developer of the adjacent property has removed several trees from them without their consent. Developer has provided surveys that showed they knew the trees were not on their property prior to their removal.

Did the developers have a duty to disclose the fact clients owned the trees prior to their removal? Has anyone dealt with something similar? I'd appreciate any insights, thanks.

Michael

Michael T. Brinell

Attorney at Law

PO Box 32364

Seattle, WA 98273

Tel. 360.986.6534

CONFIDENTIALITY

The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender atmbrinell at protonmail.comThank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/05528235/attachment-0001.html>

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

***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp

End of WSBARP Digest, Vol 69, Issue 22
**************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200622/99fc5805/attachment.html>


More information about the WSBARP mailing list