[WSBARP] real estate specific performance action strange process

[scott at scottgthomaslaw.com]

If there is no disagreement as to the validity of the settlement agreement,
bring a motion to enforce pursuant to CR 2A under the old cause number.  You
may have to incorporate a motion to re-open the case.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Thursday, August 26, 2021 4:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; KCBA Real
Property, Probate and Trust Law Discussion List
<realpropertyprobatetrustlaw at lists.kcba.org>
Subject: Re: [WSBARP] real estate specific performance action strange
process

 

If the case was dismissed, I think this is a whole new action based on
breach of the settlement contract. Would need a new case number and a new
lis pendens.

 

I don't know if it's even possible to undo a dismissal? I guess that would
be, maybe, a motion to vacate the order of dismissal under CR 59, or motion
to vacate under CR 60? If it can be shoehorned into the grounds under either
of those rules...

 

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. Videoconferencing also is
available. Signing of estate planning documents can be completed and will be
handled on a case-by-case basis. Please direct mail and deliveries to 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 Roger Hawkes
Sent: Thursday, August 26, 2021 3:34 PM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >; WSAJgeneralpractice
<wsajgeneralpractice at lists.wa.membercentral.org
<mailto:wsajgeneralpractice at lists.wa.membercentral.org> >; KCBA Real
Property, Probate and Trust Law Discussion List
<realpropertyprobatetrustlaw at lists.kcba.org
<mailto:realpropertyprobatetrustlaw at lists.kcba.org> >
Subject: [WSBARP] real estate specific performance action strange process

 

Real estate action resulted in a settlement wherein one party was to buy the
other party's rental home; dismissal of the action was conditioned on
dismissal of the action before sale was completed; of course, seller
breached, essentially reneging, after dismissal of the lawsuit and lis
pendens.  Can the lawsuit re reinstituted under old cause number?  What
process?

 

Is it legal to file lis pendens based on the dismissed lawsuit?  We suspect
seller has some nefarious activity up his sleeve.

 

Roger Hawkes, WSBA # 5173

Hawkes Law Firm and Sultan Lawyers

19944 Ballinger Way NE, Shoreline, WA 98155 and

423 Main, Sultan, WA 98294

206 367 5000

360 799 6438

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210826/21e47b85/attachment.html>