[WSBARP] real estate specific performance action strange process

[Craig Gourley]

We just had a similar situation recently and had to start a whole new case and re serve.  In our case the settlement had a venue clause that changed from the existing county to a different one.  We toyed with a several possible avenues to reopen the case but in the end elected to just start fresh. This is why I refuse, as part of settlement, to dismiss until the settlement terms have been completed.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, August 26, 2021 4:17 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

Thanks, Eric.

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

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: Thursday, August 26, 2021 4:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; KCBA Real Property, Probate and Trust Law Discussion List <realpropertyprobatetrustlaw at lists.kcba.org<mailto: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>

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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 Roger Hawkes
Sent: Thursday, August 26, 2021 3:34 PM
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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

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