[WSBARP] Converting UD to Civil Action

Tue Apr 12 17:41:22 PDT 2022

I've also had success with motions to convert and paid no extra filing fee.
I've attached copies of the motion and order I've used. The first time I
did this was just after Castellon came out, and I had to convince the judge
it was possible to convert the case, hence the detail in the pleadings.

One bridge I haven't crossed is whether an amended summons needs to be
issued and served. I think there is an argument to be made that it's
required, and I'd love to hear opinions on that.

*UPDATED MARCH 14, 2022 - COVID-19 message: ** If you have an in-person
appointment or are planning to come to our office, please read.
<https://lucentlaw.com/a-message-from-lucent-law-regarding-covid-19/>*

Spencer A. W. Stromberg
Attorney at Law

1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.828.4644
F: +1.509.455.3718 (must dial 1 before area code)
E: spencer at lucentlaw.com
Web: www.lucentlaw.com

Schedule a phone call or meeting with me <https://calendly.com/spencer-s>

*Lucent Law provides comprehensive legal services in the areas of real
estate, business law, and wills, trusts, and estates. Additionally, Lucent
Law's EssentialLaw online platform
<https://lucentlaw.com/essentiallaw/> provides defined scope legal services
that are easy to understand and simple to purchase, all at reasonable fixed
prices.*

CONFIDENTIALITY NOTICE: This email and any attachments are confidential and
may be protected by legal privilege. If you are not the intended recipient,
be aware that any disclosure, copying or distribution, or use of this email
or any attachment is prohibited. If you have received this email in error,
please notify me and delete it from your system.

On Tue, Apr 12, 2022 at 8:48 AM Lenard Wittlake <lwlaw at my180.net> wrote:

> As for conversion of UD to ordinary civil case, here is what Div III said
> in the attached case:
>
>
>
> The power to convert an unlawful detainer action into a general action for
> damages
>
> lies exclusively with the trial court. *Id*. at 47 (“[T]he *trial court*
> has inherent power to
>
> fashion the method by which an unlawful detainer action is converted to an
> ordinary civil
>
> action.”) (emphasis added).  “No particular method exists for the trial
> court to” exercise
>
> its conversion powers.  *Barr v. Young*, 187 Wn. App. 105, 109, 347 P.3d
> 947 (2015). But
>
> the court must do something. Merely granting a party’s request for general
> civil damages
>
> is insufficient.  *See Angelo Prop. Co. v. Hafiz*, 167 Wn. App. 789, 818,
> 274 P.3d 1075
>
> (2012) (no subject matter jurisdiction when court could have converted
> unlawful detainer
>
> action to general action for damages, but did not do so).
>
> Nothing in the record indicates the trial court took any action to convert
> the
>
> Castellons’ unlawful detainer action into a general action for damages
> prior to issuing
>
> judgment. As a result, the court lacked jurisdiction …
>
>
>
> I have had success with a motion and order to convert.  No extra filing
> fee.
>
>
>
> Lenard L Wittlake, PLLC
>
> Attorney & Counselor at Law
>
> 22 East Poplar Street, Suite 202
>
> P.O. Box 1233
>
> Walla Walla, WA 99362
>
> (509) 529-1529 voice
>
> (509) 850-3515 fax
>
> Lenard at wittlakelaw.com
>
>
>
> The information contained in this email may be privileged, confidential or
>
> otherwise protected from disclosure.  If you received this email in error,
>
> please reply to the sender that you have received this information in error
>
> and delete this email.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Kaitlyn Jackson
> *Sent:* Tuesday, April 12, 2022 12:08 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Converting UD to Civil Action
>
>
>
> Did anyone answer this question? I have some ideas.
>
> *Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
>
>
>
>
>
> On Fri, Jan 21, 2022 at 3:31 PM Mark Anderson <marka at mbaesq.com> wrote:
>
> Dear Listmates:
>
> In an unlawful detainer action based on the landlord wanting to sell the
> property, we obtained a writ of restitution.  However, the commissioner
> "reserved" the award of a monetary judgment for unpaid rents because if we
> wanted to seek payment for back rent owed at the same time that we were
> seeking a writ of restitution based on an intent to sell, we had to go
> through the repayment negotiation process.  And so (at least for now) we
> chose just to take the writ, have it served, and evict the tenant.
>
> The tenant is now out of the property and the sheriff has returned the
> writ of restitution.  At this point, do I need to start a new civil case
> for the unpaid rents and damages or can I just pay an extra filing fee to
> convert this to a civil case for that purpose?  And am I correct in
> assuming that, in either case, we won't have to go through the repayment
> negotiation process?  My understanding is that that repayment negotiation
> process only applies where you are attempting to evict a tenant based on
> failure to pay rent.
>
> I've never done such a conversion before so any recommendations will
> help.  Thanks to everyone.
>
>
> *Mark B. Anderson*ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
> *CONFIDENTIALITY NOTICE*This transmission is confidential and is intended
> solely for the use of the individual named recipient. It may be protected
> by the attorney-client privilege, work product doctrine, or other
> confidentiality protection. If you are not the intended recipient, or the
> person responsible to deliver it to the intended recipient, be advised that
> any dissemination, distribution, or copying of this communication is
> prohibited. If you have received this transmission in error, please
> immediately notify the sender via e-mail or by telephone at (253) 327-1750
> that you have received the message in error, and then delete it. Thank you.
>
>
>
> ***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, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:*  206-973-3500│*Fax:*  206-577-5090
>
> *Email: **kaitlyn at dimensionlaw.com <http://dimensionlaw.com/>*
>
> *www.dimensionlaw.com <http://www.dimensionlaw.com/>*
>
> 130 Andover Park East, Suite 300, Tukwila, WA 98188
>
>
>
> PRIVILEGED AND CONFIDENTIAL:  This email (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 email is prohibited. If you have received
> this email in error, please immediately notify us by email, facsimile, or
> telephone; return the email to us at the email address below; and destroy
> all paper and electronic copies.
>
>
>
> *Please note that I will be going on leave starting November 15, 2021
> through April 17, 2022, and will not have limited access to phone or email.
> Please email Info at Dimensionlaw.com to receive assistance.*
>
>
> 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/20220412/40ca93bf/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Motion to Convert.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 35760 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220412/40ca93bf/MotiontoConvert.docx>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Order on Motion to Convert.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 34482 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220412/40ca93bf/OrderonMotiontoConvert.docx>