[WSBARP] UD and Arbitration

Fri Aug 19 18:22:21 PDT 2022

Ya the language used is not ideal.  The way the statute is worded, UD cases
are court actions that substantially affect the controversy.  That is how I
would interpret it.  It makes no sense though.

Kelby J. Derenick
Attorney

*10018 Greenwood Ave. N*
*Seattle, WA 98133*
*Ph. (206) 659-5061*

*14 E. Main Street, Suite 207*
*Walla Walla, WA 99362*
*Ph: (509) 676-9805*

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On Fri, Aug 19, 2022 at 5:12 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Yeah, I saw that but I don’t know what “when the court action
> substantially affects the controversy” means.
>
>
>
> I would find it hard to believe that a LL can bypass an arbitration clause
> simply by filing a UD action.  Does filing the UD action substantially
> affect the controversy?  Who know what this even means?
>
>
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kelby Derenick
> *Sent:* Friday, August 19, 2022 4:57 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD and Arbitration
>
>
>
> If I am reading the statute correctly, it looks like UD actions are
> excepted under RCW 59.18.320(1)(b)(ii).  Maybe I am reading that wrong.  I
> had this come up years ago but it was with a commercial case with an
> arbitration provision in the contract.  I filed the case and the other
> party never filed a notice of arbitration to request the court transfer it
> to arbitration.  So it was never an issue.  If neither party wants it in
> arbitration I don't see why a court would enforce it.  But for a
> residential case, it looks like it might be excepted entirely.
>
>
>
> Have a good weekend.
>
>
> Kelby J. Derenick
>
> Attorney
>
>
>
> *10018 Greenwood Ave. N*
>
> *Seattle, WA 98133*
>
> *Ph. (206) 659-5061*
>
>
>
> *14 E. Main Street, Suite 207*
>
> *Walla Walla, WA 99362*
>
> *Ph: (509) 676-9805*
>
>
>
> CONFIDENTIALITY NOTICE:  This electronic mail message contains information
> that (a) is or may be legally privileged, confidential, proprietary in
> nature, or otherwise protected by law from disclosure, and (b) is intended
> only for the use of the Addressee(s) named herein. If you are not the
> intended recipient, an addressee, or the person responsible for delivering
> this to an addressee, you are hereby notified that reading, using, copying,
> or distributing any part of this message is strictly prohibited. If you
> have received this electronic mail message in error, please contact me
> immediately and take the steps necessary to delete the message completely
> from your computer system.  Thank you.
>
>
>
>
>
>
>
> On Fri, Aug 19, 2022 at 1:20 PM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
> Any guidance is appreciated here.  I need to evict a T for cause but the
> lease has a mandatory arbitration clause requiring AAA rules.  I have
> spoken with AAA and reviewed RC 59.18.320-350 and a quick review of Chapter
> 7.04A.  So how is this usually done?  Do I file for UD first and then move
> the court to send us off to arbitration, then bring the decision back and
> move the court to enforce the arbitrator’s decision by ordering the Writ of
> Restitution?  OR, do I force the T into arbitration first and THEN take the
> arbitrator’s decision to the Court to enforce?  I feel uncomfortable with
> going to arbitration first because it appears to bypass T protections such
> as a court-appointed attorney, etc.  Many thanks.  (I’m sure that we’d all
> rather be anywhere else than in the office on this beautiful Friday
> afternoon.)
>
>
>
>
>
>
>
>
>
>
>
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