[WSBARP] [REALPROP] UD and Arbitration

Fri Aug 26 14:32:36 PDT 2022

You're a hero, Paul! Thank you!

*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*

On Fri, Aug 26, 2022 at 1:27 PM Maxwell Glasson <max at glassonlegal.com>
wrote:

> Thanks Paul and Christopher!
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC*
>
> 8 Boston Street, Suite 2
>
> Seattle, Washington, 98109
>
> (206) 627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
>
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
> ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
> THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
> NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
> DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
> USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
> STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
> NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Friday, August 26, 2022 1:19 PM
> *To:* Christopher Cutting <christopher at cuttinglaw.com>
> *Cc:* Listserve RealProp (realprop at googlegroups.com) <
> realprop at googlegroups.com>; WSBA Real Property Listserv <
> wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] [REALPROP] UD and Arbitration
>
>
>
> For the good of the cause, I found this case:
>
>
>
> "Under the Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW,
> landlords and tenants may agree to arbitration governed by chapter 7.04A
> RCW. RCW 59.18.320. *But in certain actions, including unlawful detainer
> actions filed by landlords, arbitration is not allowed. RCW 59.18.320(1
> )(b)(ii)."* Barr v. Young (187 Wash.App. 105, 347 P.3d 947 (Wash. App.
> 2015)
>
>
>
> AND, surprise of all surprises, it’s a published case!
>
>
>
>
>
>
>
> 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:* Christopher Cutting <christopher at cuttinglaw.com>
> *Sent:* Tuesday, August 23, 2022 11:07 AM
> *To:* Paul Neumiller <pneumiller at hotmail.com>
> *Cc:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve
> RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
> *Subject:* Re: [REALPROP] UD and Arbitration
>
>
>
> Paul,
>
> I believe RCW 59.18.320(1)(b)(ii) is usually interpreted to exempt
> evictions from arbitration clauses. I'm not aware of reported case law, but
> I believe that's what some of the practice desk books say as well. I would
> start the eviction and address it if the tenant raises arbitration as a
> defense. You must still give the pre-eviction notices and waiting periods.
> Additionally, from what I remember about compelling AAA arbitration, it is
> acceptable to file a case before giving a demand for arbitration and then
> move the court to compel arbitration post-filing and post-service so that
> you have a live case number to use to enforce any arbitration award if it
> does go that way.
>
>
> Christopher D. Cutting
>
> Cutting Law Office PC
>
> p. 206.788.8840
>
> www.cuttinglaw.com
> <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cuttinglaw.com%2F&data=05%7C01%7C%7C4f979dfc7f9a4ccb655e08da85324c65%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637968748327876067%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=CyeFKIenccXI9XEge4uHkov8iRRxPQxOfrxxPJU6y6w%3D&reserved=0>
>
>
>
>
>
> On Fri, Aug 19, 2022 at 1:16 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.)
>
>
>
>
>
>
>
>
>
>
>
> --
> You received this message because you are subscribed to the Google Groups
> "KCBA Real Property" group.
> To unsubscribe from this group and stop receiving emails from it, send an
> email to realprop+unsubscribe at googlegroups.com.
> To view this discussion on the web visit
> https://groups.google.com/d/msgid/realprop/MW3PR13MB3980C6D397CA58065A002EF7D26C9%40MW3PR13MB3980.namprd13.prod.outlook.com
> <https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgroups.google.com%2Fd%2Fmsgid%2Frealprop%2FMW3PR13MB3980C6D397CA58065A002EF7D26C9%2540MW3PR13MB3980.namprd13.prod.outlook.com%3Futm_medium%3Demail%26utm_source%3Dfooter&data=05%7C01%7C%7C4f979dfc7f9a4ccb655e08da85324c65%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637968748327876067%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=OuoldpbHRcqnofDh3MA9yafCktN%2BSQVwTj99ye6VWh4%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
>

-- 

Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@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.

-- 
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. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220826/18d18884/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220826/18d18884/image001.jpg>