[WSBARP] UD Gurus

Tue Jan 4 12:12:59 PST 2022

I laughed at someone recently who said that an attorney charging more than
$1,000.00 flat fee for an eviction in Washington was committing highway
robbery. I don't see myself returning to flat fees any time soon (or ever).
I think some attorneys still do it - and I'm amazed at that.
It's a pity because those fees are ultimately passed on to the tenants in
one way or another. I only hope that it is really explained to the tenant
that the time the landlord's attorney has to spend on the case may end up
being the tenant's obligation as it is often added to the judgment as a
matter of law or contract. Therefore, making frivolous challenges may gain
some additional time, but it may cost the tenant in the form of an
increased judgment.
Now that the protections of RCW 59.18.625 have expired, my hope is that
tenant attorneys advise their client to agree to a stipulation that
includes an order of limited dissemination. An eviction record that
includes an action based on a tenant's behavior or treatment of the
property is likely to make it very difficult for them to find housing
moving forward.

Kaitlyn

On Tue, Jan 4, 2022 at 11:17 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Good lord, the NW Justice project free atty convinced the judge we needed
> to special set the hearing for a 2-hour (!!) briefing with a court
> appointed translator for the tenant.  We have not argued the matter yet.
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Tuesday, January 4, 2022 10:48 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> Paul -
>
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>  Just checking in on this - did your argument(s) succeed?
>
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>
> Kaitlyn
>
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>
> On Thu, Dec 23, 2021 at 2:40 PM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
> Yep.  That and the definitions of Landlord and owner under RCW509.18.030.
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Thursday, December 23, 2021 2:09 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> I’d brief the fact that the RLT is a disregarded entity under state and
> federal law. Merely an estate planning technique.
>
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> Attorney Robert R Rowley
>
> W: (509) 252-5074
>
> M: (509) 994-1143
>
> F: (509) 928-3084
>
> rob at rowleylegal.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Thursday, December 23, 2021 1:51 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> Thanks for your response.  The court granted the tenant’s motion for stay
> of execution of the writ of restitution (the lock-out date was Monday but
> was based on a default judgment) and will set a hearing to address the
> tenant’s defenses.  So, the issue of whether a 90-day notice can be given
> by the trustee of a trust is still open and alive.  Happy Holidays.
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Thursday, December 23, 2021 12:18 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve
> RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> Paul,
>
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> My understanding is the “execution” is the lock-out.
>
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> To your second question, I’ve never dealt with this, but I think a
> trustee/settlor would have a safer argument than a member of an LLC.  Give
> it a whirl and let us know how it goes.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
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> ------------------------------
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <
> pneumiller at hotmail.com>
> *Sent:* Thursday, December 23, 2021 12:02:35 PM
> *To:* Listserve RealProp (realprop at googlegroups.com) <
> realprop at googlegroups.com>; WSBA Real Property Listserv <
> wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] UD Gurus
>
>
>
> Two Items have just come up that I need to argue in less than two hours.
> First, several sections of RCW 59.18 speak of actions that must be done
> "before execution of the writ of restitution."  So what does this mean?  Is
> the writ executed when the sheriff posts the door with the writ or is the
> writ executed when the sheriff shows up for the lock-out?  Second, my LL
> Client owns the residence using a family trust.  The LL gave a 90 day
> notice that "Joe Blow, as trustee of the Joe Blow Trust" intends to occupy
> the residence as  his primary residence.  Opposing council argues that a
> trust can't physically occupy the house so the notice is void.  Any
> experience out there on this argument?  Sorry for the rush.
>
>
>
>
>
> [image: Paul A_ Neumiller]
>
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>
> --
>
> Thank you,
>
>
>
> Kaitlyn R. Jackson, Attorney
>
> Dimension Law Group, PLLC
>
> *Office:*  206-973-3500│*Fax:*  206-577-5090
>
> *Email: **kaitlyn at dimensionlaw.com
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-- 

Thank you,

Kaitlyn R. Jackson, 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

*Please note our office is closed November 24th through November 26th and
December 24th through January 2nd. *

PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is
intended only for the use of the individual or entity named above and may
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this email in error, please immediately notify us by email, facsimile, or
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*Please note that I will be going on leave starting November 15, 2021
through April 1, 2022, and will not have access to phone or email. Thomas
Morningstar will be managing my cases and can be reached at
Thomas at Dimensionlaw.com. *

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
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error, please immediately notify us by e-mail, facsimile, or telephone; 
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and electronic copies. Any settlement offer contained herein is made 
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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 
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