[WSBARP] Litigation and Statute of Frauds

[Kelby Derenick]

I would think that whether a contract exists for the sale of the property
would be a question of fact.  So, if you are representing the Plaintiff in
the trial, when your client testifies and in anticipation of what the
Defendant is going to argue, have the Plaintiff provide testimony
that there was no contract for the
sale of the property.  Then, after the Defendant is finished with
presenting his/her defense and counterclaims and introduces whatever
documents into evidence, you can recall your client to provide rebuttal
testimony to address whatever the Defendant introduced.  After the
evidentiary part of the trial is over, if there was no evidence of a
contract, move the court for dismissal of that counterclaim under CR 41 or
CR 50 Judgment as a Matter of Law if there is a jury (for non-unlawful
detainer trials).

If the judge won't dismiss it, then just argue at closing that the
Defendant cannot prevail on the counterclaim because there was no contract
and the statute of frauds case law requires a contract (cite and argue
statute of frauds case law).

Kelby J. Derenick
Attorney

*9414 State Ave., Suite E*

*Marysville, WA 98270Ph: (206) 659-5061*


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

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On Thu, Apr 13, 2023 at 4:07 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> So I have a trial coming up where the occupant says occupant is buying the
> house and I represent the LL who says the occupant is renting the house and
> therefore subject to unlawful detainer.  The occupant has little to show
> that occupant is buying the house and therefore the statute of frauds kicks
> in.  But how?  Is it a “weight of the evidence type of thing” where the
> occupant can still present oral testimony and a couple of documents which
> don’t meet the requirements of the statute of limitations?  Or, can I
> object (on what grounds?) to the evidence from being presented at trial *in
> the first place* because it fails to rise to the level of documentation
> required by the statute of frauds?  In other words, I have this thing
> called the statute of frauds.  On a practical basis, how do I use it at
> trial?
>
>
>
> BTW, I have read many sources regarding the statute and none have
> addressed how it is used at trial.
>
>
>
>
>
>
>
>
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