[WSBARP] very off-topic question of civil procedure
Rod Harmon
rodharmon at msn.com
Wed Dec 6 18:24:20 PST 2023
Carl:
I think your instincts are correct. The problem is demonstrating what the first case was about since there is usually not much of a record in small claims court.
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<http://www.rodharmon.com/>
rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carl Gay
Sent: Wednesday, December 6, 2023 5:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] very off-topic question of civil procedure
Dear Colleagues,
Can any of you litigators out there tell me if a contract dispute between the same parties goes to trial in small claims court and the $5,000 judgment in plaintiff’s favor is affirmed in district court, is the losing district court defendant precluded from later suing the plaintiff over the identical dispute in superior court?
Sure seems like res judicata/collateral estoppel to me, but Civil Procedure 101 was in the late 1970’s for me.
Best regards,
Carl Gay
Port Angeles
CARL LLOYD GAY
Non nobis solum nati sumus
“Not unto ourselves alone are we born”
~the motto of Willamette University~
Law Offices
GREENAWAY & GAY
Attorneys and Counselors at Law
(Established 1985)
734 East First Street Suite A
Port Angeles, Washington 98362
Email carl at greenawaylawfirm.com<mailto:carl at greenawaylawfirm.com>
Telephone (360) 452-3323
Facsimile (360) 452-3724
THIS EMAIL TRANSMISSION IS INTENDED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION THAT IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT (18 USC §§ 2510-2521). IF YOU ARE NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND/OR EMAIL AND DELETE THE ORIGINAL MESSAGE. THANK YOU
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20231207/4530b379/attachment.html>
More information about the WSBARP
mailing list