[WSBARP] very off-topic question of civil procedure

Thu Dec 7 08:26:49 PST 2023

Carl,
Not too long ago, I had to deal with one of these odd ball small claims court situations. You may want to take a gander through the WA Statutes RCW 12.40. It’s not necessarily as straight forward as you would think…(i.e. see RCW 12.40.027):
RCW 12.40.027 Removal to superior court—Restrictions— Simultaneous maintenance of claims—Joinder of claims on appeal. RCW 4.14.010 regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025. No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court. Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section. If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW 12.36.055 shall not apply. Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing. [1997 c 352 § 5.]

Good Luck!

Jennifer L. White, Esq.
[cid:image001.jpg at 01DA28E7.1E62D180]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carl Gay
Sent: Thursday, December 7, 2023 8:17 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] very off-topic question of civil procedure

Many thanks, Rod.

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

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rod Harmon
Sent: Wednesday, December 6, 2023 6:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] very off-topic question of civil procedure

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.rodharmon.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=5ZPE7cqL4TIIHGxAG_WgpwntCPM9Q3_y76AZUapY7pPquPoUO-MGIEOqFpa3z115&s=UvOGldRuYMjy1xOyFb3mnJh9quo8vwZXKSLyxIUjMkw&e=>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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