[WSBARP] very off-topic question of civil procedure

[Tom Westbrook]

Hi Carl,



A district court decision can always be appealed by timely filing in
superior court, but as I recall here in Thurston County that must be done
within 30 days. If that has not been done, then issue preclusion will keep
the losing defendant from successfully pursing the exact claim previously
decided. But the real question is to me is, why do they want to hire an
attorney to pursue $5k claim in Superior Court unless there would be a
really strong attorney’s fee agreement between the parties, which is
unlikely I expect.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



324 West Bay Drive NW, Suite 201

Olympia, WA 98502

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www.buddbaylaw.com



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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *msafren at jennylinglaw.com
*Sent:* Thursday, December 07, 2023 10:11 AM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA
Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBARP] very off-topic question of civil procedure



Hello Fellow Listservers,



Posting the below message on behalf of fellow attorney Carl L Gay who is
having difficulties with the listserv.  He can receive messages so please
reply either directly to Carl or reply to the topic and he should be able
to receive the messages.



“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”





Kind regards,

*Michael S. Safren, Esq.*
*Attorney at Law*

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