[WSBARP] very off-topic question of civil procedure
Carmen Rowe
carmen at gryphonlawgroup.com
Tue Dec 12 11:23:02 PST 2023
I don't see why it wouldn't be res judicata/claim preclusion.
I am curious how the court is going to deal with a scenario someone came to
me with. Unfortunately I could not take her case due to bandwidth, but her
association was suing her for fines etc. for non-compliance with something;
but meanwhile, she had a claim in small claims, also about money.
I'm hoping she gets back to me about what the court did with the fact the
association "could" have brought its claims as counterclaims in the small
claims action, thus arguably should be precluded from running a second
lawsuit. I'm curious how that shook out.
Which did raise the question, which I don't know the answer to - if a
defendant has counter- or cross-claims that take it out of small claims,
can/do they move to remove the issue to superior court? Seems unfair to the
original plaintiff to put into a system they were trying to avoid; but then
again, seems you need to deal with all the issues in one place, and if the
other claims fall outside the jurisdiction of the small claims court ...
I'm sure there is a process for that and I'd be curious the answer if
anyone is familiar with it.
Carmen Rowe
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com
*Olympia/Lacey and primary mailing office:*
1415 College Street SE, Lacey, WA 98503
*Seattle office: We are currently moving our Seattle location - notice of
new address coming soon!*
*NOTICE REGARDING OPERATIONS AND COVID-19:* We see our community as working
together to address COVID and its impact on our lives, health, and
business. The nature of our practice lends itself well to virtual operation
and we offer a range of flexible solutions to best work with your needs and
preferences. We are here to support you.
*Privileged and confidential: *This message is confidential. If you receive
this message in error, please let us know, and please delete and disregard
any information it contains. We thank you for your respect in not sharing
this email with anyone.
On Thu, Dec 7, 2023 at 8:28 AM <wsbarp-request at lists.wsbarppt.com> wrote:
> Send WSBARP mailing list submissions to
> wsbarp at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.fsr.com/mailman/listinfo/wsbarp
> or, via email, send a message with subject or body 'help' to
> wsbarp-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
> wsbarp-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> 1. Re: very off-topic question of civil procedure (Carl Gay)
> 2. Re: very off-topic question of civil procedure (Jennifer L White)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Thu, 7 Dec 2023 08:17:11 -0800
> From: Carl Gay <carl at greenawaylawfirm.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] very off-topic question of civil procedure
> Message-ID: <65567d0609b0594325d78b5338b4d9e1 at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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
>
> 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 <
> 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>
> *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
>
> 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
>
> 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/20231207/940d35bf/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 2
> Date: Thu, 7 Dec 2023 16:26:49 +0000
> From: Jennifer L White <jen at appletreelaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] very off-topic question of civil procedure
> Message-ID:
> <
> MW4PR14MB4604E80E0716A4999F26182AC08BA at MW4PR14MB4604.namprd14.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> 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 c!
> ourt 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
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbarp/attachments/20231207/d867c6c1/attachment.html
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.jpg
> Type: image/jpeg
> Size: 987192 bytes
> Desc: image001.jpg
> URL: <
> http://mailman.fsr.com/pipermail/wsbarp/attachments/20231207/d867c6c1/image001.jpg
> >
>
> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> End of WSBARP Digest, Vol 111, Issue 8
> **************************************
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20231212/fe0696a6/attachment.html>
More information about the WSBARP
mailing list