[WSBARP] Evictions and "Statutory Attorney Fees"

Wed Feb 1 14:28:24 PST 2023

Maybe it should be updated to reflect inflation.

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On Wed, Feb 1, 2023 at 2:25 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> OK, good to know.  $200 isn’t worth even talking about.
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Wednesday, February 1, 2023 2:03 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Evictions and "Statutory Attorney Fees"
>
>
>
> In my experience, the court has justified granting the $200 under 4.84.080
> because it's a "statutory cost." Sometimes it's granted and sometimes it is
> not. Depends on the mood of the day and the Commissioner. It's never worth
> fighting over as long as Plaintiff gets the writ. Just make sure
> Plaintiff's order identifies it as pursuant to 4.84.080; otherwise, there
> have been issues when the judgment is later vacated and *then *the
> attorney wants their "real attorneys fees" later.
>
>
>
> Kaitlyn
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> On Wed, Feb 1, 2023 at 1:55 PM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
> BUT BUT BUT,
>
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> RCW 4.84.080 says “When allowed to either party, costs to be called the
> attorney fee, shall be as follows:  (1) In all actions where judgment is
> rendered, two hundred dollars.” And RCW 4.84.010 says “The measure and mode
> of compensation of attorneys and counselors, shall be left to the
> agreement, expressed or implied, of the parties, but there shall be allowed
> to the prevailing party upon the judgment certain sums for the prevailing
> party's expenses in the action, which allowances are termed costs,
> including, in addition to costs otherwise authorized by law, the following
> expenses:….(6) Statutory attorney and witness fees”
>
>
>
> AND RCW 59.18.290 says “….Where the court has entered a judgment in favor
> of the landlord restoring possession of the property to the landlord, the
> court may award reasonable attorneys' fees to the landlord; however, the court
> shall not award attorneys' fees in the following instances:
>
> (a) If the judgment for possession is entered after the tenant failed to
> respond to a pleading or other notice requiring a response authorized under
> this chapter….”
>
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>
> So, has anyone been denied atty fees under 59.18.290 but still receive
> “statutory” atty fees under Chapter 4.84???  RCW 59.19.290 sure seems clear
> that “the court shall not award attorney fees” means all atty fees, but,
> then again, that’s why I am asking.
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Craig Sjostrom
> *Sent:* Wednesday, February 1, 2023 1:28 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Evictions and "Statutory Attorney Fees"
>
>
>
> I assume he’s referring to 4.84.010 and .080
>
>
>
> Craig
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Wednesday, February 01, 2023 12:43 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve
> RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
> *Subject:* [WSBARP] Evictions and "Statutory Attorney Fees"
>
>
>
> I was at a Show Cause Hearing and the tenant was a no show.  As I’m
> walking the judge through the proposed orders and filling in the blanks, I
> state that the LL is not seeking atty fees because, under RCW59.18.290, the
> LL is not entitled to atty fees if the tenant is a no show.  Then the judge
> said, “well you might not be entitled to reasonable attorney fees under
> this section but you can still request statutory attorney fees?”  Huh??  My
> client was only interested in the Writ so I answered that the LL was
> waiving ALL atty fees and we moved on.  Anyone have any guess what the
> judge was talking about?  Are there “statutory attorney fees” in an
> unlawful detainer other than RCW 59.18.290 and .410?!?!
>
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> Kaitlyn R. Jackson, Senior Associate Attorney
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> Dimension Law Group, PLLC
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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email:* kaitlyn at dimensionlaw.com

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