[WSBARP] OT - Vexatious Litigant Replevin Defense

[Mark Anderson]

Dear Listmates:
I have got a case involving a Vexatious litigant ("VL") and would like some input.  Here is the scenario:
VL squatted in Elderly Woman's house.  After a Guardian was appointed, VAPA action was initiated but dismissed when Elderly Woman died.  After Elderly Woman died, VL invited several of her squatter friends to move in with her.  Probate was commenced for Elderly Woman's Estate and Client (Elderly Woman's son) was appointed as PR.  VL refused to move out.  PR initiated an Ejectment Action and a writ of restitution was issued.  On April 28, the sheriff physically evicted VL, supervised the departure, and gave VL plenty of opportunity to retrieve all of the items of personal property (I am being polite in that description) that VL had brought into the house.
In the meantime, on April 7, VL recorded a non-consensual lien against the Elderly Woman's house, naming PR as the Grantor.  VL claimed entitlement to compensation for having "helped" Elderly Woman and for taking care of her house, even after Elderly Woman had died.  On July 14, on the motion of the PR, the Court ordered that the lien be canceled and released.
On May 12, VL made several creditor's claims in the Estate, again for compensation for having "helped" Elderly Woman and for taking care of her house, even after Elderly Woman had died.  VL now also claimed damages for personal items that she did not retrieve from the house.  VL's creditor's claims were rejected as untimely.
On July 31, VL filed a Notice of Small Claim in the King County District Court against the PR, seeking "replacement value of items 'stolen' and destroyed by defendant and loss of wages (not included-pain-and-suffering)."  That matter remains outstanding.
On August 3, VL brought a "Motion for Emergency Show Cause Hearing" in the Ejectment Action in which she was seeking a writ of replevin for her personal property.  On August 16, the Court denied that motion.  On August 18, VL filed a Motion for Reconsideration.  On the date that VL's motion was to be heard, VL filed a request to the Court that her motion be withdrawn or at least continued.  Nothing further has been filed in that case.
On September 1, and notwithstanding the fact that VL already had outstanding claims in the Ejectment Action and the Small Claims Action, VL filed a "Complaint for Possession of Personal Property and Damages (RCW 7.64.010)."  Again, VL was making claims based on a return of her personal property.
I am looking to bring a straightforward motion to dismiss based on the fact that VL has brought and continues to bring her same claims in other courts.  I am also looking to have the Court designate VL as a vexatious litigant.
Any thoughts?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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