[WSBARP] WSBARP Digest, Vol 108, Issue 29

Fri Sep 29 16:34:22 PDT 2023

Genissa,      You need to get the PR appointed to solve your standing issue. The granddaughter could claim her interest vested upon death, but it is unperfected and just complicates your issues. 
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

    On Friday, September 29, 2023, 04:14:56 PM PDT, wsbarp-request at lists.wsbarppt.com <wsbarp-request at lists.wsbarppt.com> wrote:  

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Today's Topics:

  1. Standing to bring an ejectment (Genissa Richardson)
  2. Referral- medical insurance claim help (Margaret Delp)
  3. OT - Vexatious Litigant Replevin Defense (Mark Anderson)
  4. Real Property Appraiser (Mark Anderson)
  5. Re: OT - Vexatious Litigant Replevin Defense (Jennifer L White)

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Message: 1
Date: Fri, 29 Sep 2023 13:34:06 -0700
From: Genissa Richardson <genissa at truenorthlegalservices.com>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Standing to bring an ejectment
Message-ID:
    <CAAkwMDUz6R=yzMfw+FuuaedkmKgNULgfWoh3VF3kCMNWdAMVbg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Listmates,

I have a probate client who has not yet been appointed as PR and I'm trying
to figure out if he must be appointed as PR first before he has standing to
eject. It's his sister who is squatting in their late father's home and
evidently destroying it.  (I've had to note a hearing to get him appointed
because his sister, the squatter, will not sign a declination to act).
Neither my client nor his sister is the beneficiary of the home under the
decedent's Will, which is why I question if he has standing on his own as
an heir under 7.28.010.

If I have to wait for my client to be appointed as PR to bring the
ejectment, could I instead ask the decedent's granddaughter, who is the
beneficiary of the home under the Will, to be the plaintiff. She is the
daughter of the squatter and obviously has an interest in the property as
the beneficiary of it.
*Genissa Richardson, Attorney at Law*
*True North Legal Services, PLLC*
*301 Prospect St., Bellingham, WA 98225*
*PO Box 934, Bellingham, WA 98227 (mailing address)*
*Phone (360) 639-3393*
*U.S. Coast Guard Veteran*

*NOTICE OF UNAVAILABILITY:*
I am out of the office and unavailable the following dates:
December 22nd, 2023 - January 1st, 2024
January 17th - 29th, 2024

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Message: 2
Date: Fri, 29 Sep 2023 13:42:22 -0700
From: Margaret Delp <delp at whidbey.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Referral- medical insurance claim help
Message-ID: <F2DE7953-5D51-45CB-AD9A-34238C08B468 at whidbey.net>
Content-Type: text/plain; charset="utf-8"

Hello colleagues: A truly wonderful couple on Whidbey Island is looking for an attorney to help them with a claim for coverage against Cigna Insurance, which has been denying valid insurance claim for over a year. I will forward all referrals.

Thanks much,

Margaret

--

Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

Physical location: 2815 Howard Rd., Langley, WA, Second Floor

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

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Message: 3
Date: Fri, 29 Sep 2023 22:26:45 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] OT - Vexatious Litigant Replevin Defense
Message-ID:
    <MW2PR12MB2379CA808A47D4118F25D59EC8C0A at MW2PR12MB2379.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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Message: 4
Date: Fri, 29 Sep 2023 22:41:06 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Property Appraiser
Message-ID:
    <MW2PR12MB2379580F4728E59A07E4A334C8C0A at MW2PR12MB2379.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Client received a tax notice from King County telling her that the assessed value of her vacant lakefront lot in Kent had increased by 41%.  Whew.
To pursue an appeal, Client wants to get an appraisal.  Who do you recommend for this?
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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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Message: 5
Date: Fri, 29 Sep 2023 23:14:10 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] OT - Vexatious Litigant Replevin Defense
Message-ID:
    <MW4PR14MB4604B8A44DCA631F58B8F653C0C0A at MW4PR14MB4604.namprd14.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Mark,
That is certainly an aggravating situation. Other than death by bunga for VL, which this person clearly deserves, off the top of my head, here are a few suggestions that may help:
CR11 Sanctions
RCW 4.84.185
And, if VL is suing PR in district court, which is a court of limited jurisdiction, then RCW 3.66.030 applies:
RCW 3.66.030 Restrictions on civil jurisdiction. The jurisdiction covered by RCW 3.66.020 shall not extend to the following civil actions: (1) Actions involving title to real property; (2) Actions for the foreclosure of a mortgage or enforcement of a lien on real estate; (3) Actions for false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction; and (4) Actions against an executor or administrator as such.
Good Luck!
Jennifer L. White, Esq.
[cid:image001.jpg at 01D9F2EF.317D6FB0]

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 Mark Anderson
Sent: Friday, September 29, 2023 3:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] OT - Vexatious Litigant Replevin Defense

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=jyO8QH5p0vy2Qgdnw6D5-zXKXHRIy9x-apfYA0qZ9qtJ1Rgrc_8ik8Rgq0RLRU0x&s=FCHLjCE3ewGnu7h6Vj5NK87rVV0gvezC1aBtZ1x4h2Y&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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