In nearly all circumstances, an easement entitles its holder to make only limited use of another’s land.  The default rule in Washington as in most jurisdictions is that even when an owner’s land (legally known as the “servient tenement” or commonly referred to as the “burdened property”) is encumbered by an easement in favor of another’s land (legally known as the “dominant tenement” or commonly referred to as the “benefitted property”), the burdened property owner may still make all uses of that owner’s property which do not “unreasonably interfere” with the rights of the party benefitted...Read More

Seattle has long had a reputation for tenant-friendly regulations.  In the wake of COVID-19, starting in March 2020, Seattle took several actions culminating in a lengthy moratorium on certain evictions.   On May 6, 2020, Mayor Durkan signed into law a bill unanimously passed by the Seattle City Council (full text here: https://seattle.legistar.com/LegislationDetail.aspx?ID=4427723&GUID=0651D7FC-E708-40E6-8AFA-090008E8C4A4&FullText=1), known as Ordinance 126075, which extends eviction protections to tenants long past the statewide eviction moratorium’s current expiration date of June 4, 2020.  Under Ordinance 126075, a tenant in Seattle has a defense to an unlawful detainer action (eviction) until 6 months after the Mayor’s eviction moratorium...Read More

When parties enter into a contract, they usually assume the contract will be performed.  But what happens in the event of a breach?  The default is for a dispute to spawn litigation if the parties cannot resolve it on their own.  Ordinarily the non-breaching party must establish with reasonable certainty their actual damages to obtain a money judgment against the breaching party.  This can be quite time consuming and costly.  Particularly in situations where a breach would be clear cut, but establishing the precise amount of actual money damages would involve high cost and delay, parties...Read More

California is the world’s sixth largest economy.  That fact combined with its west coast proximity to Washington spurs commerce between many Washington and California businesses.  Many Washingtonians have a second home in California, or may have other investments or contractual relationships affected by California laws. When disputes arise, parties located in Washington may be required to litigate in California, depending upon how and where the dispute arose, and in some cases based upon a forum selection clause in a contract.  It can be cumbersome for a Washington client to establish a relationship with a California lawyer, with...Read More

On April 24, Governor Inslee released his Phase 1 Construction Restart plan signaling the beginning of a possible easing of Covid-19 related restrictions put in place under Gubernatorial Proclamation 20-25. As contractors return to work, it is the perfect time to reassess compliance with the Contractor Registration Act.

A major component of the Act, is the mandatory notice required for all projects involving either: (1) four or fewer residential units (or accessory structures) when the contract value is $1,000 or more; or (2) commercial construction where the contract value is more than $1,000, but less than...Read More

On April 14, 2020, Washington Governor Jay Inslee issued Proclamation 20-49 titled “Garnishment and Accrual of Interest” (the “Garnishment Proclamation”).  In the Garnishment Proclamation, Governor Inslee finds that “a state of emergency continues to exist in all counties of Washington State.”  The Governor further finds that “a temporary moratorium on garnishment of wages and other income to collect judgments for consumer debt throughout Washington State at this time will help reduce economic hardship and related life, health, and safety risks to those members of our workforce impacted by layoffs and substantially reduced work hours...Read More

In the midst of the COVID-19 pandemic, many individuals and businesses find themselves in unprecedented circumstances where they do not believe they can perform under contracts that they have entered into, such as construction contracts, leases, or purchase and sale agreements.

Parties who have difficulties performing under their contracts due to the COVID-19 pandemic face the question of whether their performance under their contract can be excused.  The doctrine of force majeure comes into consideration in circumstances where forces outside of a party’s control affect that party’s performance.  Force Majeure is defined generally as “[a] contractual provision allocating risk if performance...Read More

Frequently a plaintiff’s injuries are attributable to the combined effects of the actions of multiple defendants.  In this context, the defendants may be jointly and severally liable to the plaintiff, which means that if one defendant is insolvent, the plaintiff may collect the full amount of the damages from the remaining defendant(s).

Under RCW 4.22.040, defendants who are jointly and severally liable can sue each other for their respective share of responsibility, even though such cross-claims have no effect on the plaintiff’s underlying right to recovery.  The right of a jointly and severally liable defendant to...Read More

On Friday, the Washington Supreme Court issued an order suspending most state court proceedings due to the current public health crisis.  The order requires all civil jury trials to be suspended until after April 24, while trials currently in session may proceed.  Additionally, all non-emergency civil matters must be continued until after April 24, though courts may hear some motions where in-person attendance is not required.

Further complicating things, the Superior Courts of individual counties have issued orders of their own. For example, Snohomish County trials are continued until at least June 1, and in...Read More

When you hear the word “contribution,” you probably think about someone helping others monetarily to accomplish some shared goal.  In the context of litigation, contribution refers to the right of co-defendants to force each other to share in paying damages owed or paid to a plaintiff.

In the simplest example, plaintiff (“A”) is harmed by the negligence of defendant (“B”), and liability rests solely with B.  But in the real world, the actions of multiple defendants combine to create one “indivisible claim” of the plaintiff.  If A was severely injured in a car crash because, as...Read More