Each district court in Washington State has a small claims division that provides an avenue for parties to resolve small monetary disputes.  This division is generally referred to as small claims court.  Small claims court utilizes a very streamlined process so that parties can resolve small disputes without having to spend extensive time and money in pursuit of judicial relief.

Effective July 28, 2019, the jurisdictional limit for small claims court has increased from $5,000 to $10,000 in all cases brought by “natural persons”, otherwise better known as human beings, while all other parties (i.e....Read More

The Washington Supreme Court’s recent decision in Banowsky v. Backstrom, No. 96200-6, 2019 WL 3333172, -- P.3d – (Wn. July 25, 2019), clarifies the interplay between two seemingly conflicting Civil Rules for Courts of Limited Jurisdiction (“CRLJ”)—CRLJ 14A(b) and CRLJ 12(h)(3)—in a matter improperly (but in good faith) filed in Washington State District Court.  Reversing the Court of Appeals, the Supreme Court held CRLJ 14A(b) both authorized and obligated the District Court to transfer the matter to the Superior Court of Washington, despite the District Court lacking subject matter jurisdiction from the moment the case was...Read More

What is IFCA?

Washington’s Insurance Fair Conduct Act (“IFCA” or the “Act”) took effect in 2007 to protect insureds against unfair practices by insurance companies.  IFCA provides protections and remedies to insurance policyholders upon an unreasonable denial of a claim for coverage or for payment of benefits.  Additionally, IFCA establishes a statutory scheme to ensure the fair handling of policyholder claims, and sets forth consequences in the event insurance companies violate the Act.

IFCA Violations

Codified under RCW 48.30 along with several sections from Washington’s Administrative Code (“WAC”), IFCA contains numerous provisions regulating the insurance industry....Read More

Washington State is known as the “Evergreen State” for a reason – our majestic evergreen trees are abundant, and we value them.  In the Timber Trespass Statute (codified at RCW 64.12.030), Washington’s legislature has created an effective tool for landowners seeking redress for the unauthorized removal of their trees (whether timber, ornamental trees, or shrubs).

The Timber Trespass Statute creates liability:

[w]henever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76.48.020, timber, or shrub on the land of another person, or on the...Read More

What is Earnest Money?

In the purchase of real estate, it is common for a buyer to put down a deposit called earnest money. This deposit is made to a seller to represent the buyer’s good faith towards buying the real property at issue.  Earnest money is typically held in an escrow account until closing, at which time the deposit will be applied as down payment towards the purchase of the property.

Earnest Money as Damages

Many disputes over the purchase of real estate center around entitlement to earnest money in the event of breach of...Read More

The economic and population growth throughout Washington State keeps builders, contractors, subcontractors and others involved in the construction industry very busy.  With that high demand, however, comes the added risk of mistakes and defects that may potentially lead to disputes and litigation.  Whether you are in the market for builders or in the industry itself, it is important to know the law and your rights when disputes arise.

A principal aspect of construction disputes in Washington State is whether the timeframe of the dispute aligns with the statute of limitations and repose.  Generally, under the statute...Read More

The Washington Court of Appeals recently issued a published decision in Sherman v. Pfizer et al., No. 50914-8-II, 2019 WL 1923583, -- P.3d -- (Wn. App. April 30, 2019), providing valuable guidance for attorneys litigating duty to warn cases under the Washington Product Liability Act (“WPLA”), RCW 7.72.  In Sherman, the plaintiff allegedly developed a serious degenerative nerve disease from prolonged use of a generic prescription medication manufactured by the defendants.  She argued that her injury was caused by the defendants’ failure to provide adequate warnings – either through updated package inserts or other means.  The...Read More

In Washington, disputes in construction projects often involve complex issues between numerous parties.  Parties to a construction project may include prime contractors, subcontractors, suppliers, and laborers, all of whom work with the expectation of compensation for their services.  When these parties are not paid for their work they may file and attempt to enforce liens to ensure their rightful payment.  RCW 60.04 governs the filing and enforcement of mechanics’ and materialmen’s liens, which are a crucial tool for collection efforts pertaining to unpaid construction work.  However, legal representation is often necessary to navigate through the...Read More

When parties form a contract, they usually write the contract with terms conforming to their intentions and expectations. Unfortunately, sometimes one or both parties err in accurately expressing these intentions and expectations within the terms of a contract.  To make matters worse, one party often reaps the benefit of that mistake and will defend the contract vigorously to take advantage of the benefit.  In such disputes, the legal doctrines of unilateral mistake and mutual mistake often arise in the context of litigation between the parties.

When a party unilaterally makes a mistake, the party generally is...Read More

It may be your very own neighbor.  While many of us want to co-exist peacefully with our neighbors, you cannot always choose your neighbors, and they may have other goals in mind.  Conflicts between neighbors can arise in a variety of contexts, from tree cutting disputes to boundary disputes.  However, one of the most unsettling conflicts occurs when a neighbor trespasses onto your land and causes damage to your personal property.

Perhaps a neighbor damages your fence or knocks down your retaining wall.  Whatever the case, having a neighbor enter onto your land without your permission...Read More