Recent News

Are Old Restrictive Covenants (CC&Rs) Still Enforceable?

Washington State Litigation Lawyer Andrew M. McKenzie | 9/4/2024
Property owners sometimes assume they can do (or should be able to do) whatever they want with their land.  Of course, the world is not that simple; living in a civilized society involves an interconnectedness which necessarily means that some land uses are bound to affect those around us.  Stemming from that recognition are a… Read More

Estate Litigation – Avoid it With Careful Drafting

Washington State Business & Real Estate Lawyer William O. Kessler | 8/20/2024
In the recent Washington Court of Appeals case Henderson v. Schmoll, we see the significant cost of sloppy legal drafting. We also see the comparative ease of avoiding that cost. Edith Henderson signed her Will in 1982, leaving her home to her daughter, Jane. But that bequest contained a condition: when Jane sold the property,… Read More

Can One Spouse Obligate the Marital Community Through a Confession Judgment?

Washington State Litigation Lawyer Zachary M. Smith | 8/9/2024
Recently, in the Copper Leaf, LLC v. Ace Paving CO. INC. decision, the Washington Court of Appeals addressed a case in which one spouse incurred debt and appeared to obligate the marital community by signing a confession of judgment. We must first address the questions, what is a martial community, and what is community property?… Read More

Price Gouging And The Consumer Protection Act

Washington State Litigation Lawyer Andrew M. McKenzie | 8/8/2024
Washington State’s Unfair Business Practices Act, commonly referred to as the Consumer Protection Act, or “CPA”, provides powerful protections and remedies for consumers who have been harmed by a business’s deceptive acts or practices.  You can read more about the CPA here and here to gain a better general understanding. But what about price gouging? … Read More

What is Specific Performance?

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 7/24/2024
Often, when considering the possibility of litigation, clients will focus on the remedy of monetary damages to compensate them after suffering a legal injury. However, sometimes, a litigant may find that monetary damages simply cannot accomplish enough - sometimes, a liable party who should have taken some action, must actually take that action in order to make… Read More

Oral Contracts And Oral Modifications To Contracts

Washington State Litigation Lawyer Andrew M. McKenzie | 7/19/2024
It is a common misconception, particularly among non-lawyers, that contracts must be in writing to be enforceable.  That is true some of the time, but the general rule is that oral agreements are enforceable, so long as the requirements for a contract are met.  A contract is a legally enforceable promise or set of promises. … Read More