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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

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Division III: Unlawful Detainer Okay to Convert to Standard Civil Case Once Premises No Longer an Issue

Barr v. Young

Blah de blah landlord and tenant don’t get along. Landlord wants to evict the tenant, and brings an unlawful detainer action. She just moves out, which takes care of the unlawful detainer part. However, she countersued for damages, which the landlord didn’t respond to. She then takes what’s left of the case to mandatory arbitration, a way for claims to be resolved more efficiently (think of it like trial light, and with another lawyer from the community acting as judge and jury).

Anyhow, Young won in arbitration. The Barrs claimed the case was unlawful detainer and shouldn’t have been moved into mandatory arbitration. But, see, there was no longer an unlawful detainer going on at the time it was moved into arbitration, and the only thing left to decide was money, which was A-Okay:

     The Barrs sued for unlawful detainer. While counterclaims are generally not allowed in such actions, a claim of retaliatory eviction may be allowed. See Port of Longview v. Int'I Raw Materials, Ltd., 96 Wn. App. 431, 979 P.2d 917 (1999) (allowing a commercial tenant to assert retaliatory eviction defense in an unlawful detainer action). But see Angelo, 167 Wn. App. at 815 (not allowing a counterclaim of constructive eviction where landlord's grounds in the unlawful detainer action involved allegations of using the property for unlawful activities and committing waste). Here, Ms. Young conceded her right to possession of the property before a hearing on the unlawful detainer. With the Barrs' assistance, Ms. Young voluntarily vacated the rental premises. Ms. Young never attempted to re-enter the premises. Ms. Young no longer sought to be restored with possession of the property and asked solely for damages.

. . . . Because the case was then purely a civil action, chapter 7.06 RCW applied. Thus, the trial court correctly ordered mandatory arbitration 6 No. 32432-0-111 BafT v. Young and did not abuse its discretion. It follows that the trial court did not abuse its discretion or err when it denied the Barrs' motion for reconsideration. 

The attorneys at Issaquah Legal Services are skilled in unlawful detainer action, and we can help Landlords recoup their residence. Please contact our Issaquah Lawyers today.

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