HeadsUp For Washington State - Oct. 14 Opinions

HeadsUp For Washington State - Oct. 14 Opinions

Monday, October 14, 2013 

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Division One of the Court of Appeals filed 1 new published opinion and announced the publication of 1 additional opinion on Monday, October 14, 2013:

1. Bank of Am., N.A. v. Owens

No. 70225-4

(October 14, 2013)

2013 Wash. App. LEXIS 2461 


            PROPERTY AND LAND USE LAW          

  Brief: Both the Washington Court of Appeals and the Washington Supreme Court held that the defendant’s lien on the real property at issue had priority over the plaintiff’s lien. On remand, the trial court had no authority to revisit the plaintiff's in rem claim that the trial court “preserved and tolled” when it rendered summary judgment in favor of the plaintiff on its other claim. The in rem claim was not raised on review of the summary judgment and the claim was, therefore, abandoned. The trial court had no authority to ignore the supreme court's mandate on remand.


2. Wash. Fed. Sav. v. Klein

No. 68749-2

(filed August 12, 2013; ordered published October 14, 2013)

2013 Wash. App. LEXIS 1869




  Brief: For purposes of RCW 11.40.020(1)(c), under which a creditor who is given actual notice of a decedent’s death must present a claim against the estate within 30 days of the personal representative's service or mailing of the notice, requires only proof that an estate's notice was mailed, not proof that it was received by the creditor. 


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