2010 03 09 Chamberlain Motion to Dismiss_Page_015
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SUPERIOR COURT OF WASHINGTON
FOR THURSTON COUNTY
Andrew J. Smith and Cynthia Smith,
vs.
The City of Doe, et al.,
Plaintiffs,
Defendants
NO. 09 -2- 02879 -3
CIVIL NOTICE OF ISSUE (NTIS)
Clerk's Action Required
TO: THURSTON COUNTY CLERK and to all other parties listed herein:
PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and
the Clerk is directed to note this issue on the calendar checked below.
Calendar Date: April 9, 2010 Day of Week: Friday
IMPORTANT WARNING: If this Notice of Issue is not timely filed, contains a wrong day or
date, or is scheduled for a wrong calendar date, your hearing will not be scheduled. You will not
be notified.
Bench /Judge Copies: Deliver to Superior Court, Building 2, Rm. 150
Filing Deadlines: By 12:00 noon, 5 court days preceding the scheduled hearing date [LCR 5(b)(2)]
Confirmation: Confirm at www.co.thurston.wa.us /clerk by clicking on Hearing Confirmation or by
calling (360) 786 -5423 by 12:00 noon three court days prior to the hearing date [LCR
16(fl(2)]•
Court Address: 2000 Lakeridge Drive SW, Building 2, Olympia WA 98502.
CIVIL MOTIONS (Friday — 9:00 am) Type of Motion:
CONFIRMATION REQUIRED
ASSIGNED JUDGE: ❑ Default
❑ Judge Paula Casey
C3 Discovery
® Judge Thomas McPhee
❑ Judge Richard D. Hicks[] ❑ Summary Judgment/Dismissal
❑ Judge Carol Murphy ❑Change Venue
----------------------------------------------------------------------
❑ Continue Trial
❑ UNLAWFUL DETAINERS (Friday — 10:00 am)
CONFIRMATION REQUIRED ❑ Show Cause
-------------------------------- - - - - -- -------------------------------
❑ Present Order
❑ DOL REVOCATIONS (Friday -9:00 am)
CONFIRMATION REQUIRED ❑ TRO/Preliminary Injunction
------------------------------------------------------------------ - - - - -;
R1 Other: Motion to Dismiss
❑ RAW APPEALS (Tuesday — 9:00 am)
No Confirmation Necessary
CIVIL NOTICE OF ISSUE - 1 of 2
.-"W Y= �J'.o Y 1 12 /I 7/09
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PAN
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NNI
Certificate of Service �
Y ESw��.�(� i'.
I certify that on , 2010, I delivered Sign:
thro jh a legal messenger service a copy of this document Print /Typ Na e: Richard L. Ditlevson
to c attorneys) of ecord for Plaintiffs.
WSBA # 735
Address: 324 West Bay Drive NW, Ste. 201
Jul' lexander City /State /Zip: Olympia, WA 98502
LegW Assistant
Attorney for: Steve Chamberlain
Telephone: 360-- 352 -8311
Date: 3-9—lo
LIST NAMES, ADDRESSES & TELEPHONE NUMBERS
OF ALL PARTIES REQUIRING NOTICE
Ben D. Cushman
Cushman Law Offices
924 Capitol Way South
Olympia, WA 98501
Michelle Anastasia Corsi
Lee Smart P.S., Inc.
701 Pike St., Ste. 1800
Seattle, WA 98101
Douglas S. Dunham
Crane Dunham, PLLC
800 5h Ave., Ste. 4000
Seattle, WA 98104
J. Michael Morgan
J. Michael Morgan, PLLC
1800 Cooper Point Road SW, Bldg. 11
Olympia, WA 98502
Carol Ann Morris
Law Office of Carol A. Morris PC
P.O. Box 948
Seabeck, WA 98380 -0948
CIVIL NOTICE OF ISSUE - 2 of 2
12/17/09
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EXPEDITE
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No hearing set
Hearing is set:
Date:
Z/ —C
Time:
-9
Judge:
) )2C_
DEPARTMENT NO.2
JUDGE Wm. THOMAS McPHEE
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF THURSTON
ANDREW J. SMITH and CYNTHIA M. )
SMITH, husband and wife, )
Plaintiffs, )
VS. )
)
THE CITY OF DOE, a Municipal Corporation; )
GRANT BECK; STEVE CHAMBERLAIN; )
FH1, LLC, a Washington corporation; )
DAN LEE; TRIANCE GROUP INC., d/b /a )
TRIANCE HOMES, a Washington corporation )
and a licensed Washington construction )
contractor; STATE FARM FIRE w )
CASUALTY CO., Bond No. 98GD85307; )
MAUREEN NIELAND; VANDORM )
REALTY, INC., a Washington corporation, )
Defendants.
No. 09 -2- 02879 -3
DEFENDANT STEVE
CHAMBERLAIN'S MOTION
TO DISMISS
22 II COMES NOW STEVE CHAMBERLAIN, and respectfully moves for an Order
23 II dismissing Plaintiff's claims herein on the basis Plaintiffs have failed to state a claim upon
24 which relief can be granted.
25 This Motion is based upon CR 12(b)(6) and the records and files herein.
26 DATED the C5:��ay of March, 2010. ;�
'112 i
MOTION TO DISMISS - I
(FH1, LLC & Steven Chamberlain)
RICHARD L. DITLEVSON, WSB #735
Attorney STEVE CHAMBERLAIN
DITLEVSON RODGERs DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
(360) 352 -8311, FAX: (360) 352 -8501
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CERTIFICATE OF TRANSMITTAL
The undersigned certifies that on the q� of March, 2010, she transmitted a true and
correct copy of the Motion to Dismiss, as follows:
U placed with ABC Legal Messengers, Inc. for hand delivery to counsel of record
Ben D. Cushman
Cushman Law Offices, P.S.
924 Capitol Way South
Olympia, WA 98501
Douglas S. Dunham
Crane Dunham, PLLC
800 5th Ave., Ste. 4000
Seattle, WA 98104
Michelle Anastasia Corsi
Lee Smart P.S., Inc.
701 Pike St., Ste. 1800
Seattle, WA 98101
J. Michael Morgan
J. Michael Morgan, PLLC
1800 Cooper Point Road SW, Bldg. 11
Olympia, WA 98502
deposited in the mails of the United States a properly postage prepaid, stamped and
addressed envelope to counsel of record
Carol Ann Morris
Law Office of Carol A. Morris PC
P.O. Box 948
Seabeck, WA 98380 -0948
I certify under the penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
Ju ' Alexander, Olympia,WA
MOTION TO DISMISS - 2
(FH1, LLC & Steven Chamberlain)
DITLEVSON RODGERS DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
(360) 352 -8311, FAX: (360) 352 -8501
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O EXPEDITE
No hearing set
Hearing is set:
Date:
Time: �1
Judge:
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DEPARTMENT NO.2
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JUDGE Wm. THOMAS McPHEE
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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IN AND FOR THE COUNTY OF THURSTON
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ANDREW J. SMITH and CYNTHIA M.
)
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SMITH, husband and wife,
)
)
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Plaintiffs,
) No. 09 -2- 02879 -3
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vs.
)
DEFENDANT STEVE
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THE CITY OF DOE, a Municipal Corporation;)
CHAMBERLAIN'S MEMO
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GRANT BECK; STEVE CHAMBERLAIN;
) IN SUPPORT OF MOTION
FH1, LLC, a Washington corporation;
) TO DISMISS (CR 12(b)(6))
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DAN LEE; TRIANCE GROUP INC., d/b /a
)
TRIANCE HOMES, a Washington corporation
)
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and a licensed Washington construction
)
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contractor; STATE FARM FIRE &
)
CASUALTY CO., Bond No. 98GD85307;
)
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MAUREEN NIELAND; VANDORM
)
REALTY, INC., a Washington corporation,
)
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Defendants.
)
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COMES NOW STEVE CHAMBERLAIN,
by and through his counsel of record,
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RICHARD L. DITLEVSON of DITLEVSON RODGERS DIXON, P.S., and files this Memo
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in Support of Motion to Dismiss.
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I. INTRODUCTION
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This memorandum is filed by Defendant STEVE CHAMBERLAIN
( "CHAMBERLAIN ") in support of his motion to dismiss for failure to state a claim,
Memorandum in Support of
Motion to Dismiss - 1
DITLEVSON RODGERs DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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pursuant to CR 12(b)(6). Plaintiffs ANDREW SMITH and CYNTHIA SMITH ( "Plaintiffs ")
have failed to state a claim against CHAMBERLAIN upon which relief can be granted.
Specifically, Plaintiffs have not alleged any facts showing a contractual relationship
between themselves and CHAMBERLAIN in order to support their breach of contract cause
of action against CHAMBERLAIN.
In addition, Plaintiffs have failed to allege sufficient facts supporting a cause of action
for negligent misrepresentation against CHAMBERLAIN. The economic loss rule bars
claims for negligent misrepresentation for economic losses which flow only from contract.
Because Plaintiffs have alleged insufficient facts to support either of their causes of
action which seek damages from CHAMBERLAIN, the Court should dismiss Plaintiff s
claims pursuant to CR 12(b)(6).
II. FACTS
CHAMBERLAIN assumes, for the purposes of this Memorandum in Support of
Motion to Dismiss, and his X.4otion to Dismiss, that the facts are as alleged in Plaintiffs' First
Amended Complaint for Breach of Contract, Mandamus, Breach of Duty and Damages
( "Complaint ").
Those alleged facts, relative to CHAMBERLAIN are, in their entirety, as follows:
"1.4 Defendant Steve Chamberlain is the Registered Agent for
the Defendant FH1, LLC, a Washington Corporation (sic) ..."
"3.3 Through their realtor, the Smiths learned of a lot for sale in
Palisades West. The Smiths bought that lot from FHI, LLC for
$84,000.00 based on the representation that the lot was developable, that
their general home design could be built on the lot, and that the home
could be legally occupied when built. These representations were made
by Steve Chamberlain through Maureen Nieland... "
Memorandum in Support of DITLEVSON RODGERS DIXON, P.S.
Motion to Dismiss - 2 ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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"3.15 Not only did Grant Beck and Brent Dille fail to carry out
the City Counsel's directive to find a satisfactory solution which would
allow the Smiths to move into their home, Grant Beck used the services of
the City's Attorney to further a personal vendetta against Steve
Chamberlain by fabricating obstacles in order to prevent the Smiths from
occupying their home in the hope that this would expose Steve
Chamberlain to liability ..."
"IV. Causes of Action
4.1 Breach of Contract and Negligent Misrepresentation by
Steve Chamberlain and FH 1, LLC."
"(c) Steve Chamberlain is an engineer and developer, and had
known since at least the time of preliminary plat approval two years earlier
in September 2006, that the booster pump station for the plat would be a
requirement, and also knew that it has a significant cost, yet made no
disclosures of the risks and potential problems to the Smiths if it could not
be funded and installed...."
"4.7 Breach of Duty by Grant Beck, individually."
"(d) On information and belief, Grant Beck's decisions and actions
in this case were motivated by a personal vendetta against Steve
Chamberlain, with the goal of harming the Smiths in such a way that they
Memorandum in Support of
Motion to Dismiss - 3
DITLEVSON RODGERS DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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would have a claim against Steve Chamberlain, for the purpose of
harming Steve Chamberlain by exposing him to liability.
V. CLAIMS FOR DAMAGES
"5.1 Damages caused by Steve Chamberlain and FH1, LLC.
These Defendants knowingly sold the Smiths a lot which was not legally
buildable at the time of sale; falsely portrayed that Lot 15 was imminently
ready for residential construction and inhabitation; and failed to disclose
the risks and consequences of purchasing the lot in advance of 17111,
LLC's fulfillment of the two final plat conditions. These Defendants'
actions and omissions have significantly contributed to the damages which
Plaintiffs are now suffering due to having paid to build a house on a lot
that remains legally unbuildable."
III. 1-1 I:.EN I'
1. Plaintiffs have failed to allege facts establishing liability on the part of
CHAMBERLAIN for breach of contract.
Plaintiffs have alleged that they have a cause of action against CHAMBERLAIN for
breach of contract. See Section 4.1 of the Complaint. However, Plaintiffs have not alleged
any contract to which Plaintiffs and CHAMBERLAIN are parties. The Statutory Warranty
Deed, by which Plaintiffs acquired the property in question, is apparently the "contract"
allegedly breached. See Section 4.1(a) of the Complaint. As stated in Plaintiffs' Complaint,
however, "FHl, LLC is the Grantor and the Smiths are the Grantees" on that deed. See
Section 3.7 of the Complaint. Chamberlain is not a party to that deed and, therefore, could
not have breached it.
Memorandum in Support of
Motion to Dismiss - 4
DITLEVSON RODGERS DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
1 Plaintiffs have alleged that CHAMBERLAIN is the "Registered Agent" for
2 Defendant FH1, LLC ( "FH1" ). See Section 1.4 of the Complaint. However, that status does
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not make him, personally, a party to the deed executed by FH 1.
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5 Being the registered agent for a limited liability company does not expose the
6 registered agent to the liabilities of the entity. RC W 25.15.020 requires that a limited
7 liability company shall maintain "[a] registered agent for service of process on the limited
8 liability company..." RCW 25.15.020. The rationale for requiring that business entities,
9 including limited liability companies, maintain registered agents is to facilitate service of
10 process upon the entity. The registered agent has no authority to act for the limited liability
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company for which he /she /it serves as registered agent. There is no authority, statutory or
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13 otherwise, for extending the liability of an entity to that entity's registered agent.
14 There is nothing in Plaintiffs' Complaint which would warrant holding
15 CHAMBERLAIN liable under Plaintiffs' Breach of Contract cause of action.
16 l 3.2 Plaintiffs have failed to allege facts establishing liability or, the pa t of
17 1 CHAMBERLAIN for negligent misrepresentation.
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Plaintiffs have alleged that Defendant MAUREEN NIELAND ( "NIELAND "), the
Plaintiffs' realtor, represented to them that the lot was buildable, and that this representation
was made on behalf of CHAMBERLAIN. See Section 3.3 of the Complaint; see also
Sections 4.1 (b) and (c) of the Complaint. Plaintiffs also allege that they are suffering
damages because, contrary to these representations, the lot they purchased "remains legally
unbuildable ". See Section 5.1 of the Complaint.
The primary difficulty with Plaintiff's theory that CHAMBERLAIN is liable for
alleged negligent misrepresentations is that such claims are barred in this context by the
economic loss rule. See Alejandra v. Bull, 159 Wn. 2d 674, 153 P.3d 864 (2005); see also
Carlile v. Harbour Homes, Inc., 147 Wn. App. 193, 194 P.3d 280 (2008). The economic loss
Memorandum in Support of DITLEVSON RODGERS DIXON, P.S.
Motion to Dismiss - 5 ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
1 1 rule prohibits plaintiffs from recovering in tort economic losses to which their entitlement
2 flows only from contract, because tort law is not intended to compensate parties for losses
3
suffered as a result of a breach of duties assumed only by agreement. Alejandra, 159 Wn. 2d
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at 682. Tort law is concerned with obligations imposed by law, rather than by bargain. Id.
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6 Contract law, in contrast, carries out an "expectation- bargain protection policy" that protects
7 11 expectation interests, and provides an appropriate set of rules when an individual bargains for
8 11 a product of particular quality or particular purpose." Id. Here, Plaintiffs are attempting to
9 11 recover their bargained for "expectation interests" through a claim for negligent
10 misrepresentation, which is a tort cause of action. All damages Plaintiffs allege are owed by
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CHAMBERLAIN were caused the actions of FH1, the seller under the contract.
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13 In addition, these alleged representations were apparently made to Plaintiffs by their
14 own agent, NIELAND, whom the Plaintiffs allege, under their agent's contract, failed to
15 11 adequately perform her contractual obligations to Plaintiffs by failing to adequately
16 1' investigate risks to Plaintiffs in the purchase of the property. Furthermore, CHAMMVVLATX
17 11 cannot be liable for representations made to Plaintiffs by NIELAND. Representations which
18 NIELAND allegedly made to Plaintiffs are not representations of CHAMBERLAIN since
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NIELAND is not CHAMBERLAIN's agent.
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21 3.3 Remaining allegations with respect to Steve Chamberlain are not the
22 basis for his liability to Plaintiffs under any theory.
23 Plaintiffs allege that the Defendant City of Yelm ( "YELM ") refused to allow
2 4 11 Plaintiffs to occupy their home in order to further a "personal vendetta" against
25 CHAMBERLAIN. A "personal vendetta" on the part of YELM„ even if it existed, in no way
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extends liability to CHAMBERLAIN for the alleged actions of YELM.
Plaintiffs further alleged that CHAMBERLAIN is an engineer and developer, and
was aware that the booster pump and pressure valve would be required to be installed in
Memorandum in Support of DITLEVSON RODGERS DIXON, P.S.
Motion to Dismiss - 6 ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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order for Plaintiffs to occupy their home, but that he did not warn them of the risk that it may
not get built. See Section 4.1(c). Plaintiffs have not alleged any facts establishing a duty on
the part of CHAMBERLAIN to warn them of the risks associated with buying lot 15. He
was not in contract with them in the transaction in question, and claims for negligent
misrepresentation are barred in this context.
IV. CONCLUSION
The court should dismiss Defendant CHAMBERLAIN from the lawsuit based on CR
12(b)(6) because Plaintiffs have alleged no facts which, if true, would in any way show that
Defendant CHAMBERLAIN is liable under any contract to plaintiffs. Likewise, Plaintiffs'
claim for damages under the tort theory of negligent misrepresentation is barred by the
economic loss rule because it seeks contract damages for Plaintiffs' bargained for
"expectation interest" under a tort cause -6f,,4ction.
Memorandum in Support of
Motion to Dismiss - 7
RICHsF -D-U.-DITLEVSON, WSB #735
Attorney for STEVE CHAMBERLAIN
DITLEVSON RODGERs DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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CERTIFICATE OF TRANSMITTAL
4
The undersigned certifies that on the k of March, 2010, she transmitted a true and
5 correct copy of the Defendant Steve Chamberlain's Memo in Support of Motion to Dismiss, as
6 follows:
19 I certify under the penalty of perjury under the laws of the State of Washington that
20 the foregoing is true and correct. t'
ti
21
22 Jt Alexander, Olympia, WA
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Memorandum in Support of
Motion to Dismiss - 8
DITLEVSON RODGERS DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
(360) 352 -8311, FAX: (360) 352 -8501
7
K placed with ABC Legal Messengers, Inc. for hand delivery to counsel of record
8
Ben D. Cushman Michelle Anastasia Corsi
9
Cushman Law Offices, P.S. Lee Smart P.S., Inc.
924 Capitol Way South 701 Pike St., Ste. 1800
10
Olympia, WA 98501 Seattle, WA 98101
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Douglas S. Dunham J. Michael Morgan
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Crane Dunham, PLLC J. Michael Morgan, PLLC
8005 th Ave., Ste. 4000 1800 Cooper Point Road SW, Bldg. 11
13
Seattle, WA 98104 Olympia, WA 98502
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C deposited in the mails of the United States a properly postage prepaid, stamped and
15
addressed envelope to counsel of record
16
Carol Ann Morris
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Lau Office of Carol A. Morris PC
P.O. Box 948
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Seabeck, WA 98380 -0948
19 I certify under the penalty of perjury under the laws of the State of Washington that
20 the foregoing is true and correct. t'
ti
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22 Jt Alexander, Olympia, WA
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Memorandum in Support of
Motion to Dismiss - 8
DITLEVSON RODGERS DIXON, P.S.
ATTORNEYS AT LAW
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
(360) 352 -8311, FAX: (360) 352 -8501
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0 EXPEDITE
O No hearing set
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O Hearing is set:
Date:rit-ifs2$�0 'e /C 9,�C1
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Time: 9:00 a.m.
Judge: McPhee
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8 SUPERIOR COURT OF WASHINGTON
9 FOR THURSTON COUNTY
10 ANDREW J. SMITH and CYNTHIA M. SMITH,
Husband and Wife,
11 Plaintiffs,
12
LTA
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THE CITY OF YELM, a Municipal Corporation;
14 GRANT BECK; STEVE CHAMBERLAIN; FHI,
LLC, a Washington corporation; DAN LEE;
15 TRIANCE GROUP INC., d/b /a TRIANCE
16 HOMES, a Washington corporation and a licensed
Washington construction contractor; STATE
17 FARM FIRE & CASUALTY CO., Bond No.
98GD85307; MAUREEN NIELAND;
18 VANDORM REALTY, INC., a Washington
19 corporation.
Defendants.
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STIPULATION
APR .9 9010
NO. 09 -2- 02879 -3
STIPULATION FOR DISMISSAL OF
DEFENDANT STEVE
CHAMBERLAIN, ONLY
The Plaintiffs and Defendant Steve Chamberlain, through their respective undersigned counsel,
hereby STIPULATE to the dismissal of Defendant Steve Chamberlain, subject to the following:
1. Steve Chamberlain is dismissed without prejudice, subject to his being renamed herein
if subsequent discovery uncovers facts which warrant naming him as a defendant;
STIPULATION FOR DISMISSAL OF DEFENDANT CUSHMAN
STEVE CHAMBERLAIN, ONLY - I LAW OFFICES, P.S.
A'f rORV r:YS AT LAW
C�p�
924 CAPITOL WAY SOUTH
OLYMPIA, WASHINGTON 98501
(360) 534-9183 FAX: (360) 956 -9795
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2. FH1, LLC remains as a defendant in the lawsuit, and as such is subject to discovery,
specifically including a deposition of its principal Steve Chamberlain; and
3. This dismissal is made without award of costs or fees and without prejudice to
Defendant Steve Chamberlain's ability to assert claims therefore in the event that he is renamed as a
defendant herein or in separate litiga 'on.
�I t
DATED this .7 day of , 2010.
CUSHMAN LAW OFFICES, P.S.
B. Cushman, WSBA # 26358
Attorney for Plaintiffs
DITLEVS0 RS XON P.S.
Ri and L. Ii tlevson, WSBA# 735
Attorney for Defendants Chamberlain and FH1, LLC
THIS MATTER having come before the Court, ex parte, upon the Stipulation of the parties
above - named, and the Court having considered the records and files herein, including Defendant
Chamberlain's motion for dismissal, and noting that no defendants submitted responses, to either
object or support Steve Chamberlain's dismissal, NOW THEREFORE, IT IS HEREBY ORDERED:
Defendant Steve Chamberlain, only, is dismissed without prejudice and without an award of
costs or fees.
DONE IN OPEN COURT this �( day of !/. & L— , 2010
H
H
Presented by:
STIPULATION FOR DISMISSAL OF DEFENDANT
STEVE CHAMBERLAIN, ONLY - 2
THOMAS McPKE
THE HONORABLE THOMAS MCPHEE
CUSHMAN 924 CAPITOL WAY SOUTH
LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAW (360) 5349183 FAX: (360) 956 -9795
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Richard L Ditlevson, WSBA # 735
Attorney for Defendants Steven L. Chamberlain and FH1, LLC
Copy received, notice of presentation waived, approved for entry:
Bri')5. Cushman, WSBA # 26358
/Ittorney for Plaintiffs
STIPULATION FOR DISMISSAL OF DEFENDANT CUSHMAN 924 CAPITOL WAY SOUTH
STEVE CHAMBERLAIN, ONLY - 3 LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAW (360) 534-9183 FAX: (360) 956 -9795
Richard L. Ditlevson
ATTORNEYS AT LAW
360/352 -8311
G. Saxon Rodgers
324 West Bay Drive NW, Suite 201
FAX 352 -8501
James J. Dixon
Olympia, Washington 98502
www.BuddBayLaw.com
C. Scott Kee
Email: dickd @BuddBayLaw.com
Jennifer A. Pearson
Legal Assistants:
Maralyn C. Ditlevson
Bruce R. Busch
Melissa Shumway
Heather Christenson
Michelle Lopardi
Joshua C. Sneva
Cathy Hitchman
Joe D. Frawley
Julie Alexander
KC Wilkerson
Genie Bohl
Lori Holt
April 13, 2010
JJ Child
Ben D. Cushman
Cushman Law Offices, P.S.
924 Capitol Way South
Olympia, WA 98501
RE: Andrew and Cynthia Smith vs. Chamberlain, Beek, FH1, et al
Dear Mr. Cushman:
Please find enclosed a conformed copy of the Stipulation for Dismissal of Defendant,
Steve Chamberlain, only. As you know, on April 12th, Judge McPhee signed the Order and it
was entered with tite Court.
Thank you.
jto urs, son
RLD /m
Enclosure
cc: Steven L. Chamberlain
J. Michael Morgan
Carol Ann Morris
Douglas S. Dunham
Michelle A. Corsi