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Wash. Court of Appeals published opinion — 392716_ord.pdf

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Wash. Court of Appeals published opinion — 392716_ord.pdf
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Washington (state)
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within the statutory period, they are liable for the full amount of the deposit. Former

RCW 59.18.280(2).

When deciding whether the exception to former RCW 59.18.280(2) applies, there

is no ambiguity as “[c]ircumstances are either beyond a landlord’s control or within a

landlord’s control.” Goodeill v. Madison Real Est., 191 Wn. App. 88, 101, 362 P.3d 302

(2015). Circumstances within a landlord’s control can be divided into active or passive

delays. Id. at 102. Active delays are when a landlord simply fails to promptly do

something, and passive delays are when a landlord permits an unreasonable delay by

another. Id.

In viewing the evidence in the light most favorable to Mr. Christensen, his

affidavit, dated August 30, 2021, reveals his health was very poor, he was not

ambulatory, and he was unable to leave his residence without the assistance of a health

care provider at the time his RCW 59.18.280 notice was due. Further, in his affidavit,

Mr. Christensen claims he mailed the security deposit reconciliation sheet within the

required 21 days.

Generally, when a party gives clear answers to unambiguous questions in a

deposition that negate the existence of any question of material fact, that party cannot

thereafter create such an issue with an affidavit that merely contradicts, without

explanation, previously given clear testimony. Cornish Coll. of Arts v. 1000 Va. Ltd.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen

P’ship, 158 Wn. App. 203, 227, 242 P.3d 1 (2010) (quoting Marshall v. AC&S, Inc.,

56 Wn. App. 181, 185, 782 P.2d 1107 (1989)).

Mr. Christensen’s affidavit contradicts his earlier deposition testimony. First,