Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf

Citation: Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/877801%20orderandopinion.pdf ↗

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ongoing and reserved the right to supplement its answer.

On December 20 the Cromars moved for summary judgment on their individual

RLTA claim and relinquished their class claims and individual CPA claim. In their

motion, the Cromars cited TAG Realty’s above-mentioned answer to interrogatories and

explained that discovery revealed there was a lack of numerosity to move forward with

their class claims.

On January 13 TAG Realty filed a notice of non-opposition to the Cromars’

summary judgment motion. The trial court granted summary judgment to the Cromars

the next day. The court found there was no genuine issue of material fact that TAG

Realty retained a portion of the Cromars’ security deposit based on an unlawful deposit

4
Plaintiffs later amended their complaint to substitute Bohmann with 1021 N 29th Street,
LLC as the correct owner of the subject rental home, but that company was later dismissed
through a joint motion. The court noted that the plaintiffs and “1021 N 29th Street, LLC shall
each bear their own fees and costs as to those dismissed claims.”
4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
87780-1-I/5

forfeiture provision in the parties’ lease agreement in violation of the RLTA. See

Gebreseralse v. Columbia Debt Recovery, 24 Wn. App. 2d 650, 659-60, 521 P.3d 221

(2022); RCW 59.18.310.

Accordingly, the trial court found TAG Realty was liable to the Cromars for the full

amount of the $2,200 security deposit. See RCW 59.18.280(2). Additionally, the court

found that TAG Realty’s withholding of the security deposit was intentional under RCW

59.18.280(2) and thus awarded the Cromars double damages for a total of $4,400. It is

undisputed that TAG Realty did not return the Cromars’ security deposit until the entry