Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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Scott’s declaration also stated that he never received any of the notices from Mason County

Public Health and Human Services or the Jorgensens’ attorney about the Jorgensens’ complaints.

He stated that he never had a P.O. Box address and that he never received the notices while he was

in jail.

B. DECLARATION FROM FAY JACKSON

Jackson submitted two declarations in support of the unlawful detainer action that largely

corroborated Scott’s declaration. She explained that due to Scott’s problems with drugs, she

helped him keep track of his properties and affairs and was familiar with the Tralee property and

the Jorgensens.

Jackson denied being told of the Jorgensens’ septic problems and stated that neither she

nor Scott had ever received contact from Mason County’s public health department and that Scott

did not use the P.O. Box listed on the notices. Jackson also corroborated Scott’s reasons for why

he was unable to reside at any of his other properties in Shelton.

C. DECLARATION FROM MIKE FESENBEK

The Egberts also submitted a declaration from Mike Fesenbek, a septic operator not

affiliated with AAA Septic, who inspected the Tralee property’s septic system in July 2024 after

the start of the eviction proceedings. Fesenbek’s declaration stated that when he inspected the

Tralee property, “[e]verything about the septic system was working and functioning well.” CP at

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No. 60448-5-II

272. Based on Fesenbek’s inspection, “[t]here was no sewage leaking or pumping issues,” and

“[t]here were no signs of any previous septic sewage overflows.” CP at 272.

Fesenbek also declared that although during the inspection the Jorgensens had told him