Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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Elwell advocated interpreting the rule to require that a tenant pay the $25 fee whenever any car beyond two is in the tenant’s space for a “substantial portion of the month.” Accordingly, Elwell argued, she was entitled to judgment as a matter of law because Hwang “simply [hasn’t] proved that those vehicles were there for any substantial portion of the month—for June and July.”17 In contrast, Hwang argued that the landlord should count the number of cars in a person’s space as of the first of each month when rent is due and calculate the rent for that month on that basis. The court fashioned its own interpretation of Rule 4.1 and granted the CR 50 motion. Specifically, the court held that the best way to establish the number of cars subject to the extra vehicle fee is by a registration procedure. The court also concluded there was insufficient evidence to show there were more than two cars at Elwell’s space every day in June and July:

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