Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)

Citation: Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Parent Document: Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-03-08
Original Source: https://www.courtlistener.com/opinion/4931207/housing-authority-v-newbigging/ ↗

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Further, counsel’s letter of August 13, 1999 “allow[ed]” Ms. Newbigging to “get current” on her rent by September 3, 1999 and thus escape default judgment. CP at 38. She had already cured the July default and overpaid her August rent before counsel’s deadline. Her September rent was not due at least until the 5th. As she was current on her rent, Ms. Newbigging mistakenly believed the matter was settled as counsel’s misleading letter of August 13 suggested. Ms. Newbigging’s statements in the record indicate she was operating under the understandably mistaken belief she had settled the matter. Thus, her failure to appear on September 3, 1999 was not willful; it was the product of excusable negligence, mistake, and inadvertence. See Norton, 99 Wn. App. at 124 (reasoning insurer miscommunication with defendant and defendant’s confusion with regard to summons and complaint constituted mistake and excusable neglect).

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