Wash. Court of Appeals published opinion — 361896_pub.pdf

Citation: Wash. Court of Appeals published opinion — 361896_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/361896_pub.pdf ↗

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asks that we review the trial court’s ruling de novo. After all, we review summary

judgment orders de novo. Keck v. Collins, 184 Wn.2d 358, 370, 357 P.3d 1080 (2015).

I would avoid the question of the standard of review in addition to the query about

the wisdom of granting summary judgment in an equitable suit. Regardless of whether

4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 36189-6-III
Borton & Sons, Inc. v. Burbank Properties, LLC (dissent)

this court defers to the superior court or weighs anew the evidence, I would affirm the

superior court.

I move now to the merits. The lease between Burbank Properties and Borton

reads, in relevant part:

SECTION EIGHT OPTION TO PURCHASE

In consideration of Lessee agreeing to sell the property to Lessor and
to execute this Lease, Lessor hereby gives and grants to the Lessee an
option to purchase the property for the sum of One Million Eight Hundred
Thousand and NO/100 DOLLARS ($1,800,000.00) which shall be paid on
closing. Lessee may exercise its option to purchase the Property at any
time prior to December 31, 2017. Lessee’s election to exercise this option
must be evidenced by a written notice addressed to Lessor, sent by
registered or certified mail to Lessor to Lessor’s last known address. If the
option is timely exercised, the term of the Lease shall be extended until
closing.
....
Closing shall occur no later than December 31, 2018. . . .

CP at 12-13. Burbank Properties prepared its notice to exercise the option on December

27, but due to inadvertence did not mail the notice until January 4.

SECTION TEN DEFAULT