Latest Case This Week: Segura v. Cabrera (Washington Supreme Court)
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Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
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*PIRS/Harris Company and the Science of Real Estate-Partners*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Landlord/Tenant Law - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Landlord/Tenant Law - Justia Weekly Opinion Summaries
Sent: Friday, October 30, 2015 6:21 AM
To: Commercial Appraiser <[email protected]>
Subject: Latest Case This Week: Segura v. Cabrera (Washington Supreme Court)
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John Dean
Former counsel to the president John W. Dean strongly critiques the House Select Committee on Benghazi for conducting itself without decency or civility. Read Article
Weekly Opinion SummariesLandlord - Tenant
Weekly Summaries Distributed October 30, 2015
· Segura v. Cabrera
Landlord - Tenant, Real Estate & Property Law
Washington Supreme Court Receive this and other FREE daily opinion summaries from Justia
Segura v. CabreraCourt: Washington Supreme Court Docket: 90088-4 Opinion Date: October 29, 2015 Areas of Law: Landlord - Tenant, Real Estate & Property Law Rogaciano and Raquel Cabrera bought a house in Pasco, Washington, in 2007. In 2011, they obtained a license from the city to rent the house as a single residential unit. Contrary to the license, the Cabreras rented the upstairs and the basement as separate apartments. The Cabreras leased the basement to Jose Segura and Tabetha Gonzalez (collectively Segura) for a year. Segura paid $600 for the first month's rent, $600 for a rental security deposit, and $150 as a deposit for electric utility service. Five days later, the city of Pasco Code Enforcement Office inspected the property and found that the Cabreras had converted the single family dwelling into a duplex without a permit and that the basement unit was uninhabitable. Accordingly, the city ordered Segura to vacate the premises within 20 days. Segura sought compensation from the Cabreras. The Cabreras did not respond to the letter. On July 19, the Cabreras gave Segura a notice to vacate by August 7, 2011. Segura claimed that after sending the demand letter but before this move-out deadline, Mr. Cabrera entered the unit without notice, changed the locks, removed some of Segura's personal property, and tried to have Segura's car towed from the property. Segura sued the Cabreras on July 26 for damages under the Residential Landlord-Tenant Act (RLTA). The Cabreras answered, alleging, as the only affirmative defense, that"[ d]efendant had no knowledge it was illegal." Segura moved for summary judgment, seeking money for rent, security deposit, utility deposit, relocation assistance and other expenses related to moving into a new home, plus $1,000.00 in emotional distress damages, and $5,209.55 in attorney fees. The trial court granted Segura's motion for summary judgment but rejected the request for emotional distress damages, concluding they were not recoverable under RCW 59.18.085(3). The Court of Appeals affirmed the denial of emotional distress damages in a published, split decision. The Supreme Court affirmed, holding that the plain language of RCW 59.18.085 does not allow recovery for emotional distress. http://j.st/4eiA View Case On: Justia Google Scholar
Justia has an unparalleled track record of helping lawyers & law firms grow their practices with online marketing. Contact us today to learn more about how we can help you turn your website into an effective marketing tool. Call Us (888) 587-8421 or Contact Us. Forward to a FriendHave friends who like law? Forward this email.Find Us on FacebookLike Justia and enjoy legal discussions on Facebook.Follow Us on TwitterFollow Justiacom for news and updates on Twitter.Justia.com Free Legal Information Portalwww.Justia.comFederal & State Case Law, Codes & RegsLaw.Justia.comUS Federal Case Filings & DocketsDockets.Justia.comDaily Opinion SummariesDaily.Justia.comYou received this email because you have subscribed to Justia Daily Opinion Summaries. You can subscribe to summaries for US Courts, including the US Supreme Court, all US Courts of Appeals and some US state courts.Visit the Justia Daily Opinion Summaries page to add, edit or remove subscriptions.If you are experiencing problems with this newsletter, please email our tech support team at [email protected] From This Newsletteror unsubscribe [email protected] immediately here."Justia" is a registered trademark of Justia Inc.
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Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED Certification The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Landlord/Tenant Law - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Landlord/Tenant Law - Justia Weekly Opinion Summaries
Sent: Friday, October 30, 2015 6:21 AM
To: Commercial Appraiser <[email protected]>
Subject: Latest Case This Week: Segura v. Cabrera (Washington Supreme Court)
Free Landlord - Tenant case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser.
To ensure delivery to your inbox, please add [email protected] to your address book.
Justia Daily Opinion Summaries is a FREE service.Subscribe to summaries of US appellate court opinions at Daily.Justia.comPractice area emails with summaries from all reviewed courts are sent weekly.You May FREELY Redistribute This E-Mail in Whole.Today on Verdict
Will the Committee on Benghazi Find a Sense of Decency?
John Dean
Former counsel to the president John W. Dean strongly critiques the House Select Committee on Benghazi for conducting itself without decency or civility. Read Article
Weekly Opinion SummariesLandlord - Tenant
Weekly Summaries Distributed October 30, 2015
· Segura v. Cabrera
Landlord - Tenant, Real Estate & Property Law
Washington Supreme Court Receive this and other FREE daily opinion summaries from Justia
Segura v. CabreraCourt: Washington Supreme Court Docket: 90088-4 Opinion Date: October 29, 2015 Areas of Law: Landlord - Tenant, Real Estate & Property Law Rogaciano and Raquel Cabrera bought a house in Pasco, Washington, in 2007. In 2011, they obtained a license from the city to rent the house as a single residential unit. Contrary to the license, the Cabreras rented the upstairs and the basement as separate apartments. The Cabreras leased the basement to Jose Segura and Tabetha Gonzalez (collectively Segura) for a year. Segura paid $600 for the first month's rent, $600 for a rental security deposit, and $150 as a deposit for electric utility service. Five days later, the city of Pasco Code Enforcement Office inspected the property and found that the Cabreras had converted the single family dwelling into a duplex without a permit and that the basement unit was uninhabitable. Accordingly, the city ordered Segura to vacate the premises within 20 days. Segura sought compensation from the Cabreras. The Cabreras did not respond to the letter. On July 19, the Cabreras gave Segura a notice to vacate by August 7, 2011. Segura claimed that after sending the demand letter but before this move-out deadline, Mr. Cabrera entered the unit without notice, changed the locks, removed some of Segura's personal property, and tried to have Segura's car towed from the property. Segura sued the Cabreras on July 26 for damages under the Residential Landlord-Tenant Act (RLTA). The Cabreras answered, alleging, as the only affirmative defense, that"[ d]efendant had no knowledge it was illegal." Segura moved for summary judgment, seeking money for rent, security deposit, utility deposit, relocation assistance and other expenses related to moving into a new home, plus $1,000.00 in emotional distress damages, and $5,209.55 in attorney fees. The trial court granted Segura's motion for summary judgment but rejected the request for emotional distress damages, concluding they were not recoverable under RCW 59.18.085(3). The Court of Appeals affirmed the denial of emotional distress damages in a published, split decision. The Supreme Court affirmed, holding that the plain language of RCW 59.18.085 does not allow recovery for emotional distress. http://j.st/4eiA View Case On: Justia Google Scholar
Justia has an unparalleled track record of helping lawyers & law firms grow their practices with online marketing. Contact us today to learn more about how we can help you turn your website into an effective marketing tool. Call Us (888) 587-8421 or Contact Us. Forward to a FriendHave friends who like law? Forward this email.Find Us on FacebookLike Justia and enjoy legal discussions on Facebook.Follow Us on TwitterFollow Justiacom for news and updates on Twitter.Justia.com Free Legal Information Portalwww.Justia.comFederal & State Case Law, Codes & RegsLaw.Justia.comUS Federal Case Filings & DocketsDockets.Justia.comDaily Opinion SummariesDaily.Justia.comYou received this email because you have subscribed to Justia Daily Opinion Summaries. You can subscribe to summaries for US Courts, including the US Supreme Court, all US Courts of Appeals and some US state courts.Visit the Justia Daily Opinion Summaries page to add, edit or remove subscriptions.If you are experiencing problems with this newsletter, please email our tech support team at [email protected] From This Newsletteror unsubscribe [email protected] immediately here."Justia" is a registered trademark of Justia Inc.
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