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Joel E. Wright, William R. Kiendl, and Mark A. Horey won summary judgment of dismissal in Carter v. Suttell & Associates. Plaintiff, a chiropractor, alleged that his clinic was forced to close due to collection litigation brought by the defendant law firm on behalf of a credit card company. Plaintiff's theories were that the law firm was really a collection agency, and that it violated the Consumer Protection Act. Finding no evidence to support plaintiff’s allegations, the trial court dismissed the action.

Janis G. Pelletier obtained dismissal of Regalia Trust v. Neighbours Seattle, Inc., an unlawful-detainer action. Regalia sued its tenant, Neighbours, a nightclub, for unlawful detainer, alleging that Neighbours had failed to pay rent. Regalia actually sought to oust Neighbours from the premises and break a 25-year-old lease, which contained five more two-year options to renew. The lease provided that Neighbours paid a rental rate that was a fraction of the current market rate. However, Janis proved that Neighbours had paid the rent faithfully and even had a credit balance. The lease entitled the prevailing party to attorney fees. Janis also argued that, even if the landlord won a judgment, the law required the court to restore the lease agreement if the judgment were paid within five days. Janis persuaded plaintiff to drop the action a week before trial.

Sam B. Franklin and Marc Rosenberg won summary judgment in Hamann v. Williams, a legal-malpractice action. Plaintiff made several claims regarding the attorney’s representation, including the failure to properly serve a party, improperly advising settlement with another party, and failure to appeal a judgment against the plaintiff. The court agreed with Sam and Marc that the plaintiff had no proof that the attorney breached the standard of care or caused plaintiff's alleged damages.

Washington Law & Politics magazine’s Summer 2009 issue has named “Superlawyers” in several areas of practice. The designation results from recognition of individual attorneys in Washington for their great skill and the highest quality of legal representation. The Superlawyers’ peers evaluate them on 12 indicators of peer recognition and professional achievement. In the Professional Liability: Defense area of practice, eight lawyers were named statewide. Four of the eight were Lee Smart attorneys: David L. Martin, Joel E. Wright, Jeffrey P. Downer, and Sam B. Franklin.

The Lee Smart Quarterly is a publication of the law offices of Lee Smart, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
Phone: 206.621.3482	Toll Free: 877.624.7990