Marc Rosenberg obtained dismissal as a matter of law for his attorney clients in Nhye v. Village at 330th Owners Association, et al., King County Superior Court, cause no. 21-2-15417-1-KNT. Plaintiff, who was married to a unit owner at the condominium, brought suit against the condominium association, its property manager, and its attorneys in regard to the makeup of the association’s board of directors and actions taken by the allegedly illegitimate board, including amending the condominium declaration and governing documents. Marc represented the attorneys, and obtained dismissal by arguing: (1) the unit owner lacked standing to bring a derivative suit against the attorneys for damages alleged to the association, (2) that some claims were barred by the judicial-action privilege, and (3) the remainder of plaintiff’s claims were either not cognizable claims or provided only a public, not private, right of action.
May 23, 2022