Michael Duane Daudt’s Answers

Michael Duane Daudt

Seattle Class Action Attorney.

Contributor Level 11
  1. Can I put a gate up and charge people for using the road on my property?

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Shawn B Alexander
    3. Rani Kay Sampson
    3 lawyer answers

    No, you absolutely cannot gate the easement against the wishes of the other easement owners. You only have four legal options as I see it. First, ask the other easement owners to contribute. Second, search for a road maintenance agreement that could have been recorded at the same as the easement or any time thereafter. Third, assuming there is no such agreement, make an appointment with a local real estate lawyer who can advise you about what it would cost to bring a lawsuit to seek...

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  2. Was slandered and pushed out of a LLC. Have not received any monthly reports. Can I dissolve the LLC?

    Answered 10 months ago.

    1. Michael Duane Daudt
    2. Frank Anthony Natoli
    3. Kevin Matthew Sayed
    3 lawyer answers

    There is no easy, cheap shortcut to getting an LLC dissolved if the members do not do it voluntarily. As a minority owner, you would have to bring a lawsuit to force a dissolution if your sister does not agree to dissolve, which would likely be very expensive. And even if you do file such a lawsuit, the judge might not dissolve the LLC if it is a going concern. If, as you imply, the restaurant would be forfeited back to the original owners if the LLC is dissolved, it is very unlikely that a...

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  3. Can I successfully sue my neighbor for flooding damages to my home caused by their malicious discharge of rainwater?

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Crystal Grace Rutherford
    3. Kevin Coluccio
    3 lawyer answers

    Landowners are liable for damage caused by channeling surface waters onto their neighbor's property. If you sue within two years after the channeling started, you do not need to establish that your neighbor did it "maliciously," or even negligently. In Washington, there is "strict liability" for channeling water in the manner that you are describing, meaning that it doesn't matter whether your neighbor acted carelessly or intentionally. My firm handles many cases like this and I would be...

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  4. Can a prime contractor fail to pay a sub claiming subpar work without giving them opportunity to remedy?

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Christopher Lee Thayer
    3. Joseph T G Harper
    4. Saphronia R Young
    4 lawyer answers

    The answer depends on what your contract says. If the contract doesn't cover it, I'd say you have a good argument that the work was accepted, and you are entitled to be paid in full.

    9 lawyers agreed with this answer

  5. Landscapers dropped a tree on my sunroom and afterwards I discovered they are not insured for tree removal, can I sue?

    Answered 10 months ago.

    1. Michael Duane Daudt
    2. Shawn B Alexander
    3. Joshua David Dabling
    4. Christian K. Lassen II
    5. Samuel Cohen
    5 lawyer answers

    Unless you can find a lawyer to take your case on a contingent fee basis, it would very likely cost you way more in attorney's fees to sue than you would pay in increased insurance premiums. And it would likely take a year or more to collect anything from the lawsuit. If it were me I would just make a claim on my insurance.

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  6. Is there a way to remove a easement

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Michael T Millar
    3. Byron David Flagg
    4. John W Knuff
    4 lawyer answers

    if the easement has not been "abandoned" by your neighbor, and if it is binding (either through a properly drafted written easement or a "prescriptive" easement that has been in use for 10 years or more), you cannot remove the easement. The burdened property owner cannot extinguish an easement merely because the benefited neighbor doesn't actually need the easement. If this is a situation where your neighbor is using more of the easement area than he or she historically has used, or is...

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  7. I NEED TO GET IT RIGHT PLEASE :(

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Rixon Charles Rafter III
    2 lawyer answers

    There is no statute that gives a non-attorney pro se party the power to issue a subpoena. You will have to get the clerk to issue the subpoenas.

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  8. Does someone duly licensed as a real estate broker in Washington and as an attorney have a duty to disclose the fact that...

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Michael Duane Daudt
    3. John L Comstock
    4. Michael T Millar
    5. Douglas S. Tingvall
    5 lawyer answers

    I do not believe that statutory licensee disclosure duties (as a broker) would require disclosure of any other licenses held by the broker, be it a license to practice law or any other license. There may be some circumstances where the the Rules of Professional Conduct for lawyers would require disclosure, particularly if anyone involved in the transaction was a former or current client. But absent some unusual circumstance like that, there is no RPC that would require disclosure. That...

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  9. If a neighbor cuts down a tree on my property in my absence, without my permission, what is my recourse?

    Answered about 1 year ago.

    1. Katie Jean Comstock
    2. Michael Duane Daudt
    3. Peter J Weinman
    3 lawyer answers

    Ms. Comstock is correct. I would add that your attorney's fees are also recoverable under these circumstances. The applicable statute is linked below.

    7 lawyers agreed with this answer

  10. Quit claim deed reversal question for Washington State

    Answered over 1 year ago.

    1. Michael Duane Daudt
    2. Thuong-Tri Nguyen
    2 lawyer answers

    Your best course of action would be to hire an attorney to review your situation and draft appropriate documents. However, if you want to do this on the cheap by yourselves, it sounds like you would need to have your husband sign a quit claim deed that deeds the property over to both of you as husband and wife. I want to emphasize that you really should not do this without hiring a lawyer to assist you. It is easy to make mistakes that can cause problems when it comes to real estate. For...

    7 lawyers agreed with this answer