Michael G. Gusa’s Answers

Michael G. Gusa

Olympia Litigation Lawyer.

Contributor Level 4
  1. Is someone selling drugs in front of their children considered abuse? Can I report it without having witnessed it firsthand?

    Answered over 2 years ago.

    1. Michael G. Gusa
    2. Teresa Lynn Border
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Certainly, you can report these allegations to Child Protective Services. The fact that you have no first hand knowledge does not prevent you from making a report. However, it may limit the agency's ability to act. If you make a report, it will be in the agency's hands. If you don't, and no one else does, the agency will be able to do nothing.

    4 lawyers agreed with this answer

  2. Does a sewer easement granted to neighbor A extend indefinitely to other neighbors that want to connect through neighbor A?

    Answered over 2 years ago.

    1. Michael G. Gusa
    2. Rand L. Koler
    3. Shawn B Alexander
    3 lawyer answers

    There is no such thing as a "standard" easement. Absent some fact that you do not mention, you have no obligation to give a sewer easement to another neighbor. Nor do you have an obligation to allow the holders of the easement to convey a right to use to others. The terms of any easement you grant are up to you. The fact that they want the right to allow other use suggests that they seek more than a neighborly accommodation. If you do not limit use, you could find that your property may...

    3 lawyers agreed with this answer

  3. Self-help eviction RCW 59.18.290. Judge dismissed case w/ "You had no lease" even w/ police report and evidence. Is this legal?

    Answered about 2 years ago.

    1. Michael G. Gusa
    2. Kate M Forrest
    2 lawyer answers

    It appears that you constituted a "tenant at will". The tenancy of a tenant at will can be terminated upon notice terminating the tenancy and a reasonable time to move. It appears that the landlord acted improperly and his actions may have given rise to a claim. However, if the judge dismissed the case, your only option is to appeal, if the time for appeal has not passed. If you appeal and prevail, the decision will be overturned and you will get a new trial. If the time for appeal has...

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  4. Domestic violence victim eviction

    Answered 4 months ago.

    1. James J White
    2. Shawn B Alexander
    3. Elizabeth Rankin Powell
    4. Michael G. Gusa
    4 lawyer answers

    RCW 59.18.580(2) provides, in part, that a landlord may not terminate a tenancy or fail to renew a tenancy due to the tenant's status as a victim of domestic violence. Under that statute, a landlord is prohibited from evicting a tenant because the tenant is a victim of domestic violence. Being a victim of domestic violence is not a lawful basis for eviction. However, the statute does not prevent eviction based upon some other cause. Therefore, if the landlord has some other lawful...

    1 lawyer agreed with this answer

  5. Hello, Is an Attorney required to file a motion to vacate a non criminal order (CR 60) off your background?

    Answered almost 2 years ago.

    1. Michael G. Gusa
    2. Saphronia R Young
    2 lawyer answers

    A motion to vacate under CR 60 applies to civil matters only. It is not clear from your question that this is a civil matter. Moreover, to have the motion granted, you must meet the criteria in the rule. The standard for granting these motions is not easy to meet. You have a right to do this yourself. However, you may not have the skill needed to succeed. If you try on your own and fail, the court probably will not allow you to try again with a lawyer. Don't be penny wise and pound foolish.

    1 lawyer agreed with this answer

  6. Brown water is coming out of the faucet after Monday's flood and we are waiting for water test results, do I pay tenant's hotel?

    Answered about 2 years ago.

    1. Elizabeth Rankin Powell
    2. Shawn B Alexander
    3. Michael G. Gusa
    3 lawyer answers

    Ms. Powell and Mr. Alexander have given you the safest course of action. And that may also be the best course to take. However, I will offer a different perspective. You say that the condition resulted from the flooding of a nearby creek. If this is a fairly frequent event, the tenants may be able to successfully claim that you have not provided an adequate water supply. However, if this is the first time you are aware of, that may be another matter. In the Tucker case cited by Ms....

    1 lawyer agreed with this answer

  7. I repaired a vehicle and the owner never returned. How do I obtain title on this vehicle?

    Answered over 2 years ago.

    1. Michael G. Gusa
    2. Thomas Jay Westbrook
    3. Peyman Dadmehr
    3 lawyer answers

    You say that you performed the work six years ago. The exact date may be significant. Another significant issue is whether you had a written agreement with the customer. If the debt is a significant sum, you should consult an attorney.

    1 lawyer agreed with this answer

  8. Wa. State. Is the POA accountable for letting someone else be negligent with funds.

    Answered over 2 years ago.

    1. Michael G. Gusa
    2. Joseph Franklin Pippen Jr.
    3. Steven J. Fromm
    3 lawyer answers

    The holder of a power of attorney has some discretion in how funds are used. The question is whether the use of the funds constitutes abuse. Allowing forged checks and not paying bills could well constitute abuse. If your mother is elderly, Adult Protective Services may step in. You should contact that agency. Another possibility is that you could bring suit against your brothers for forgery, breach of duty under the power of attorney and appointment of a guardian of your mother or your...

    1 lawyer agreed with this answer

  9. Tenant gave notice moving out before lease is up

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. Allen T. Miller
    3. Michael G. Gusa
    4. Brandy Ann Peeples
    4 lawyer answers

    You have several issues here. Even though you intended to create a two year lease, if the document is not legally sufficient, you may have created only a month to month tenancy. The issue is not what the parties intended to do, but whether the document is legally sufficient. A purported lease that is not legally sufficient creates only a month to month tenancy, regardless of the intent of the parties. Assuming that you have a valid lease, the next major issue is mitigation of damages. In...

    1 lawyer agreed with this answer

  10. Neighboring landlord attempting adverse possession: claims a chain link fence, instead of the hedgerow defines the boundary line

    Answered over 2 years ago.

    1. David M von Beck
    2. Michael G. Gusa
    3. Shawn B Alexander
    3 lawyer answers

    There is not sufficient information to ascertain whether the neighbor has adversely possessed a portion of your property. Additional investigation would be needed. Also, if the neighbor cut down foliage on your property, you may have a claim for what is called "timber trespass". this claim may exist even if the foliage is not "timber".

    1 lawyer agreed with this answer