Parker v. Taylor
Jan 04, 2007OUTCOME: Verdict for defendant, Irene Parker
In May 2003, Ms. Parker signed a residential lease agreement with Mr. and Ms. Taylor. In August 2003, Ms. Parker started withholding rent after the Taylors failed to repair residence deficiencies. O ... n September 30, 2003, the Taylors filed an unlawful detainer suit against Ms. Parker. About the same time, Ms. Parker agreed to pay storage fees. On November 3, a commissioner ordered Ms. Parker to pay $1,210 into the court registry by November 10. On December 7, 2003, Ms. Parker wired $1,000 to the Taylors in Gig Harbor. On December 8, 2003, the Taylors, with a deputy sheriff's assistance, evicted Ms. Parker under a writ of restitution. "On December 8, 2003, [the Taylors] did not ask, nor did [the Taylors] suggest, whether [Ms. Parker] wanted her personal property to be placed in storage or some other secure place." Clerk's Papers (CP) at 4. As a result of these events, Ms. Parker alleged her property was put on the curb and became "missing." CP at 5. According to Ms. Parker, the Taylors "have consistently ignored [her] requests to return the missing property collected at the time [she] was removed from the premises." Id. In October 2004, Ms. Parker, with the help of University Legal Assistance, sued the Taylors for their failure to properly store her property under RCW 59.18.312(1). Mr. and Ms. Taylor denied the relevant complaint allegations and moved under CR 12(b)(6) to dismiss for failure to state a claim. Ms. Parker countered by requesting partial summary judgment. The court granted the Taylors' motion to dismiss, concluding RCW 59.18.312(1) created no affirmative duty upon a landlord to store a tenant's property. Ms. Parker appealed. Irene Parker appealed the trial court's CR 12(b)(6) dismissal of her tenant-complaint against landlords, Glenn and Kim Taylor. The Court of Appeals decided that the trial court erred by failing to accept Ms. Parker's verified complaint allegations as true as required by CR 12(b)(6). Further, the Court of Appeals concluded that the trial court erred in interpreting a provision of the Residential Landlord-Tenant Act (RLTA), RCW 59.18.312(1). The Appellate Court held that under RCW 59.18.312(1), a landlord has an affirmative duty to store a tenant's personal property in a reasonably secure place upon the execution of a sheriff's writ of restitution, barring the exceptional circumstances specified in the statute. Accordingly, the Court of Appeals reversed the trial court's dismissal of Ms. Parker's complaint for property damages suffered by her when the Taylors put her property out on the curb.
