Michael John Kapaun's Legal Cases (2)

Corporate and incorporation

Houk v. Best Development & Const. Co., Inc., et al., 179 Wash.App. 908 (Div. III 2014)

Mar 13, 2014

OUTCOME: Obtained dismissal of all claims against LLC and managing member on appeal, plus an award of attorney fees.

Homeowners sued numerous parties, including developer and its managing member, for alleged construction defects. The trial court denied a motion for summary judgment based on the statute of limitation ... s for claims against dissolved LLCs and their managers/members. We obtained discretionary review of the case before it had to go to trial. The Court of Appeals issued a published opinion, dismissing all of the claims against our clients and awarding attorney fees.

Real estate

Davey v. Windermere Services, Co, 172 Wn.App. 1011 (2012) rev. denied 177 Wn.2d 1005 (2013) cert. denied 134 S. Ct. 425 (2013)

Oct 15, 2013

OUTCOME: All claims dismissed and plaintiff ordered to pay defendants' attorney fees.

Seller of real property filed suit against real estate broker and agents, alleging fraud, breach of fiduciary duties, intentional infliction of emotional distress and Consumer Protection Act violations ... . Successfully obtained summary dismissal of the plaintiff's lawsuit by demonstrating that the plaintiffs had already litigated the issues underlying their current claims in a prior case against the buyers. Dismissal was affirmed on appeal. Successfully challenged further appellate review by the Washington State Supreme Court and United States Supreme Court. Obtained an award of attorney fees at the trial court level and all levels of appeal.

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