CANAL STATION NORTH CONDO. v. BALLARD LEARY

No. 69500-2-I.

322 P.3d 1229 (2013)

178 Wash.App. 1030

CANAL STATION NORTH CONDOMINIUM ASSOCIATION, a Washington nonprofit corporation, Respondent, v. BALLARD LEARY PHASE II, LP, a Washington limited partnership; BRCP/CPI Phase II, LLC, a Washington limited liability company; Continental Pacific Investments Real Estate Fund 1, LP, a Washington limited partnership; CPI Fund 1, LLC, a Washington liability company; Continental Properties, LLC, a Washington limited liability company; Claudio Guincher and Jane Doe Guincher, individually and the marital community comprised thereof; and Don Bowzer and Jane Doe Bowzer, individually and the marital community compromised thereof, Appellants, Doe Affiliates 1-50; Doe Principals 1-10; Doe Declarant Board Members 1-10; Doe Contractors 1-20; Doe Declarant Agents 1-10; Doe Transferees 1-50; Uponor, Inc., an Illinois corporation; Dahl Brothers Canada, Ltd., a Canadian corporation; Brass-Craft Manufactruing Company, a Michigan corporation; Doe Manufacturing Companies 1-20; doe distributing companies 1-20, Defendants.

Court of Appeals of Washington, Division 1.

December 23, 2013.


Attorney(s) appearing for the Case

John E. Zehnder, Jr. , Jennifer M. Smitrovich , Rachel Stoker , Scheer & Zehnder LLP, Daniel Stephen Houser , Stein, Flanagan, Sudweek & Houser, PLLC, Ray P. Cox , Forsberg & Umlauf PS, Andrew J. Gabel , Lane Powell PC, Thomas James Collins , John T. Dalton, Jr. , Merrick, Hofstedt & Lindsey, PS, Seattle, WA, for Petitioner.

Jerry Harvey Stein , Leonard D. Flanagan , Stein, Flanagan, Sudweeks & Houser, Seattle, WA, for Respondent.


PUBLISHED OPINION

APPELWICK, J.

¶ 1 The Association sued Ballard Leary and several other defendants for alleged construction defects. Before filing an answer, Ballard Leary filed a CR 12(b)(6) motion to dismiss two of the Association's claims for lack of standing and two other claims as premature. When the trial court denied the motion, Ballard Leary moved to compel arbitration pursuant to RCW 64.55.100 of...

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