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BELLEVUE FARM OWNERS ASS'N v. STEVENS

No. 73794-5-I.

394 P.3d 1018 (2017)

198 Wn.App. 464

BELLEVUE FARM OWNERS ASSOCIATION, A Non-profit Corporation; Lauren Barrett and William Barrett, husband and wife respectively, trustees of the Laurie Barrett Residential Trust and of the Bill Barrett Residential Trust; Webster Augustine III, an individual; Hoopoe LLC, a Washington Limited Liability Company; Gigi Birchfield and Mark Baute, husband and wife; Timothy Doherty and Christine Doherty, husband and wife; Glen Corson and Kim Kylo-Corson, husband and wife; Jantana Kuppermann and Baruch Kuppermann, husband and wife; Rodney Smith and Maary Margaret Smith, husband and wife; Matthew Straight and Veronica Straight, husband and wife; Tom Tucci and Diane Tucci, husband and wife; and Dana Pigott, an individual, Respondents, v. Chad STEVENS and "Jane Doe" Stevens, husband and wife, Appellants, Pete Findley and "Jane Doe" Findley, husband and wife; Cascade Mountain Rentals LLC, a Washington limited liability company; Robert Stevens, an individual; and Does 1 to 10, Inclusive, Defendants.

Court of Appeals of Washington, Division 1.

FILED: April 3, 2017.

Attorney(s) appearing for the Case

Jason Paul Amala , Beth Anne Davis , Pfau Cochran Vertetis Amala PLLC, 403 Columbia St., Ste. 500, Seattle, WA, 98104-1625, Darrell L. Cochran , Pfau Cochran Vertetis Amala PLLC, 911 Pacific Ave., Ste. 200, Tacoma, WA, 98402-4413, K.C. Webster , Attorney at Law, 726 Hemlock St., Edmonds, WA, 98020-4023, for Petitioner.

William W. Simmons , Lewis Brisbois Bisgaard & Smith, 1111 3rd Ave., Ste. 2700, Seattle, WA, 98101-3224, Justin R. Boland , The Law Offices of James S. Rogers, 1500 4th Ave., Ste. 500, Seattle, WA, 98101-1632, Christopher Ian Brain , Tousley Brain Stephens PLLC, 1700 7th Ave., Ste. 2200, Seattle, WA, 98101-4416, Rhys Matthew Farren , Davis Wright Tremaine LLP, 777 108th Ave. N.E., Ste. 2300, Bellevue, WA, 98004-5149, for Respondents.

¶ 1 To establish abuse of process, the claimant must prove (1) an ulterior purpose to accomplish an object not within the proper scope of the process, (2) an act not proper in the regular prosecution of proceedings, and (3) harm caused by the abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of process...

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