Oct. 3 & 4 Rulings

Oct. 3, 2024: Hearing on Appeal & Stay

A hearing was before Judge Freeman, regarding a Motion for Award of Attorney Fees by MJ’s lawyer, Jeffrey Possinger.  Both plaintiffs lawyers and MJ’s lawyers had filed documents for their legal fees to be paid as each party claims to be the prevailing party, but only MJ’s counsel had noted theirs to be heard Oct. 3.  

Plaintiffs lawyers Andersson and Davis informed the judge that his Final Order was not a real Final Order because it did not have the specific words “Final Judgment” on the document.  Both MJ and 18 Paradise’s lawyers stated those specific words were not necessary as the “Order” section of the Sept. 11 document was clearly a final decision by the judge.  They understood it to be the Final Order from the judge, as did Judge Freeman.

Mr. Davis informed the judge if the appellate court did not see the judge’s final orders as final, it could “kick it back” to the judge which would further delay proceedings. Judge Freeman said he is very aware of the wording required on documents, and in 5 years, has never had anything returned to him.  

Mr. Davis stated the time to appeal begins when the judge decides their Motion to Reconsider filed on the judge’s Findings of Fact/Conclusions of Law. The other parties’ belief was the opposite, that the time to appeal is closing. 

Judge Freeman told the court he will rule on both parties’(MJ and Plaintiffs) Motion for Reconsideration that evening, and send his decision to the parties the following day.

On Oct. 4, 2024: The judge’s decisions for MJ and Plaintiffs’ Motion for Reconsideration and Motion to Stay (delay/stop) were completed.  

This court (Judge Freeman) issued its final judgment on Sept. 11 2024.  Both MJ and Plaintiffs filed a Motion for Reconsideration regarding the court’s findings and conclusion on the validity of 6th and 7th amendments

While the judge “rejects the ultimate requests made in both respective motions” he agreed to modify his Sept. 11 2024 Order with an additional Finding of Fact.

We’ve listed beginning and ending statements:

“While the Management and Lease Agreement assign Declarant rights and duties to MJ Management, the document itself is devoid as to any mention of the Master Declaration or the extent to which the parties expressly agreed to assignment.”

“Because the manager was to act as a fiduciary, the contract did not expressly assign to MJ Management the authority to modify the Master Declaration…the Court concludes that MJ Management was without authority when it entered the Sixth and Seventh Amendments.”

“The plaintiff’s and MJ Management’s Motions to Reconsider are DENIED.”

Regarding Order on Plaintiffs’ Motion for Stay (delay/stop) of the Court’s August 9, 2024 Judgment on attorney’s fees is GRANTED provided the plaintiffs or plaintiffs’ lawyers post a bond, or pay the cash equivalent, of $40,000 into the registry of Whatcom County Superior Court, within 30 days after the entry of the Trial Judgment of this case. 

Should Plaintiffs fail to file the ordered bond, the stay will be lifted.

The current deadline for the parties to file a timely appeal is from the Court’s Oct. 4, 2024 Order on Reconsideration.  

Comment:  The plaintiffs are also listed as being a responsible party for raising $40,000 for the bond.  For homeowners who are still paying lawyers Andersson and Davis, this shows your money will enable them to appeal, not end this lawsuit.  What we hear from both sides is that everyone is ready for the lawsuit to be over.