Marina Condominium Homeowner's Ass'n v. Stratford at the Marina, LLC
254 P.3d 827
Wash. Ct. App.2011Background
- In 2005 Stratford at the Marina LLC converted an apartment complex into condominiums.
- In 2007 the Marina Condominium Homeowners Association (HOA) sued Stratford alleging defects, asserting a claim under RCW 64.34.445(2) (implied warranty of quality).
- Stratford faced financial difficulties, pursued arbitration but could not proceed, and sometimes litigated pro se through a designated representative.
- In January 2009 the trial court granted partial summary judgment to the HOA on the implied warranty of quality construction and held Stratford liable for repair costs of $1,713,282.
- From March to May 2009 the parties disputed discovery; the court granted a discovery order to compel production and later imposed a default judgment against Stratford for remaining claims.
- In July 2009 the court entered a judgment consistent with the summary judgment amount and awarded additional fees; Stratford appeals the summary judgment and the default, while the court upheld CR 11 sanctions and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HOA was entitled to partial summary judgment on the implied warranty of quality construction | HOA | Stratford | No; summary judgment reversed for misapplication of the warranty to Stratford’s improvements only. |
| Whether default judgment for discovery sanctions was proper | HOA | Stratford | No; default reversed due to failure to adequately justify the sanction on the record. |
| Whether CR 11 sanctions against Stratford were proper | HOA | Stratford | Yes; sanctions affirmed. |
| Whether attorney fees on appeal were warranted | HOA | Stratford | Not awarded; no prevailing party on appeal. |
Key Cases Cited
- Burnet v. Spokane Ambulance, 131 Wn.2d 484 (1997) (mandatory criteria for discovery sanctions on the record)
- Magaña v. Hyundai Motor Am., 167 Wn.2d 570 (2009) (clear record of Burnet factors and lesser sanctions analysis)
- Rivers v. Washington State Conference of Mason Contractors, 145 Wn.2d 674 (2002) (must show willfulness, prejudice, and consideration of lesser sanctions on record)
- Park Ave. Condo. Owners Ass’n v. Buchan Dev., LLC, 117 Wn. App. 369, 71 P.3d 692 (2003) (defines two implied warranties under RCW 64.34.445(2) and their scope)
- Hadley v. Maxwell, 146 Wn.2d 306, 27 P.3d 600 (2001) (summary judgment review standard and de novo review)