Patrick Cuzdey v. Patricia Landes
75632-0
| Wash. Ct. App. | Apr 3, 2017Background
- In 1983 Benny and Patricia Landes purchased a 5‑acre parcel and later provided utilities and housing on it; their daughter Karla and son‑in‑law Patrick Cuzdey lived there beginning in 1984.
- Cuzdey alleges an oral 1984 agreement: the Landeses bought the real property for him for $10,000 and he would repay via labor; he also claims the Landeses agreed to sell a 1985 Nova mobile home to him for the Landeses’ purchase price and he and Karla paid off that loan and taxes.
- The Landeses later installed a newer Goldenwest double‑wide (converted to real property in 1997) and continued to pay real property taxes; Benny died in 2001 and Patricia remained on the property.
- After Cuzdey and Karla divorced in 2014, Patricia served Cuzdey a termination notice; Cuzdey sued to quiet title to the real property (original complaint) and later amended to add the Nova mobile home.
- The trial court granted summary judgment dismissing Cuzdey’s claims and found the action frivolous, awarding Landes $36,000 in attorney fees under RCW 4.84.185.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an alleged 1984 oral agreement conveyed title to real property despite statute of frauds | Cuzdey: oral contract plus part performance (labor/payments) shows equitable title | Landes: oral agreement violates statute of frauds; no clear material terms and no part performance | Affirmed dismissal as to real property — statute of frauds bars claim; insufficient proof of material terms and partial performance |
| Whether partial performance excused statute of frauds for the real property | Cuzdey: labor and payments constitute part performance | Landes: lack of exclusive possession and lack of permanent improvements referable to contract | Held against Cuzdey — labor/payments alone insufficient; no exclusive possession or referable improvements |
| Whether title to the Nova mobile home was unresolved | Cuzdey: paid off loan and thus entitled to quiet title to the Nova | Landes: admitted payoff but denied interest in real property; disputed broader claims | Reversed dismissal as to the Nova — genuine issue of material fact remains about title to the Nova |
| Whether the trial court properly awarded attorney fees under RCW 4.84.185 | Cuzdey: action was not frivolous in its entirety because claim to the Nova had merit | Landes: action was frivolous and advanced without reasonable cause | Fee award vacated — action was not frivolous in its entirety because Nova claim had reasonable cause |
Key Cases Cited
- Kut Suen Lui v. Essex Ins. Co., 185 Wn.2d 703 (Sup. Ct. 2016) (standard of review for summary judgment)
- Bostain v. Food Exp., Inc., 159 Wn.2d 700 (Sup. Ct. 2007) (summary judgment procedure and evidence view)
- Berg v. Ting, 125 Wn.2d 544 (Sup. Ct. 1995) (partial performance doctrine and burden for enforcing oral real estate contracts)
- Kruse v. Hemp, 121 Wn.2d 715 (Sup. Ct. 1993) (material terms for real estate contracts)
- Sea‑Van Inv. Assocs. v. Hamilton, 125 Wn.2d 120 (Sup. Ct. 1994) (necessity of meeting of the minds on material terms)
- Miller v. McCamish, 78 Wn.2d 821 (Sup. Ct. 1970) (acts constituting part performance must point unmistakably to the agreement)
- Allen v. State, 118 Wn.2d 753 (Sup. Ct. 1992) (when summary judgment is appropriate where only one conclusion is reasonably drawn)
- Alexander v. Sanford, 181 Wn. App. 135 (Ct. App. 2014) (standard for awarding fees under RCW 4.84.185; frivolous action defined)