Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: STIPULATED MOTION AND ORDER FOR LEAVE TO AMEND COMPLAINT THOMAS S. ZILLY , District Judge . I. STIPULATED MOTION The parties hereto, Plaintiff Homesite Insurance Company (hereinafter "Homesite), Defendants Joseph M. Zajac, Susan P. Zajac, and the Joseph M. Zajac and Susan P. Zajac Trust Dated April 12, 2017 (collectively the "Zajacs"), and Defendants William Feldmann and Janet Feldmann (collectively the "Feldmanns") by and through their undersigned counsel of record, submit this Stipul
Summary: STIPULATED MOTION AND ORDER FOR LEAVE TO AMEND COMPLAINT THOMAS S. ZILLY , District Judge . I. STIPULATED MOTION The parties hereto, Plaintiff Homesite Insurance Company (hereinafter "Homesite), Defendants Joseph M. Zajac, Susan P. Zajac, and the Joseph M. Zajac and Susan P. Zajac Trust Dated April 12, 2017 (collectively the "Zajacs"), and Defendants William Feldmann and Janet Feldmann (collectively the "Feldmanns") by and through their undersigned counsel of record, submit this Stipula..
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STIPULATED MOTION AND ORDER FOR LEAVE TO AMEND COMPLAINT
THOMAS S. ZILLY, District Judge.
I. STIPULATED MOTION
The parties hereto, Plaintiff Homesite Insurance Company (hereinafter "Homesite), Defendants Joseph M. Zajac, Susan P. Zajac, and the Joseph M. Zajac and Susan P. Zajac Trust Dated April 12, 2017 (collectively the "Zajacs"), and Defendants William Feldmann and Janet Feldmann (collectively the "Feldmanns") by and through their undersigned counsel of record, submit this Stipulated Motion for Leave to permit Homesite to file its First Amended Complaint. As required by LCR 15, the proposed Amended Complaint is attached hereto as Exhibit 1.
This is an insurance coverage dispute between Homesite and the Zajacs for claims arising out of alleged misrepresentations made by the Zajacs in connection with the sale of real property to the Feldmanns. On or about March 14, 2019, the Feldmanns filed a complaint against the Zajacs in King County Superior Court, captioned as William and Janet Feldmann v. Joseph M. and Susan P. Zajac and The Joseph M. Zajac and Susan P. Zajac Trust Dated April 12, 2017, Case No. 19-2-07340-3 SEA (hereinafter "Underlying Lawsuit"). In the Underlying Lawsuit, the Feldmanns allege that the Zajacs failed to disclose material facts regarding the property on the Property Disclosure Form and asserted claims against the Zajacs for negligent misrepresentation, fraudulent misrepresentation, and unjust enrichment.
Homesite filed this action on July 3, 2019, seeking a declaratory judgment from this Court that there is no coverage under the Zajacs' homeowner's insurance policy for any claims asserted against them in the Underlying Lawsuit. The Feldmanns then filed an amended complaint in the Underlying Lawsuit on September 20, 2019, to add a cause of action for fraudulent concealment against the Zajacs. Accordingly, Homesite would like to amend its complaint in the present lawsuit to add the newly alleged claim in the Underlying Lawsuit of fraudulent concealment to the claims for declaratory judgment in this lawsuit.
It is hereby stipulated by and between the parties, that Homesite may file the attached Amended Complaint.
s/Eliot M. Harris_ s/James D. McBride_
Eliot M. Harris, WSBA No. 36590 James D. McBride, WSBA #1603
s/Erin J. Varriano_ JAMES D. McBRIDE PS
Erin J. Varriano, WSBA No. 40572 11525 Carnation Duvall Road NE
WILLIAMS, KASTNER & GIBBS PLLC Carnation, WA 99014
601 Union Street, Suite 4100 Tel: (206) 999-2325
Seattle, WA 98101-2380 Email: mcbridelawyer@icloud.com
Phone: (206) 628-6600
Email: eharris@williamskastner.com Attorney for Defendants
evarriano@williamskastner.com Joseph M. Zajac and The Joseph M. Zajac an
Susan P. Zajac Trust Dated April 12, 2017
Attorneys for Plaintiff
Homesite Insurance Company of the
Midwest
s/Dave von Beck s/Stephan Wakefield
Dave von Beck, WSBA #26166 Stephan Wakefield, WSBA #22762
s/Katie J. Comstock s/John T. Yip_
Katie J. Comstock, WSBA #40637 John T. Yip, WSBA #46597
LEVY VON BECK COMSTOCK, P.S. HECKER WAKEFIELD & FEILBERG,
1200 Fifth Avenue, Suite 1850v PS
Seattle, WA 98101 321 First Avenue West
Tel: (206) 626-5444
Email: dmvonbeck@levy-law.com Seattle, WA 98119
katie@levy-law.com Phone: (206) 447-1900
Email: stephanw@heckerwakefield.com
Attorneys for Defendant johny@heckerwakefield.com
Susan P. Zajac
Attorneys for Defendants
Janet & William Feldmann
ORDER
Pursuant to the parties' stipulation, docket no. 17:
1. Plaintiff, Homesite Insurance Company, is granted leave to amend its complaint;
2. Plaintiff's First Amended Complaint shall be filed with the Court within three (3) days upon entry of this order; and
3. Defendants will have fourteen (14) days from the filing of Plaintiff's First Amended Complaint to answer or otherwise respond.
