Larkins Vacura Kayser Successfully Defeats Motion to Reconsider Dismissal with PrejudiceAugust 10, 2020
Larkins Vacura Kayser attorneys Bill Larkins and Kelsey Benedick recently defeated a motion to reconsider a Washington court’s dismissal with prejudice of claims for quiet title and declaratory relief brought against their client. The firm argued that plaintiff’s motion for reconsideration was improper because it raised new theories of the case that plaintiff could have raised previously and which were unsupported by plaintiff’s own factual allegations. Additionally, those new theories did not save plaintiff’s claim to title, which failed as a matter of law. The court agreed, and denied plaintiff’s motion to reconsider the dismissal with prejudice.