Division 1 Restores Lien, Limits Application of "Summary" Procedure to Dismiss Frivolous Liens
Division 1 in this new case raises the bar a bit higher on RCW 60.04.081's summary procedure for vacating frivolous liens on private jobs -- the lien must be "so devoid of merit that the claim has no possibility of succeeding."
The Court offered three examples for when the summary process (decided on motion with no live testimony) is best suited -- whether the lien is signed by the proper party, whether the lien was properly served, and whether the lien's content complied with statutory requirements. The case in question, by contrast, involved issues of scope of work and intent of the underlying subcontract.
Copy of opinion also available here Download file
