**Update 2/28/2016 Update on the Spokane Daiquiri Factory Case Remanded Back To Judge Linda Tompkins In Spokane Superoor Court. The same Judge whose eviction ruling was reversed by Wa State Appeals Court in a published ruiling. (see FPA vs Jamie's LLC pdf viewer required).
In Open Court 1/7/2016 Judge Linda Tompkins rules that Spokane Daiquiri Factory/Pendleton are the prevailing party, then later in the same proceeding claims that additional counts 2-4 somehow remain viable (see transcript here pdf viewer required). Judge Linda Tompkins is on her 5th term and has been a Spokane Superior Court Judge since 1997 when appointed, she sits upon the Spokane Unlawful Detainer Eviction Docket weekly. Judge Linda Tompkins is well aware of the law that “Any Issue not incident to the right of possession within the specific terms of the statue must be raised in an ordinary civil action." In this case, because the Plaintiff Landlord elected to bring the claims under the unlawful detainer statute, it is prohibited from joining any additional claims. Bar K Land Co. v Webb, 72 Wn.App. 380, 383 (Div. 3 1993). It's obvious that Judge Linda Tompkins was simply putting on a show for the in court audience... or actually decided to read her own transcript and notice her oral ruling errors because the very next day, Judge Linda Tompkins issued a letter to both parties suspending her in court oral rulings. (view letter here pdf viewer required).
4 months after the Wa State Appeals Court have reversed her eviction ruling, Judge Linda Tompkins has still not reversed herself, vacated the eviction judgements and returned Spokane Downtown Daiquiri Factory to its rightful lease. The only logical reason for this delay is the past working relationship between Judge Linda Tompkins and our landlord's attorney Thomas Bassett (K&L Gates / Foster Pepper). Recent discovery has revealed that the two worked together as Principals at Spokane Law Firm Lukins and Annis prior to Linda Tompkins becoming a Superior Court Judge. Court records show that Bassett co-council in the case has never appeared in any open court proceeding in this case, obviously becaues he has been pulling strings behind the scenes. Todd Joseph Reuter (K&L Gates / Foster Pepper), the other local Spokane Attorney for FPA Crescent building has been reported to the Washington State Bar Association for turning in affidavits to the court in this matter that contain over 4 months of attorney fee's that took place before the alledged failure of payment was even revieved by landlord. Proof that FPA Crecscent Building / Red Tail Acquisitions and their attorneys Bassett & Reuter met and discussed on several occasions their plan to illegally evict Spokane Daiquiri Factory months before filing the action. Conviently knowing that Judge Tompkins a former co-worker was on the Unlawful Eviction Docket. In a effort to eliminate this from happening to others in the future we have launched www.JudgeLindaTompkins.com to help expose this corruption and rally Spokane Area voters to vote Judge Linda Thompkins off the Spokane Superior Court this November 2016 and #ChangeSpokane.
We have filed our opening brief on remand on 2/15/2016. (see brief here) once again clarifying the law of the State of Washington on Unlawful Detainer Evictions cases. Judge Linda Tompkins claims in open court she 1. Has wrestled with the case and is not privy to the briefs filed in Wa State Appeals Court...(see transcript here pdf viewer required) even though these briefs are available to the public via the Appeals court website and have been published by the Spokesman Review Newspaper. (see Appelants brief here) (see Respondents brief here) (see Appelants reply brief hereThe appeals court ruling is published case law see (FPA vs Jamie) its as simple as this: No Proper 3 Day Notice = Dismissal of a Eviction Proceeding.
Our next scheduled brief is due on 3/7/2016.We hope that actually publishing this actuall corruption will force Judge Linda Tompkins to actually uphold the law of the State of Washington and no longer delay us from reopening our small downtown business. We have been without our property since June 2014, and even after reversal from the Washington State Appeals court 10/20/15 we are still waiting for Judge Linda Tompkins to grant justice in this matter. We will not stop fighting until we expose all parties involved and recieve the same justice we should of been granted by Judge Linda Tompkinks at the start of this action.
------ Spokane Downtown Daiquiri Factory Eviction is Reversed! We have prevailed!!! 10/20/2015-----
Our Case has been heard as of 6/11/15 and is awaiting decision from Wa State Appeals Court. We will release a full press release once the decision is released. Thanks for your support!
We are currently in Washington States Appeals Court Awaiting Justice From The WrongFull Eviction by our Landlord FPA Crescent / Fowler Property Acquisitions / Red Tail Acquisitions. Our Appellants Reply Brief has recently been screened and filed for public view. Download Appellant Reply Brief Here (Adobe Acrobar Reader required) Download Our Full Appeals Court Brief Here.
-------Daiquiri Factory (Atlanta) Vs Spokane Downtown Daiquiri Factory (Spokane) Federal Lawsuit Dismissed-------
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