H-1628.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1009
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State of Washington 53rd Legislature 1994 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Appelwick and Riley)
Read first time 02/16/93. Referred to Committee on .
AN ACT Relating to notices of lis pendens; and adding a new section to chapter 4.28 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 4.28 RCW to read as follows:
(1) A party who files a lis pendens or other instrument having the same force and effect as a lis pendens in an action not affecting the title to the real property against which the lis pendens or other instrument was filed is liable to a person who prevails in the cancellation of the lis pendens or other instrument, for actual damages caused by the filing of the lis pendens or other instrument, and for reasonable attorneys' fees incurred in seeking the cancellation of the lis pendens or other instrument.
(2) A party who files a lis pendens or other instrument having the same force and effect as a lis pendens under RCW 4.28.320 or 4.28.325 is liable to a person who prevails in the defense of the cause of action as to which the lis pendens or other instrument was filed, for actual damages caused by the filing of the lis pendens or other instrument, and, in the court's discretion, reasonable attorneys' fees and costs incurred in defending against the cause of action.
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