H-0474.1          _______________________________________________

                                  HOUSE BILL 1009

                  _______________________________________________

State of Washington              53rd Legislature             1993 Regular Session

By Representatives Appelwick and Riley

Prefiled 1/8/93.  Read first time 01/11/93.  Referred to Committee on Judiciary.

Prescribing liabilities for lis pendens filings.

     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 in an action not affecting the title to the real property against which the lis pendens was filed is liable to a person who prevails in the cancellation of the lis pendens, for actual damages caused by the filing of the lis pendens, and for reasonable attorneys' fees incurred in seeking the cancellation of the lis pendens.

     (2) A party who files 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 was filed, for actual damages caused by the filing of the lis pendens, and, in the court's discretion, reasonable attorneys' fees and costs incurred in defending against the cause of action.

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