FILED

11 DEC 28 AM 9:00

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KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 11-2-43471-1 SEA

SUPERIOR COURT OF THE STATE OF WASHINGTON OF AND FOR THE COUNTY OF KING 307309 23rd LLC, Plaintiff, v. JOHN AND JANE DOE TENANTS AND ALL OTHER TENANTS, Defendants.
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) NO. 11-2-43471-1 ) ) ) DEFENDANTS ANSWER TO COMPLAINT )

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TO THE COURT AND ALL PARTIES: Defendants hereby ANSWER THE COMPLAINT IN THIS MATTER AS FOLLOWS: 1) Defendants deny that Plaintiff is entitled to possession. By information and belief, Defendants state that the actual owner bought this formally residential property for speculation purposes, and when the real estate market declined such that the actual owner, a multimillionaire television producer named
WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER
LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants

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Denmark West, could not make a substantial profit on re-selling the property, he essentially abandoned it, stripping the fixtures and the walls down to the studs and framing and leaving it to rot until the market improved. The property, at the time Defendants began their occupancy, had become an eyesore and a crack house, posing a threat to the neighborhood and the neighbors. Among the numerous other properties that Mr. West owns, are two others, one on East Jefferson Street and one on Martin Luther King Way that Defendants state by information and belief are in similar condition. 2) Defendants state and observe that they have, during the period of their residency made and a expressed a willingness to continue to make improvements to the wiring, structure, etc. of the property, and intend to bring it up to code and restore it as an actual residential property fit for habitation and provide valuable services and consideration to the owner in return for residency. 3) Defendants do not deny being currently in possession of the premises, though they deny that any specifically named individuals so named are resident therein. 4) Defendants deny making forcible entry or breaking into the property that was already open to crack dealers and users. They also deny that in the condition that the owner had allowed the property to deteriorate into, that it remained

WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER

LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants

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residential property, though Defendants are endeavoring to restore it to habitable condition and are doing so as valuable compensation in lieu of rent. 5) Defendants deny that they are in possession of the property without legal authority, permission, or color of title. 6) Defendants deny that they characterize themselves as Squatters a term that Plaintiff does not define. 7) Defendants deny having caused damage to the premises, and dispute whether the premises could be damaged any more than it already is. Defendants also note that Plaintiff and the City have asserted that the premises are unhabitable and no certificate of habitability has been issued. Therefore, Plaintiff is not entitled to collect rent under the Residential landlord-tenant act-RCW 59.18 et seq. 8) Those matters alleged according to belief necessitate discovery, and Defendants move this court for a delay in this proceeding to allow sufficient time for Defendants to conduct that discovery. 9) Defendants hereby also offer the following defenses: A) Plaintiff has been unjustly enriched by the acts of Defendants who are entitled to reasonable compensation. B) Laches. C) Unclean Hands D) Waiver
WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER
LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants

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E) That Plaintiff is not entitled to damages based on the condition of the property and unhabitability under the RLTA F) That Defendants actions were necessary to prevent the greater ongoing harm to the community that they did not cause or contribute to, and that Defendants acted directly against the source of that harm, there being nmo reasonable alternative.

10) Wherefore Defendants pray for Judgment against Plaintiff and actual owner as follows: (a) That Plaintiff take nothing. (b) That Plaintiffs motion/prayer for a writ of restitution be denied. (c) That a Judgment be entered in favor of Defendants including reasonable compensation for the work they have undertaken to bring the premises up to habitable condition. (d) That Plaintiff be ordered to restore the premises to residentially habitable condition and work with Defendants to do so. (e) For attorneys fees and costs according to proof. (f) For all such other relief as the court may deem appropriate and just. RESPECTFULLY SUBMITTED: DATED: December 27, 2011 /S/ Lawrence A. Hildes
WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER
LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants

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_________________________________ LAWRENCE A. HILDES, WSBA #35035 Attorney for Defendants

WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER

LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants

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PROOF OF SERVICE Lawrence A. Hildes certifies as follows: I am over the age of 18 years, and not a party to this action. I am a citizen of the United States. My business address is P.O. Box 5405, Bellingham, WA 98227 On December 27, 2011 I served the following documents(s) described as follows: DEFENDANTS ANSWER on the following persons(s) in this action at the following addresses: Evan Loeffler 2033 6th Ave Ste 1040 Seattle, WA 98121-2527 [] (BY MAIL) by placing a true copy of the above documents in a sealed envelope with postage fully prepaid in the mail at Bellingham, WA, addressed to the person(s) above at the above address [ ] (BY PERSONAL SERVICE) by personal delivery to the addresses listed above. [ ] BY ELECTRONIC SERVICE. [ X ] (STATE) I declare under penalty of perjury under the laws of the State of Washington that the above is true and correct. Executed on December 27, 2011 at Bellingham, WA.

_/S/___Lawrence A. Hildes Lawrence A. Hildes

WEST v. JOHN AND JANE DOE TENANTS 11-2-43471-1ANSWER

LAWRENCE A. HILDES (WSBA# 35035) P.O. Box 5405 Bellingham, WA 98227 Ph: (360) 715-9788 Fax.: (360) 714-1791 e-mail: lhildes@earthlink.net Attorney for Defendants