RCW 4.28.328
Lis pendens—Liability of claimants—Damages, costs, attorneys' fees.
(1) For purposes of this section:
(a) "Lis pendens" means a lis pendens filed under RCW 4.28.320 or 4.28.325 or other instrument having the effect of clouding the title to real property, however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien, but does not include a lis pendens filed in connection with an action under Title 6, 60, other than chapter 60.70 RCW, or 61 RCW;
(b) "Claimant" means a person who files a lis pendens, but does not include the United States, any agency thereof, or the state of Washington, any agency, political subdivision, or municipal corporation thereof; and
(c) "Aggrieved party" means (i) a person against whom the claimant asserted the cause of action in which the lis pendens was filed, but does not include parties fictitiously named in the pleading; or (ii) a person having an interest or a right to acquire an interest in the real property against which the lis pendens was filed, provided that the claimant had actual or constructive knowledge of such interest or right when the lis pendens was filed.
(2) A claimant in an action not affecting the title to real property against which the lis pendens was filed is liable to an aggrieved party who prevails on a motion to cancel the lis pendens, for actual damages caused by filing the lis pendens, and for reasonable attorneys' fees incurred in canceling the lis pendens.
(3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an aggrieved party who prevails in defense of the action in which the lis pendens was filed for actual damages caused by filing the lis pendens, and in the court's discretion, reasonable attorneys' fees and costs incurred in defending the action.
[ 1994 c 155 § 1.]
Structure Revised Code of Washington
Chapter 4.28 - Commencement of Actions.
4.28.020 - Jurisdiction acquired, when.
4.28.080 - Summons, how served.
4.28.090 - Service on corporation without officer in state upon whom process can be served.
4.28.100 - Service of summons by publication—When authorized.
4.28.110 - Manner of publication and form of summons.
4.28.120 - Publication of notice in eminent domain proceedings.
4.28.140 - Affidavit as to unknown heirs.
4.28.150 - Title of cause—Unknown claimants—Service by publication.
4.28.160 - Rights of unknown claimants and heirs—Effect of judgment—Lis pendens.
4.28.180 - Personal service out-of-state.
4.28.185 - Personal service out-of-state—Acts submitting person to jurisdiction of courts—Saving.
4.28.200 - Right of one constructively served to appear and defend or reopen.
4.28.210 - Appearance, what constitutes.
4.28.290 - Assessment of damages without answer.
4.28.320 - Lis pendens in actions affecting title to real estate.
4.28.325 - Lis pendens in actions in United States district courts affecting title to real estate.
4.28.328 - Lis pendens—Liability of claimants—Damages, costs, attorneys' fees.
4.28.330 - Notice to alien property custodian.
4.28.340 - Notice to alien property custodian—Definitions.
4.28.350 - Notice to alien property custodian—Duration.
4.28.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.