DEERE CREDIT v. CERVANTES NURSERIES, LLC

No. 29720-9-III.

288 P.3d 409 (2012)

DEERE CREDIT, INC., a Delaware corporation, Respondent, v. CERVANTES NURSERIES, LLC, a Washington limited liability company; Cervantes Packing & Storage, LLC, a Washington limited liability company; Manchego Real, LLC, a Washington limited liability company; Jose & Cynthia Cervantes, husband and wife, Appellants, Andres & Marie Cervantes, husband and wife; United States Department of Treasury Internal Revenue Service; Stemilt Management, Inc., a Washington corporation; Washington State Department of Labor & Industries; National Adjustment Agency, Inc., a Washington corporation; Monson Fruit Company, a Washington corporation, Defendants.

Court of Appeals of Washington, Division 3.

November 15, 2012.


Attorney(s) appearing for the Case

Emanuel Jacobowitz , Attorney at Law, Seattle, WA, R. Bruce Johnston , Attorney at Law, Seattle, WA, for Appellants.

Roger William Bailey , Bailey & Busey PLLC, Yakima, WA, for Respondent.


SWEENEY, J.

¶ 1 A creditor proceeded with collection efforts on some promissory notes in superior court against the defendants, one of the defendants was in a Chapter 11 bankruptcy proceeding. The defendants objected to the state court proceedings and argued that they violated Washington's single-action rule (RCW 61.12.120). We conclude that the state court proceedings did not duplicate the bankruptcy proceedings and do not therefore violate the single-action...

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