BELLINGHAM, WASHINGTON

On Thursday, March 21, 2024, Whatcom County Superior Court Judge, David Freeman, entered a decision in the case of Hillius, et al. v. 18 Paradise, LLP, et al. that has fundamentally changed the direction of the case.  The decision dismisses the class action plaintiffs’ claims for violations of the Consumer Protection Act (“CPA”) against the Defendants. The court’s decision dismisses a number of parties as defendants and eliminates the plaintiffs’ most significant legal claims in a case that has dragged on in Whatcom County Superior Court for nearly four years.

Through its decision, the court dismissed MJ Management, Mick O’Bryan, and Josh Williams as defendants.  Defendant, 18 Paradise, LLP remains a defendant, but only limited claims remain against it. Most significantly, MJ Management and 18 Paradise remain as counterclaim plaintiffs with legal claims against the homeowners of the Homestead Farms community for years of unpaid joint maintenance fees. On Friday, March 22, 2024, MJ Management filed its motion for certification of a defendant class against the Homestead Farms homeowners, with a hearing date currently scheduled for Friday, April 5, 2024, before Judge Freeman. 

This decision constitutes a significant turn of events in this case that has affected the lives of Homestead Farms homeowners in Lynden, Washington for nearly four years. “The plaintiffs have now become the defendants in this case, and we will be moving forward to collect the amounts the homeowners owe our client [MJ Management],” stated attorney Jeffrey Possinger, regarding his client’s counterclaim. 

“This is a significant win for the defendants, one that has completely changed the momentum of this case,” stated attorney Reid Meyers, one of the attorneys working on behalf of MJ Management. “All of the plaintiffs’ money claims have now been dismissed,” said Meyers, noting that that the plaintiff’s remaining claims are essentially to determine different legal rights between 18 Paradise and the homeowners of Homestead Farms. “The plaintiffs’ financial incentives were eliminated by this decision,” said Meyers.

Final orders with respect to the court’s ruling will be presented to Judge Freeman for entry in an upcoming hearing. Trial remains scheduled to begin in late April 2024.

A copy of Judge Freeman’s decision is available below.

Readers can find additional information, updates, and insights at our case website.

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