Categories

Miska the Cat Secures $125,000 Settlement from Bellevue, King County

SEATTLE, WASHINGTON

After years of litigation, Possinger Law Group and the Law Offices of Jon M. Zimmerman are pleased to share that we have reached a settlement for our client in Danieli v. King County, et al.. In addition to a $125,000 settlement award, King County and the City of Bellevue have agreed to engage in discussions with Anna Danieli regarding her experience and recommendations for policy improvements. Alongside our client, Possinger Law Group and the Law Offices of Jon M. Zimmerman are dedicated to advocating for positive changes that will prevent others from having the same experiences as Danieli.

The Danieli case dates back to 2014, when Bellevue resident Anna Danieli began receiving violation notices against her brown tabby cat, Miska. Among the alleged violations, this house cat had, among other things, been allowed to freely roam through her neighborhood. After dozens of citations and more than $30,000 in fines, Miska’s family sought legal assistance with the Law Offices of Jon M. Zimmerman and Possinger Law Group. Research uncovered numerous issues in King County’s case against Miska, including the fact that one of her neighborhood complainants was also the head of Regional Animal Services of King County (“RASKC”). Danieli’s legal team filed a lawsuit in April 2019 against King County, the City of Bellevue, and various government entities and officials [link article]. The path to a positive outcome in this case has been long and hard-fought, and included a court ruling obtained by Danieli’s lawyers that required Bellevue to change its city code, an appeal effort headed by Marla Zink of Luminata Law, and a detour through the federal court system. Prior to settling, the case was scheduled to be heard in front of the Honorable Timothy Ashcraft in Pierce County Superior Court.

Since joining attorney Zimmerman on the case in 2019, attorney Jeffrey Possinger has been able to achieve a number of positive outcomes for his client. When asked about these achievements, Possinger expressed that he is especially proud of successfully arguing for and obtaining a court order that required changes to Bellevue’s City Code, which were implemented in December 2020, changing the way that civil offenses involving animals are heard in Bellevue. “From the onset of this case, more than anything, we have advocated for real change,” Possinger added. “Not every case has wins that are tangible or simple, so achieving something this big for our client and for the Bellevue community as a whole was very rewarding.” Beyond satisfaction for Danieli and her legal team, this win is also meaningful in improving government transparency. “This victory affirms that citizens ought to be able to rely on the laws as written, and not on backroom agreements by politicians,” Attorney Jon Zimmerman notes.

The case may have been settled, but concerns raised by Danieli and her team will continue to remain important. “This case exposed how government officials can use their influence and positions to take unjust and unreasonable action against neighbors and other people in their personal lives,” Zimmerman warns. While Danieli and her cat, Miska, appeared to specifically targeted in this case, Zimmerman and Possinger’s discoveries uncovered during litigation suggest that Danieli was not the only citizen subject to government enforcement actions that were taken under the outdated Bellevue Code, and there may be recourse for other citizens that were impacted by the same or similar incidents. “The settlement with our client does not fully address the government defendant’s mistakes here,” Possinger asserts. “We look forward to supporting Ms. Danieli and our community in the future, whenever there is a good fight to fight.”

Anna Danieli is represented by Jeffrey Possinger of Possinger Law Group, PLLC and Jon Zimmerman of The Law Offices of Jon M. Zimmerman, PLLC. Media inquiries relating to Danieli’s case should be directed to [email protected]. For all other legal questions or concerns, Possinger and Zimmerman can be reached through their respective websites.

Categories

Judge Rules that City of Bellevue Remains Vicariously Liable in Danieli v. King County, et al.

In another major win for their client, the legal team for Anna Danieli has successfully argued that Bellevue’s agreement with King County left them vicariously liable.

TACOMA, WASHINGTON

Marking another crucial moment in Anna Danieli’s case against King County, the Honorable Timothy Ashcraft of Pierce County Superior Court has ruled that the City of Bellevue can remain liable for allegedly unlawful action taken against Ms. Danieli by King County.

In an attempt to remove itself from the case, representatives for the City of Bellevue argued to the court that King County had been responsible for the government action in question, while the City of Bellevue had only been involved tangentially. This was because, in 2016, the City of Bellevue entered into an Interlocal Agreement with King County for Animal Control Cases, granting King County authority for all animal control services in Bellevue. Despite the fact that this agreement was found to be flawed, voiding many of the citations and fines that were issued to Danieli for her cat, Miska, the City of Bellevue still argued that this agreement cleared them of any liability for Danieli’s allegations.

In another big win for their client, the legal team for Anna Danieli has successfully argued that Bellevue’s agreement with King County left the City of Bellevue in the position of having to be vicariously liable for King County’s actions.

This order is particularly significant during this current stage of the case, because it prevents the City of Bellevue from exiting the case before crucial [trial preparation/mediation efforts]. Danieli and her team are confident that this decision will help achieve a positive outcome in this case. “This decision communicates to the City of Bellevue and King County that this case isn’t just going away,” Attorney Jeffrey Possinger asserts. “Ms. Danieli suffered under the actions of her government defendants, and we are confident that this decision from the court will encourage them to take this case and our client seriously.”

Danieli’s case is approaching several crucial deadlines, including a potential trial. Further developments can be found at @possinger_law_group on Instagram, and MiskaTheCat.com.


We invite you to stay up-to-date with future case developments by following our firm’s related social media channels (@possinger_law_group on Instagram, and possingerlaw.com).

Categories

Federal Judge Remands Danieli Case to State Superior Court

Ruling brings some clarity to Miska the Cat’s ongoing case, but the impact of King County’s incorrect action remains.

TACOMA, WASHINGTON

After its removal and brief presence in the United States District Court for the Western District of Washington, Danieli v. King County, et al. has been remanded to Pierce County Superior Court by federal court Judge Ricardo Martinez, the Chief Judge of the United States District Court for the Western District of Washington.

While this ruling brings some clarity to Danieli’s ongoing case, as well as its potential path forward, the Federal Court’s decision does not take away from the plaintiff’s stance that King County’s initial removal to Federal Court was frivolous at best. “At its core, this case is about a regular citizen who found herself the unwarranted target of powerful government officials,” Attorney Jeffrey Possinger explains. “This premature removal to Federal Court was yet another instance within the County’s larger pattern of creating excessive pressure and unnecessary expenses for our client.”

Now that the case has been moved back to State Court, Danieli’s team and the government defendants can resume their previous efforts.


We invite you to stay up-to-date with future case developments by following our firm’s related social media channels (@possinger_law_group on Instagram, and possingerlaw.com).

Categories

Danieli Legal Team Welcomes Marla Zink as Appellate Counsel

SEATTLE, WASHINGTON

Since obtaining a declaratory judgment with injunctive relief and prevailing in Pierce County Superior Court against their government defendants, Anna Danieli and her cat, Miska, have begun the process of filing an appeal. This appeal opposes the court’s recent decision to deny Ms. Danieli attorney fees, despite her success in proving that the City of Bellevue had acted unlawfully by way of not updating their code to reflect a contract agreement with King County.

To support Danieli’s efforts in this appeal, attorney Marla Zink has joined the litigation team. Zink, a co-founder and managing member of Luminata Law, brings a wealth of appellate experience to the case. She is enthusiastic about the opportunity to represent Danieli against the government defendants. “A lay citizen who proved that her government was acting without authority should not have to bear the entire cost of litigation,” Zink asserts. “I am pleased to be able to use my appellate court experience to build on Mr. Possinger and Mr. Zimmerman’s trial court arguments.”

Danieli’s existing attorneys are also confident that the appeal is in good hands. “Ms. Zink is a capable and caring appellate lawyer with a history of successful outcomes,” attorney Jeffrey Possinger affirms. “She is a zealous advocate, who brings a fresh perspective and attentiveness to this very complex case. We are excited to see where Miska’s story will go, with Marla on the team.”

Ms. Zink’s first project will be ensuring that Ms. Danieli’s appeal is heard as a direct appeal, rather than being reviewed as a motion for discretionary review. Further updates will be shared soon, as the case continues to develop.

Marla Zink can be reached through her website, luminatalaw.com.


We invite you to stay up-to-date with future case developments by following our firm’s related social media channels (@possinger_law_group on Instagram, and possingerlaw.com).