AREAS OF PRACTICE
Clay M. Gatens
Clay M. Gatens is an accomplished attorney and zealous advocate who focuses his practice on commercial litigation, class actions, real estate, construction, land use, and appeals.
He advises businesses from large Fortune 500 companies to small, local enterprises. He guides his clients through complex legal challenges with strategic insight and a practical approach. During his career he has successfully represented clients in front of the Washington Supreme Court, the Washington Court of Appeals, Washington Superior Courts, the Ninth Circuit Court of Appeals and the United States District Courts for the State of Washington.
EDUCATION
Seattle University School of Law, J.D., magna cum laude
University of Washington, Master’s Certificate Commercial Real Estate, 2005
University of Washington, B.A., Political Science, 1998
ADMISSIONS & PROFESSIONAL MEMBERSHIPS
NOTABLE CASES & DECISIONS
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Par Hawaii, LLC v. Sapphire Fairwood, LLC (Spokane County Superior Court)
Lead trial counsel for Par Hawaii seeking enforcement of commercial lease. Plaintiff award at trial.In re JDH Investment Group, LLC (King County Superior Court)
Lead counsel for largest creditor in receivership proceedingsWapato Point Community Association v. Wright-Wapato, Inc. (Chelan County Superior Court)
Lead counsel in declaratory judgment action seeking enforcement of community association’s restrictive covenants.Guthmiller v. Sunserra Homeowner’s Association (AAA Arbitration)
Lead counsel for arbitration trial seeking enforcement of homeowner association’s restrictive covenantsMounter v. Byrd (Chelan County Superior Court)
Lead trail counsel for TEDRA action seeking division of estate propertyGray’s Electric, Inc. v. RJ Martinez Agency (Chelan County Superior Court)
Lead counsel for Plaintiff in action against insurer and agent for insurance coverage after fire lossKellog Valley North Properties, LLC v. Valley North Center (Chelan County Superior Court)
Lead trial counsel for Plaintiff seeking enforcement of long-term lease termsIn Re Declaration of Trust of Oscar Getty v. Lake Chelan Boating Club (Chelan County Superior Court)
Lead trial counsel for Third Party Defendant in TEDRA action seeking to enforce long-term commercial lease. Obtained trial decision for Third Party Defendant.Waterworks Properties, LLC v. Cox (Douglas County Superior Court)
Trial counsel for Plaintiff in action seeking to enforce terms of large orchard purchaseMountain Barge Services, LLC v. Legacy Master Marine, LLC (King County Superior Court)
Lead counsel for Plaintiff seeking enforcement of contract to construct and refurbish marine vessels
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Laura Jordan v. Nationstar Mortgage LLC (E.D. Wash. & 9th Cir.)
Lead Plaintiff’s counsel for certified class of borrowers challenging loan servicer’s pre-foreclosure lock changes. Settlement for $17,000,000 on behalf of the classRhodes v. Wells Fargo Bank, National Association (E.D. Wash.)
Lead Plaintiff’s counsel for certified class of borrowers challenging lender’s pre-foreclosure lock changes. Settlement for $26,000,000 on behalf of the classBund v. Safeguard Properties LLC (W.D. Wash.)
Lead Plaintiff’s counsel for a certified class of over 8,000 Washington borrowers challenging property preservation company’s pre-foreclosure lock change practices. Alleged unlawful entry and lock replacement on class members’ residences.Carranza et al. v. Dovex Fruit Company (E.D. Wash.)
Lead counsel defending against class-based wage and hour claims.Pewitt v. Peak Foreclosure Services of Washington Inc et al (E.D. Wash.)
Lead Plaintiff counsel challenging lender’s non-judicial foreclosures without required statutory compliance.Haynes v. Bank of America, National Association (W.D. Wash.)
Lead Plaitniff’s counsel challenging lender’s unlawful forcible entries and lock changes.Britton v. ServiceLink Field Services LLC (E.D. Wash.)
Lead Plaintiff’s counsel alleging violations of contract and property preservation duties.Martinez et al. v. Auvil Fruit Company, Inc. (E.D. Wash.)
Lead defense counsel in class action alleging failure to pay minimum and overtime wages.Lair v. Outerwall Inc (E.D. Wash.)
Lead Plaintiff’s counsel in certified class action alleging gift certificates sold were unreadable and unredeemable.Mackay v. PEMCO (Chelan County Superior Court)
Lead counsel for Plaintiff in certified class action involving over 4,000 Washington residents alleging unlawful depreciation of covered losses.
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1102, LLC v. Truframe, LLC (AAA Arbitration)
Lead counsel for Plaintiff at arbitration trial seeking to enforce contract and damages for construction defects to a newly constructed boutique hotelBridges, LLC v. Lawson and Sons, Inc. (AAA Arbitration)
Lead counsel for Plaintiffs in contract and construction dispute regarding infrastructure work performed for a large subdivisionAcme Homes v. Shell Excavating Inc (Snohomish County Superior Court)
Lead counsel for Plaintiffs in contract and construction dispute regarding infrastructure work performed for a large subdivisionEider Construction, LLC v. Fahlen (Chelan County Superior Court)
Lead counsel for Plaintiff seeking enforcement of construction contract terms and damagesKRCI, LLC v. Washington State Parks and Recreation (AAA Arbitration)
Lead counsel for Plaintiff seeking enforcement of construction contract and terms for large civil works project to State park.Mackay v. France & Co. (Chelan County Superior Court)
Lead counsel for Plaintiff in action against property restoration company for construction defects and damages
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Clennon v. Koster (Chelan County Superior Court)
Lead counsel for Plaintiff in boundary dispute and claims of adverse possessionCity of Wenatchee v. AMJ Wenatchee, LLC (Chelan County Superior Court)
Local trial counsel for Defendant in a condemnation actionUnion Land Strip v. Upper Colombia Irrigation District (Douglas County Superior Court)
Lead counsel for Plaintiff in an declarator actions seeking determination of adverse possession and prescriptive easement claimsRadillo v. Ingraham (Chelan County Superior Court)
Lead counsel for Plaintiff asserting claims, declaratory judgment, and injunctive relief for trespass and prescriptive claimsTontini v. Uvalle (Chelan County Superior Court)
Lead counsel for Plaintiff in actions involving claims for implied easement of necessity and adverse possessionUnion Land Strip, LLC v. Upper Columbia Irrigation District (Chelan County Superior Court):
Lead Counsel in declaratory actions against irrigation district seeking determination of prescriptive easement and adverse possession claims.
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Tamarack Saddle, LLC v. Chelan County (Douglas County Superior Court & E.D. Wash.)
Lead counsel representing Plaintiffs in tort claims against Chelan County relating to permitting of 400+ unit master planned ski village development.Karma Ventures v. Chelan County et al (Chelan County & E.D. Wash.)
Lead counsel representing a winery and wedding venue in land use action against Chelan County relating to enforcement of Conditional Use Permit conditions.Bargmann v. City of Entiat, et. al. (Chelan County Superior Court)
Lead counsel in defending land use action challenging subdivision plat approval issued to developer.Hagar v. Douglas County and Brad and Kerry Pihlstrom (Chelan County Superior Court)
Lead trial counsel for private land owner defending land use permit issued by Douglas County.Washington State Dept. of Ecology v. Buckley (Shoreline Hearing Board)
Lead counsel defending homeowner against claims of violation of the Shoreline Management Act.
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In Re. JDH Investment Group, LLC (Washington Court of Appeals, Div. II)
General counsel for appeal by main creditor in a receivership involving enforcement of and priority of secured claim against Debtor.Rossie v. Chelan County, Carl Bergren, et. al.
Lead appellate counsel defending appeal of issuance of preliminary approval of a 250+ unit residential subdivision to developer client.Icicle/Bunk, LLC v. Chelan County (Washington Court of Appeals, Div. III)
Lead appellate counsel challenging land use decision denying issuance of short term rental permit.Latta v. Chelan County (Washington Court of Appeals, Div. III)
Lead appellate counsel challenging land use decision denying issuance of a short term rental permit.Olsen v. Chelan County (Washington Court of Appeals, Div. III)
Lead appellate counsel challenging land use decision denying issuance of a short term rental permit.Brueskey v. Chelan County (Washington Court of Appeals, Div. III & U.S. District Court)
Lead appellate counsel challenging land use decision denying issuance of a building permit and associated federal claim for U.S.C § 1983 claim.
PUBLICATIONS
Real Property, Probate & Trust Newsletter Fall 2011: Seller Financing Through the Use of Real Estate Contracts
"Understanding Your Water Rights." Wenatchee Valley Business World May 2, 2015
“Ask the Attorneys - Neighborly Advice on Trees, Shed.” Wenatchee Valley Business World June 7, 2013
"Prepare Now for the 'Pybus Effect'." Wenatchee Valley Business World May 28, 2013
“Why Do You Need a Real Estate Agent?” Wenatchee Valley Business World April 1, 2012
“Dig In to Improve Your Land.” Wenatchee Valley Business World November 1, 2011
“Know Your Real Estate Lease Options.” Wenatchee Valley Business World July 2011
“Pondering Seller-Financed Deals.” Wenatchee Valley Business World May 1, 2011