EVERETT — The operators of Summit Everett have regained access to the Rucker Avenue climbing gym after a Snohomish County Superior Court judge struck down a restraining order filed by their landlord.
The landlord, Diceman Capital Hill, filed the lawsuit Dec. 8, claiming Summit Everett damaged the building and removed climbing equipment and fixtures belonging to Diceman under the terms of the lease.
Summit Everett has operated the gym at 2820 Rucker Ave. since 2016. The gym denied the allegations, through attorney Nathan Paine of Seattle’s Karr Tuttle Campbell. Summit owns the climbing equipment and other gear, Paine said.
“We have the purchase and sale agreement,” Paine has said. “All they were taking was what they own.”
The climbing gym closed Nov. 30. Summit plans to relocate next year to a retail space at 2900 Grand Ave., the former home of Farms & Market artisan grocery store.
Before Summit could pack up equipment, Diceman sought a temporary restraining order, preventing Summit from entering the building.
Summit’s lease expires Dec. 31.
“Our motion to dismiss the complaint and vacate the temporary restraining order were granted,” Paine wrote in an email.
Summit’s motion to vacate the temporary restraining order, “obtained by (an) unlicensed attorney with no notice to defendants,” was granted by Judge Anita Farris.
Paine had pointed out that Diceman’s attorney, Ben Tramposh, was not licensed to practice law in the state of Washington.
“The court expressly found Mr. Tramposh was practicing law in Washington without a license,” Paine said in an email.
The court also found that the initial facts presented by the landlord were “at best misleading.”
On Friday, the judge ordered Diceman to restore Summit’s “complete and unfettered” access to the premises, including keys to the locks and building access codes.
Diceman plans to refile its complaint, said Tramposh, who submitted the original complaint without providing a Washington license number.
“We still believe the underlying claims of factual issues will be resolved in our favor, but we have to refile with local associated council after their lease ends, Tramposh said. “After the lease term ends, we will survey damages, and refile for actual damages.”
Janice Podsada: 425-339-3097; jpodsada@heraldnet.com;
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