Superior Court. The court reversed the district court’s order, awarding CDR the full
$4,750 and attorney fees. Gebreseralse moved for discretionary review of the superior
court’s decision under RAP 2.3(d)(3) and (4). After a commissioner of this court denied
Gebreseralse v. Columbia Debt Recovery, LLC, 2020 WL 12812297 (2020). Case No.
2
2:19-CV-1909 is pending in the U.S. District Court for the Western District of Washington.
4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/5
review, a panel of judges granted Gebreseralse’s motion to modify and accepted
review.
ANALYSIS
I. Is CDR the Appropriate Party?
As a threshold issue, CDR contends that Gebreseralse’s dispute over her
security deposit should have been pursued against the landlord under RCW
59.18.280(2). According to CDR, it “cannot be held vicariously liable for the property
manager’s decision to retain the security deposit pursuant to the lease.” However, CDR
is an assignee of the landlord’s claim.
“An assignee ‘steps into the shoes of the assignor, and has all the rights of the
assignor.’ ” Carlile v. Harbour Homes, Inc., 147 Wn. App. 193, 208, 194 P.3d 280
(2008) (quoting Puget Sound Nat’l Bank v. State Dep’t of Revenue, 123 Wn.2d 284,
292, 868 P.2d 127 (1994)). Under RCW 4.08.080, an assignee may sue and maintain
an action against the debtor, provided “[t]hat any debtor may plead in defense as many
defenses, counterclaims and offsets, whether they be such as have heretofore been
denominated legal or equitable, or both, if held by him against the original owner,
against the debt assigned.” See also Pacific Nw. Life Ins. Co. v. Turnbull, 51 Wn. App.
692, 700, 754 P.2d 1262 (1988) (generally, assignee takes a contract subject to any