Court Stays Tumble Creek Club’s Motion for Summary Judgment
Ellensburg, WA
Following a contentious hearing on Friday, August 14, 2026, the court granted Plaintiff Penny Gutschmidt’s motion for a continuance of Tumble Creek Golf’s Motion for Summary Judgement that was scheduled to be heard that day.
Both Gutschmidt’s Motion to Certify a Class and Tumble Creek Golf’s Motion for Summary Judgment were schedule to be heard by Judge James Kirkham in Kittitas County Superior Court that day, but because of information provided by Tumble Creek Club in discovery only days before the hearing, Gutschmidt requested that the court grant her more time to address the fact that during the pendency of the motions, Suncadia Resort and Escalante Golf had completed a transaction that included the sale of the Tumble Creek Club and its membership agreements to an affiliate business of Escalante Golf (Escalante Tumble Creek, LLC). In response to this late breaking information, much of it previously withheld by Tumble Creek Club, Gutschmidt filed a number of motions within days; a CR 56(f) Motion to Continue and a Motion for Leave to Amend Pleadings (to name the new buyers of the Tumble Creek Club).
As argued in her motion for a continuance, the relief being sought by Gutschmidt in her complaint against Tumble Creek Golf under the Washington Consumer Protection Act Ch. 19.86 RCW, not only includes money damages claims, but also declaratory and injunctive relief with respect to the Tumble Creek Club’s Membership Plan, which had been sold to Escalante Tumble Creek, LLC as part of Suncadia Resort and Escalante Golf’s transaction; and the absence of these parties from the litigation would prevent Gutschmidt and any certified class from obtaining complete relief. The court agreed.
After hearing evidence surrounding the sale of the Tumble Creek Club and Tumble Creek Golf’s submissions to the court in support of its Motion for Summary Judgement, the court granted Gutschmidt’s motion for a continuance, and Tumble Creek Golf withdrew its Motion for Summary Judgment to be refiled at a later date; the court it its order determined that any future Motion for Summary Judgment by Tumble Creek Golf could not be brought sooner that 120 days from the entry of the Order. [Link to Order]. Because of these new developments, Gutschmidt also withdrew her Motion for Certification of a Class until all necessary parties could be before the court. Shortly thereafter, Gutschmidt also withdrew her Motion for Leave to Amend Pleadings to be re-noted for a later date.
Gutschmidt is expected to re-note her Motion for Leave to Amend Pleadings in the near future.
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