Court Allows Gutschmidt to Amend Pleadings and Name Escalante Golf Companies
Ellensburg, Washington
Following a hearing on Friday, October 23, 2026, in Kittitas County Superior Court, the court granted Plaintiff Penny Gutschmidt’s Motion for Leave to Amend Pleadings. Gutschmidt brought this motion after the court’s earlier decision to stay Tumble Creek Golf’s Motion for Summary Judgment in August.
With the order entered by Judge James Kitcham on Friday, Gutschmidt is allowed to amend her original pleadings against Tumble Creek Golf, LLC and to include new defendants and new claims in addition to the original claims for violations of Washington’s Consumer Protection Act 19.85 RCW (“CPA”) among other relief being sought, including the certification of a class on behalf of current and former members of the Tumble Creek Club. Following the court’s entry of the order, Gutschmidt filed her First Amended Complaint (see below).
The First Amended Complaint now names Suncadia Resort, LLC, Escalante Golf, LLC, Escalante Tumble Creek, LLC, Escalante Tumble Creek Development, LLC and Escalante Tumble Creek Holdings, LLC; LDD Tumble Creek Manager, Inc. was dropped as a party from the lawsuit.
The amendment to the pleadings was prompted by the sale of the Tumble Creek Club and its membership agreements as part of Suncadia Resort’s transaction with Escalante Golf in July 2026 (see below).
With this court decision, litigation over the Tumble Creek Club’s membership plan will continue to move forward. Gutschmidt’s motion for certification of a class and Tumble Creek Golf’s motion for summary judgment remain pending until all of the newly named parties can be before the court.
On October 30, 2025, Penny Gutschmidt, is a former resident of Tumble Creek, filed suit in Kittitas County Superior Court against Tumble Creek Club, LLC and others alleging among other things that that Tumble Creek’s Membership Agreement violates Washington’s Consumer Protection Act, Ch. 19.86 RCW. In addition to her own personal claims against Tumble Creek Club, Gutschmidt’s Complaint alleges that she is only one of many affected by the Membership Agreement and seeks to certify a class action on behalf of other members of the Tumble Creek Club.
Gutschmidt, who moved out of State and resigned her membership nearly two years ago, remains for all practical purposes a member of the club and continues to be charged membership dues and still has not had her membership deposit returned.
The Complaint alleges among other things that Tumble Creek’s Membership Agreement as currently in place makes it practically impossible for a member to actually ever leave the club, to stop being charged monthly dues, or to have their membership deposit returned, a deposit that can be as much as $60,000. Under the terms of the Membership Agreement, Tumble Creek can hold onto a person’s membership deposit for 30 years or more, as further detailed in the Complaint. Taking a line from Hotel California, the Complaint begins with: ““‘Relax,’ said the night man, ‘We are programmed to receive. You can check out any time you like, but you can never leave.’” “That well known refrain sums up what Tumble Creek members face if they ever try to resign their membership with the club.” says Jeffrey Possinger, one of the attorneys representing Gutschmidt.
Tumble Creek Golf, LLC, the company that runs Tumble Creek Club, is a country club at the center of a destination mountain community located 80 miles from Seattle on the Eastside of the Cascade mountains in Cle Elum, Washington. Tumble Creek is an exclusive community and golf club located within Suncadia.
In addition to the Consumer Protection Act claims, the Complaint also seeks a judgment holding that some of the terms of Tumble Creek’s Membership Agreement are unenforceable.
About Possinger Law Group, PLLC
Founded in 2001, Possinger Law Group is a boutique law firm dedicated to elite levels of service to small and medium-sized businesses and the individuals that own them. When faced with serious problems, clients have reached out to Possinger Law Group to be a trusted advisor and advocate to be a guide through high conflict situations and complex legal challenges. In litigation matters, Possinger Law Group works with its clients to effectively resolve disputes, and when necessary, by being fiercely aggressive in litigation.
More Information
For more information, news, and updates about the Tumble Creek Class Action Lawsuit, please visit our case website.
For media questions, interviews, or any other needs, please contact: [email protected]
= = = = =
References: