Tumble Creek Class Action
Background of Tumble Creek Lawsuit
“Relax,’ said the night man, ‘We are programmed to receive. You can check out any time you like, but you can never leave.”
– Eagles, Hotel California.
Background of Class Action Lawsuit
Penny Gutschmidt v. Tumble Creek Golf, LLC, et al.
Kittitas County Superior Court
The Plaintiff, Penny Gutschmidt, is a former resident of Tumble Creek, who moved out of state and resigned her membership nearly 2 years ago, but for all practical purposes continues to be a member of the Tumble Creek Club.
The Defendant, Tumble Creek Golf, LLC runs 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.
The Complaint, filed in Kittitas County, 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, stop being charged monthly dues, and 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.
The Complaint seeks a judgment holding that some of the terms of Tumble Creek’s Membership Agreement are unenforceable. The Complaint also alleges that the Membership Agreement violates Washington’s Consumer Protection Act, Ch. 19.86 RCW.
In addition to her own personal claims, Gutschmidt’s Complaint alleges that she is only one of many. She also seeks to certify a class of Current Members, Resigned Members, Former Members that are or were on Tumble Creek’s Reissuance List, as well as those members who moved from being a “Resident Golf Member” to a “Honolulu Member” (a different membership category) in lieu of resigning.
Updates on Lawsuit
10-30-2025: Case Filed (view Complaint here)
For more details related to the Gutschmidt v. Tumble Creek case, view our case fact sheet here.
We are Here to Help.
If you or someone you know is a resident of Tumble Creek or has been affected by the Tumble Creek Membership Agreement, Possinger Law Group is here to help. There is no charge for us to evaluate your potential claim. Contact our law firm by either calling 206-512-8030, or by filling out the confidential Web Form below.
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News Stories Linked to Case
Coming Soon.
About Possinger Law Group
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