Architectural Woods, Inc. v. State

503 P.2d 1138, 7 Wash. App. 855, 1972 Wash. App. LEXIS 1059
CourtCourt of Appeals of Washington
DecidedNovember 20, 1972
DocketNo. 884-2
StatusPublished
Cited by2 cases

This text of 503 P.2d 1138 (Architectural Woods, Inc. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Architectural Woods, Inc. v. State, 503 P.2d 1138, 7 Wash. App. 855, 1972 Wash. App. LEXIS 1059 (Wash. Ct. App. 1972).

Opinion

Pearson, J.

Petitioner, Architectural Woods, Inc., seeks an interlocutory writ to review a ruling of the Superior Court for Thurston County refusing on jurisdictional grounds to consider petitioner’s motion for change of venue to Pierce County in its action against the State of Washington.

Petitioner sued the State of Washington in Thurston [856]*856County, in accordance with RCW 4.92.010, claiming that it was entitled to the proceeds due on a contractor’s assignment of monies earned under a state, contract.

Other litigation between petitioner and other parties to the state contract was pending in Pierce County, and for that reason petitioner sought to move its Thurston County action against the state to Pierce County, so that it could be consolidated with the Pierce County suit.

The legal issue is whether or not an action against the State of Washington arising out of a state contract is subject to a change of venue from Thurston County.

The state first argues that the writ should be denied, as it does not raise a substantial issue of law. It is our view' that the writ should issue and that the question should be considered on the merits. The issue involves the interpretation of certain 1963 amendments to RCW 4.92.010, occasioned by passage of the Tort Claims Act. The venue question in actions other than tort claims against the state has not been settled since passage of the 1963 amendments, and we think the issue raised should be put to rest. The present writ is a proper extraordinary remedy. See Russell v. Marenakos Logging Co., 61 Wn.2d 761, 380 P.2d 744 (1963).

Prior to 1963, RCW 4.92.010, as judicially construed, provided that Thurston County was the exclusive county in which actions against the state could be commenced and maintained. The statute was considered jurisdictional and not simply a venue statute. State ex rel. Thielicke v. Superior Court, 9 Wn.2d 309, 114 P.2d 1001 (1941).

Certain limited exceptions to this general rule have been allowed where the pleadings raise

substantial issues of (a) potential damage to property without ascertainment and payment of just'compensation, or (b) unlawful or arbitrary and capricious action by state officers beyond the scope of or contrary to their statutory authority, an injunctive action would lie in the county where the damages or the acts allegedly occurred or were about to occur.

Deaconess Hosp. v. Highway Comm’n, 66 Wn.2d 378, 383, [857]*857403 P.2d 54 (1965). The pleadings in this case do not give rise to an application of either of these exceptions.

In 1963, sections 2 and 3 were added to RCW 4.92.010.1 These sections authorized and set forth procedures for making tort claims' against the state, whether acting in its governmental or proprietary capacity.

Section 1 of the act after 1963 (now codified in RCW 4.92.010) provides as follows:

Any person or corporation having any claim against the state of Washington shall have a right of action against the state in the superior court of Thurston county. The plaintiff in such action shall, at the time of filing his complaint, file a surety bond executed by the plaintiff and a surety company authorized to do business in the state of Washington to the effect that such plaintiff will indemnify the state against all costs that may accrue in such action, and will pay to the clerk of said court all costs in case the plaintiff shall fail to prosecute his action or to obtain a judgment against the state: Provided, That actions for the enforcement or foreclosure of any lien upon, or to determine or quiet title to, any real property in which the state of Washington is a necessary or proper party defendant may be commenced and prosecuted to judgment against the state in the superior court of the county in which real property is situated, and that no surety bond as above provided for shall be required in any such action: Provided further, That actions on a claim arising out of tortious conduct may be commenced against the state in the superior court of Thurston county, the county in which the claim arises, or the county in which the plaintiff resides. Such action shall be subject to a change of venue as provided by law.

(Italics ours.) The italicized proviso indicates the 1963 amendment to the basic section of the act, which otherwise was retained in its previous form.

The thrust of appellant’s contention is that the words “such action” appearing in the last sentence of the second proviso should relate back to the first sentence of section 1, so that all claims against the state are made subject to a “change of venue” as provided by law.

[858]*858The state contends, on the other hand, that the last sentence of the second proviso relates only to the subject matter of the second proviso. Accordingly, only tort actions are subject to a change of venue from Thurston County.

The trial court agreed with the state contention and declined on jurisdictional grounds to consider petitioner’s motion on the merits. We agree.

We think it to be rather clear that the final sentence of section 1 (RCW 4.92.010) is a part of the second proviso of that section, even though it is separated from the first sentence of the proviso by a period. Had the legislature intended a substantial modification of the jurisdictional requirements of section 1, such sentence would have been separated from the proviso altogether.

Secondly, under an axiomatic rule of statutory construction, the qualifying phrase (“such action”) would refer solely to the last noun (“actions on a claim arising out of tortious conduct”). This rule was recently reaffirmed by the Supreme Court. In re Renton, 79 Wn.2d 374, 485 P.2d 613 (1971), and was stated as follows at page 376:

Construing the statute in this manner is consistent with the applicable rule of statutory construction which provides that a qualifying or conditioning phrase . . . relates solely to the last antecedent . . .

(Italics ours.) Of course, such a rule of statutory construction would not apply if a contrary intention does appear in the statute. In re Andy, 49 Wn.2d 449, 302 P.2d 963 (1956). We see no such contrary intention here. All of the 1963 amendments related to tort claims.

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Bluebook (online)
503 P.2d 1138, 7 Wash. App. 855, 1972 Wash. App. LEXIS 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/architectural-woods-inc-v-state-washctapp-1972.