Canterwood Place L.P. v. Thande

106 Wash. App. 844
CourtCourt of Appeals of Washington
DecidedJune 25, 2001
DocketNo. 45908-2-I
StatusPublished
Cited by17 cases

This text of 106 Wash. App. 844 (Canterwood Place L.P. v. Thande) 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
Canterwood Place L.P. v. Thande, 106 Wash. App. 844 (Wash. Ct. App. 2001).

Opinion

Kennedy, J.

In this case of first impression, we hold that the method of time computation set forth in Superior Court Civil Rule 6, providing that “[w]hen the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation,” applies to the computation of time for the return date on an unlawful detainer summons issued under RCW 59.12.070. Accordingly, we affirm the trial court’s denial of the landlord’s motion for an order of default on the unlawful detainer summons in this case.

FACTS

Grace Thande rented a residential unit from Canterwood Place, L.P. (hereinafter “Canterwood”). On Friday, December 10, 1999, at 6:27 p.m., Canterwood caused Ms. Thande to be served with a summons and complaint for unlawful detainer, which stated that Ms. Thande’s written response was due no later than 5 p.m., on Thursday, December 16, 1999. Ms. Thande did not respond to the summons.

On December 23,1999, Canterwood moved for an order of default in the King County Superior Court. The court commissioner denied Canterwood’s motion because the summons provided fewer than six full days for Ms. Thande’s response. On December 29,1999, the court denied Canterwood’s motion for reconsideration, having calculated the statutory minimum of six days in terms of six 24-hour days and finding that the summons did not comply with RCW 59.12.070.

Canterwood timely appealed.

DISCUSSION

This case presents an issue of first impression: whether [847]*847the method of computation of time set forth in Civil Rule 6 applies to the computation of time for the return date on an unlawful detainer summons issued under RCW 59.12.070.

To obtain unlawful detainer jurisdiction, a plaintiff-landlord must prove that the defendant-tenant was properly served with a statutory unlawful detainer summons. Markland v. Wheeldon, 29 Wn. App. 517, 522, 629 P.2d 921 (1981); Kelly v. Schorzman, 3 Wn. App. 908, 912-13, 478 P.2d 769 (1970). Compliance is jurisdictional. Hous. Res. Group v. Price, 92 Wn. App. 394, 401, 958 P.2d 327 (1998), review denied, 137 Wn.2d 1010 (1999). A return date designating the deadline for the tenant’s response must be stated on the face of the summons, and the summons must be served so that the return date falls within a window of 6 to 12 days from the date of service: “A summons must be issued as in other cases, returnable at a day designated therein, which shall not be less than six nor more than twelve days from the date of service . . . .” RCW 59.12.070.

In 1967, Civil Rule 6 became generally applicable to all civil actions: “These rules govern the procedure in the superior court in all suits of a civil nature whether cognizable as cases at law or in equity with the exceptions stated in rule 81.” CR 1. Civil Rule 81 provides:

(a) To What Proceedings Applicable. Except where inconsistent with rules or statutes applicable to special proceedings, these rules shall govern all civil proceedings. Where statutes relating to special proceedings provide for procedure under former statutes applicable generally to civil actions, the procedure shall be governed by these rules.
(b) Conflicting Statutes and Rules. Subject to the provisions of section (a) of this rule, these rules supersede all procedural statutes and other rules that may be in conflict.

CR 81; see also Emwright v. King County, 96 Wn.2d 538, 637 P.2d 656 (1981) (procedural rules are those necessary to the operation of the courts).

Unlawful detainer actions are special proceedings within the meaning of Civil Rule 81. Kelly v. Powell, 55 Wn. App. [848]*848143, 148, 776 P.2d 996 (1989). As such, complete rules in chapter 59 RCW will generally prevail over the civil rules. However, chapter 59 RCW does not contain a complete rule regarding the calculation of days for the purpose of return of service deadlines. There is no method for computing time, nor is there a provision regarding whether the “days” referred to in the statute are business days, court days, or calendar days. Instead, the unlawful detainer statute defers to the civil rules to provide the rules of practice: “Except as otherwise provided in this chapter, the provisions of the laws of this state with reference to practice in civil actions are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter [.]” RCW 59.12.180.

The unlawful detainer statute is in derogation of the common law; thus the court must strictly construe it in favor of the tenant. Hous. Auth. v. Terry, 114 Wn.2d 558, 563, 789 P.2d 745 (1990); see also Hous. Auth. v. Silva, 94 Wn. App. 731, 734, 972 P.2d 952 (1999); Wilson v. Daniels, 31 Wn.2d 633, 643-44, 198 P.2d 496 (1948). The court must also harmonize statutes and rules so as to give effect to both. State v. Ryan, 103 Wn.2d 165, 178, 691 P.2d 197 (1984); Scott v. Petett, 63 Wn. App. 50, 57, 816 P.2d 1229 (1991). The court has harmonized civil rules with the unlawful detainer statute in prior cases. See Thompson v. Butler, 4 Wn. App. 452, 454, 482 P.2d 791 (1971) (holding that the unlawful detainer statute providing for jury trials was subject to the later-adopted Civil Rule 38 and Civil Rule 39); Kelly, 55 Wn. App. 143 (construing the 1891 unlawful detainer statute in light of Civil Rule 54(c)).

In this case, the commissioner denied the default motion on the grounds that the summons was invalid because the response period was less than six full days when calculated in terms of hours. Fractional days are not a part of the normal method of computing time unless justice so requires. See Pederson v. Moser, 99 Wn.2d 456, 462, 662 P.2d 866 (1983). Thande requests that we affirm the lower court on different grounds, however, which we [849]*849may do when the alternative grounds are supported by the record and the law. Reece v. Good Samaritan Hosp., 90 Wn. App.

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106 Wash. App. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canterwood-place-lp-v-thande-washctapp-2001.