Eric Hood, V. City Of Langley

CourtCourt of Appeals of Washington
DecidedJuly 21, 2025
Docket86686-9
StatusUnpublished

This text of Eric Hood, V. City Of Langley (Eric Hood, V. City Of Langley) 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
Eric Hood, V. City Of Langley, (Wash. Ct. App. 2025).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

ERIC HOOD, No. 86686-9-I Appellant, DIVISION ONE v. UNPUBLISHED OPINION THE CITY OF LANGLEY,

Respondent.

DÍAZ, J. — Eric Hood sued the City of Langley (City), alleging it violated the

Public Records Act (PRA), chapter 42.56 RCW, when it determined he had

abandoned his request by not paying the copying fees. The court dismissed the

action, and Hood unsuccessfully moved pro se under CR 60(b)(3)-(b)(4) to vacate

the dismissal, claiming inter alia new evidence demonstrated the City knew Hood

had not received the fees notice. We affirm the court’s denial of Hood’s CR 60

motion.

I. BACKGROUND

In January 2020, Hood sent the City a PRA request for records related to

its termination of its police chief. On May 7, 2020, the City sent Hood an e-mail

from the City’s records@langleywa.org address (hereinafter, the records address),

informing him it was ready to produce various documents if he paid the required No. 86686-9-I/2

fees. Over the next several days, the City received four automated error messages

from their e-mail delivery system (Whidbey.net), each stating (a) “the message has

not yet been delivered,” (b) “[n]o action is required on your part,” and (c) “[d]elivery

attempts will continue” until ultimately the “delivery software will give up, and when

that happens, the message will be returned to you.”

Prior to the last of these messages, on May 11, 2020, the City re-forwarded

to Hood the May 7th e-mail and informed him of the above errors. One week after

the last of the automated messages, on May 19, 2020, the City mailed Hood a

letter explaining that it has “attempted to reach [him] by email on more than one

occasion . . . only to receive notification that [his] email delivery failed,” and that

the City “continues to review documents in response to your [January 2020 PRA

request].”

On May 21, 2020, Hood e-mailed the City at its records address,

acknowledging he had received the letter and claiming that he has “had no

indications that the emails were not reaching [him]” and requested the City

“forward” him the above four error messages. On May 27, 2020, the City complied

and sent Hood an e-mail which “attached the four (4) notices dated between May

8th and May 12th” and asked Hood to confirm whether he received the May 7th e-

mail. Administrators at the City stated in a sworn declaration that they did not

receive an automated message indicating the May 27th e-mail had not been

delivered, and did not receive payment or any further response from Hood.

On or about June 10, 2020, the City closed Hood’s PRA request as

“abandoned” after Hood’s lack of communication and failure to pay the fee.

2 No. 86686-9-I/3

In April 2021, Hood filed a pro se complaint against the City, generally

arguing it violated the PRA by failing to adequately provide him the documents

which were ready on May 7th (a.k.a., the “first installment”). Thereafter, Hood

obtained counsel and the City resumed its response to his request.

In September 2021, the City sent Hood an e-mail from its records address

informing him he would receive a first installment of 549 pages, when he paid a

fee of $54.90. Hood claims this e-mail is the first time he learned of the City’s fee

requirement, which he “promptly” paid.1

In November 2022, the City moved to dismiss Hood’s complaint. The trial

court granted the motion in February 2023 and made numerous findings.

First, the court found that the e-mail of “May 7, 2020 was never ‘returned’

to the City nor did the City receive a message advising that the email server

software had ‘given up’ in its attempts to deliver.” Second, the court found that the

City “emailed Mr. Hood again on May 11, 2020, and advised him of the email issue

and provided him with a copy of the May 7, 2020, email” and there “was no issue

with the delivery of this email.” Finally, the court found that the City “provided the

requested” four error messages for the May 7th e-mail “in an email dated May 27,

2020,” and there “were no issues with the delivery of this email.” Taken together,

the court found that the City placed Hood on notice of the fee requirement and that

he abandoned his request by failing to pay the copying fees or otherwise

communicate.

1 Hood similarly claims prompt payments for two additional installments by February 2022. 3 No. 86686-9-I/4

In June 2023, Hood sent the City a new PRA request, asking for documents

relating to the e-mails sent to him from the records address after January 1, 2020.

After he received the City’s responses to this request, Hood moved pro se for relief

under CR 60(b)(3) and CR 60(b)(4) in February 2024. As will be elaborated below,

Hood claimed he obtained new evidence showing both the May 7th e-mail failed

to be delivered and the City misrepresented its knowledge of this failure. He further

claimed this evidence showed he “could not reasonably be expected to respond

to” any of the above discussed e-mails from the records address. The court denied

his motion in April 2024. Hood now appeals pro se.2

II. ANALYSIS

We have long held that pro se litigants are bound by the same rules of

procedure and substantive law as licensed attorneys. Holder v. City of Vancouver,

136 Wn. App. 104, 106, 147 P.3d 641 (2006); In re Marriage of Olson, 69 Wn. App.

621, 626, 850 P.2d 527 (1993) (noting courts are “under no obligation to grant

special favors to . . . a pro se litigant.”). Thus, a pro se appellant’s failure to “identify

any specific legal issues . . . cite any authority” or comply with procedural rules

may still preclude appellate review. State v. Marintorres, 93 Wn. App. 442, 452,

969 P.2d 501 (1999).

Here, Hood’s notice of appeal lists only the denial of his CR 60 motion.

2 Hood moved for this court to take “judicial notice” of materials from separate

matters and other public records. We decline his request as this information is either immaterial or readily accessible in the record.

Hood and the City each moved to strike various portions of the other’s briefs. We deny both motions as the commissioner of this court did. We, however, grant Hood’s motion for an overlength brief. 4 No. 86686-9-I/5

Further, his appellate briefing only substantively assigns error to the trial court’s

denial of his CR 60 motion. In turn, we will consider only issues related to his CR

60 motion, not the court’s underlying dismissal of Hood’s PRA suit. State v. Gaut,

111 Wn. App. 875, 881, 46 P.3d 832 (2002) (“[A]n unappealed final judgment

cannot be restored to an appellate track by means of moving to vacate and

appealing the denial of the motion.”); In re Vulnerable Adult Pet. of Winter, 12 Wn.

App. 2d 815, 830, 460 P.3d 667 (2020) (“CR 60(b) motion is not a substitute for

appeal and does not allow a litigant to challenge the underlying judgment.”).

A. Hood’s CR 60 Motion

“On motion . . . the court may relieve a party . . . from final judgment, . . . or

proceeding” for 11 listed reasons. CR 60(b). Two are asserted here. First, a court

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