Janicki Logging & Construction Co. v. Schwabe, Williamson & Wyatt, P.C.

109 Wash. App. 655
CourtCourt of Appeals of Washington
DecidedDecember 31, 2001
DocketNo. 47215-1-I
StatusPublished
Cited by29 cases

This text of 109 Wash. App. 655 (Janicki Logging & Construction Co. v. Schwabe, Williamson & Wyatt, P.C.) 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
Janicki Logging & Construction Co. v. Schwabe, Williamson & Wyatt, P.C., 109 Wash. App. 655 (Wash. Ct. App. 2001).

Opinion

Coleman, J.

— Janicki Logging appeals the dismissal of its legal malpractice claim against Schwabe, Williamson & Wyatt, P.C. Schwabe missed a deadline, resulting in dismissal of Janicki’s claim against the United States Forest Service. Schwabe then represented Janicki in appealing that dismissal for several years, to no avail. Janicki then [658]*658sued Schwabe for malpractice. The trial court dismissed Janicki’s malpractice claim as time barred. Janicki argues on appeal that the statute of limitations did not start to run on its malpractice claim until all appeals had been exhausted, or until the end of the Schwabe’s representation of Janicki in the same matter in which the malpractice occurred. We adopt the continuing representation doctrine and hold that the statute of limitations on an attorney malpractice claim is tolled during an attorney’s continuous representation of the client in the same matter from which the malpractice claim arose. Accordingly, we reverse and remand.

STATEMENT OF FACTS

Because this case was decided on a CR 12(b)(6) motion to dismiss, the facts as averred in Janicki’s complaint are assumed to be true.

Janicki had a contract to remove timber from federal land. In 1990, Janicki, through its attorneys at Schwabe, filed a breach of contract claim against the United States Forest Service. Janicki submitted its claim to the Forest Service contracting officer responsible for administering Janicki’s contract. The officer’s final administrative decision awarded Janicki less than it had sought. Schwabe suggested that Janicki file an original action in the United States Court of Claims and file a concurrent suit on the same claim in the United States District Court. However, Schwabe missed the one-year deadline for filing the Court of Claims suit, resulting in dismissal of that claim. In its written order of dismissal, the Court of Claims stated: “[T]his court must dismiss this claim filed on January 21, 1992, due to Janicki’s failure to meet the simple jurisdictional prerequisite of filing within 12 months of the contracting officer’s final decision.” Meanwhile, the District Court claim was dismissed for lack of subject matter jurisdiction. Schwabe continued to represent Janicki through a series of appeals on both claims until August 18, 1997, when the Court of Appeals for the Federal Circuit [659]*659upheld the Court of Claims’ original dismissal for failure to meet the 12-month deadline.

On June 1, 2000, Janicki filed a malpractice lawsuit against Schwabe in King County Superior Court. Schwabe filed a motion to dismiss under CR 12(b)(6). The trial court dismissed the claim, ruling that it was barred by the statute of limitations.

DISCUSSION

Because this case was disposed of on a CR 12(b)(6) motion, all issues are reviewed de novo. Mueller v. Miller, 82 Wn. App. 236, 246, 917 P.2d 604 (1996). We accept facts alleged in the complaint as true. Mueller, 82 Wn. App. at 246. We must reverse if any set of facts, consistent with the complaint, would entitle the plaintiff to relief. Mueller, 82 Wn. App. at 246.

The statute of limitations for attorney malpractice is three years. French v. Gabriel, 116 Wn.2d 584, 595, 806 P.2d 1234 (1991). The statute of limitations on an action “does not begin to run until the cause of action accrues— that is, when the plaintiff has a right to seek relief in the courts.” Sabey v. Howard Johnson & Co., 101 Wn. App. 575, 592-93, 5 P.3d 730 (2000) (citing Colwell v. Eising, 118 Wn.2d 861, 868, 827 P.2d 1005 (1992)). In addition, under the “discovery rule,” the statute of limitations does not start to run on an attorney malpractice claim until the client “discovers, or in the exercise of reasonable diligence should have discovered the facts which give rise to his or her cause of action.” Peters v. Simmons, 87 Wn.2d 400, 406, 552 P.2d 1053 (1976).

This rule does not require that a plaintiff have knowledge of the cause of action itself; rather, only the “facts” that give rise to that cause of action must be known to start the running of the statute. Richardson v. Denend, 59 Wn. App. 92, 95-96, 795 P.2d 1192 (1990); Gevaart v. Metco Constr., Inc., 111 Wn.2d 499, 502, 760 P.2d 348 (1988). Still, the facts supporting each of the essential elements of the cause of [660]*660action — duty, breach, causation, and damages in a malpractice action — must be known before the statute begins to run. See Ohler v. Tacoma Gen. Hosp., 92 Wn.2d 507, 598 P.2d 1358 (1979); Lo v. Honda Motor Co., 73 Wn. App. 448, 869 P.2d 1114 (1994) (causation).

1. Exhaustion of Appeals

Janicki first argues that the statute of limitations on its malpractice claim did not start to run until all appeals on its Court of Claims case were exhausted. Janicki reasons that it could not have known it was damaged before that time, since any damage was only speculative up to that point. We disagree. As a matter of law, Janicki was on notice that it had been damaged when the Court of Claims dismissed its case.

This conclusion is consistent with the rule adopted in Richardson. There, the court held “as a matter of law, that upon entry of an adverse judgment at trial a client is charged with knowledge, or at least is put on notice, that his or her attorney may have committed malpractice in connection with the representation.” Richardson, 59 Wn. App. at 98. See also Quinn v. Connelly, 63 Wn. App. 733, 739, 821 P.2d 1256 (1992) (citing Richardson as having rejected tolling pending appeal). Janicki argues that, unlike the criminal defendants in Richardson and Quinn, Janicki did not incur any actual injury until the original dismissal was affirmed on appeal. Janicki relies on Richardson dicta, suggesting that tolling the statute of limitations “may be appropriate where the judgment of the trial court is actually stayed pending an appeal!.]” Janicki argues that this language expressly limited the rule announced in Richardson to its facts.

We decline to adopt Janicki’s proposed rule that any appeal in a civil matter delays discovery for purposes of the statute of limitations. Here, as in Richardson, the facts as pleaded are susceptible of but one conclusion: Janicki knew or should have known when its claim was dismissed as untimely that its lawyers missed a deadline, leaving in place a judgment that denied Janicki the relief it had [661]*661sought. See Richardson, 59 Wn. App. at 95. The denial of that relief was in itself an adverse consequence. The Richardson

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Bluebook (online)
109 Wash. App. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janicki-logging-construction-co-v-schwabe-williamson-wyatt-pc-washctapp-2001.