Marquez v. Cascade Residential Design, Inc.

174 P.3d 151
CourtCourt of Appeals of Washington
DecidedDecember 18, 2007
Docket35796-8-II
StatusPublished
Cited by3 cases

This text of 174 P.3d 151 (Marquez v. Cascade Residential Design, Inc.) 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
Marquez v. Cascade Residential Design, Inc., 174 P.3d 151 (Wash. Ct. App. 2007).

Opinion

174 P.3d 151 (2007)

Dolores MARQUEZ and Ben Marquez, and the marital community comprised thereof, Appellant,
v.
CASCADE RESIDENTIAL DESIGN, INC., a Washington Corporation, Respondent.

No. 35796-8-II.

Court of Appeals of Washington, Division 2.

December 18, 2007.

*152 Carol J. Cooper, Davies Pearson PC, Peter Thomas Petrich, Attorney at Law, Tacoma, WA, for Appellant.

Valarie Standefer Zeeck, Gordon Thomas Honeywell, Tacoma, WA, for Respondent.

PUBLISHED OPINION

HUNT, J.

¶ 1 Dolores Marquez appeals the trial court's denial of her request to include a set attorney fee award amount in her judgment against Cascade Residential Design, based on an arbitrator's award. She argues that (1) the Pierce County Local Mandatory Arbitration Rule (PCLMAR) 6.1(c)(1) seven-day deadline for requesting attorney fees does not apply to a request for the arbitrator to set the amount of fees awarded, (2) the arbitrator erred by finding he lacked jurisdiction to determine the amount of attorney fees when she did not file her request for a specific amount within seven days of the arbitrator's award, and (3) the trial court erred by entering judgment on the arbitration award without attorney fees. Holding that PCLMAR 6.1(c)(1) requires the prevailing party to request a specific attorney fee amount within seven days of the arbitrator's award, we affirm.

FACTS

¶ 2 When Dolores Marquez sued her employer, Cascade Residential Design, alleging breach of employment contract and statutory wage violations, the trial court submitted her claim to mandatory arbitration. The arbitrator found in favor of Marquez: He awarded Marquez $10,318.20 damages, decided that she was entitled to reasonable attorney fees under RCW 49.48.030 and RCW 49.52.070, served the arbitration award on the parties, and filed it with the trial court on September 1, 2006.

¶ 3 The arbitrator's award did not specify the amount of attorney fees to which Marquez was entitled. Marquez did not submit a specific attorney fee amount request to the arbitrator either before or after he filed and served his award.

¶ 4 More than a month after the arbitrator's award, on October 5, Marquez moved the trial court to determine the amount of attorney fees she should receive. Cascade opposed the motion as untimely. The trial court remanded to the arbitrator to determine the amount of attorney fees.

¶ 5 The arbitrator denied Marquez's request to set the amount of attorney fees because (1) Marquez had failed to file her motion within seven days after he filed his award on September 1, as required by Pierce County Local Mandatory Arbitration Rule (PCLMAR) 6.3(c)(1); and (2) therefore, he lacked jurisdiction under PCLMAR 6.1(c)(1) to set the amount of her attorney fee award after the seven-day period expired.

¶ 6 The trial court then entered judgment on the arbitrator's award without an attorney fee award. Marquez appeals the trial court's refusal to include an attorney fee award amount in her judgment against Cascade.

ANALYSIS

¶ 7 Marquez contends that she is entitled to receive attorney fees in accordance with the arbitrator's original award and that either the arbitrator or the trial court should have established the amount. She argues that (1) the PCLMAR 6.1(c)(1) seven-day deadline for requesting an award of attorney fees does not apply to setting the amount, (2) the arbitrator erred in finding he lacked jurisdiction to determine the amount of attorney fees after expiration of the seven-day period, and (3) the trial court erred by entering judgment on the arbitration award without including her attorney fee award. We address each argument in turn.

*153 I. Interpretation of PCLMAR 6.1(c)

A. Standard of Review

¶ 8 We interpret mandatory arbitration rules in the same manner that we construe legislatively drafted statutes — consistent with their purposes. Malted Mousse, Inc. v. Steinmetz, 150 Wash.2d 518, 525, 79 P.3d 1154 (2003) (quoting Wiley v. Rehak, 143 Wash.2d 339, 343, 20 P.3d 404 (2001)). Because interpretation of statutes and court rules are questions of law, our review is de novo. Nevers v. Fireside, Inc., 133 Wash.2d 804, 809, 947 P.2d 721 (1997) (citing Westberg v. All-Purpose Structures, Inc., 86 Wash. App. 405, 409, 936 P.2d 1175 (1997)).

¶ 9 Washington courts interpret the mandatory arbitration rules strictly to effectuate their purpose of reducing court congestion. Malted Mousse, 150 Wash.2d at 529, 79 P.3d 1154.

B. Statutory Interpretation

¶ 10 Marquez's argument hinges on interpretation of PCLMAR 6.1(c) and whether it applies to a request to set the amount of attorney fees after an arbitrator has decided generally to award fees. Marquez contends that the PCLMAR 6.1(c) seven-day timeline for requesting an attorney fee award does not apply to a request to set the amount of fees once the arbitrator has declared a general fee award to a party. Cascade counters that the local rule's seven-day timeline applies to the entire fee award, including setting the amount. We agree with Cascade.

1. Plain meaning

¶ 11 Where statutory or court rule language is plain and unambiguous, courts derive the statute's or rule's meaning from the wording of the statute or rule itself. See Rozner v. City of Bellevue, 116 Wash.2d 342, 347, 804 P.2d 24 (1991); Malted Mousse, 150 Wash.2d at 525, 79 P.3d 1154. A statute or rule that is clear on its face is not subject to judicial interpretation. See In re Marriage Kovacs, 121 Wash.2d 795, 804, 854 P.2d 629 (1993); Malted Mousse, 150 Wash.2d at 525, 79 P.3d 1154.

¶ 12 The Superior Court Mandatory Rules allow local superior court rules to delegate to arbitrators the authority to award attorney fees. MAR 3.2(8). The Pierce County Local Mandatory Arbitration Rules delegate discretion to the arbitrator to award fees. PCLMAR 6.1(c) specifically provides:

Any motion for actual attorney fees . . . must be presented to the arbitrator, as follows:
(1) Any motion for an award of attorney fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days of receipt of the award. There shall be no extension of this time, unless the moving party makes a request for an extension before the seven day period has expired.
. . . .
(3) The arbitrator shall render a decision on the motion, in writing, within 14 days after the motion is made.
. . . .
(5) It is within the arbitrator's discretion whether to hold a hearing on the issue of fees.

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Bluebook (online)
174 P.3d 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquez-v-cascade-residential-design-inc-washctapp-2007.