Ralph v. Weyerhaeuser Co.

386 P.3d 721, 187 Wash. 2d 326
CourtWashington Supreme Court
DecidedDecember 29, 2016
DocketNos. 91711-6; 91725-6; 91726-4; 91727-2
StatusPublished
Cited by5 cases

This text of 386 P.3d 721 (Ralph v. Weyerhaeuser Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ralph v. Weyerhaeuser Co., 386 P.3d 721, 187 Wash. 2d 326 (Wash. 2016).

Opinions

Yu, J.

¶1 These consolidated cases all arise from a 2007 flood of the Chehalis River in Lewis County. This is the second time we have considered questions relating to the appropriate forum. In our first review, we considered the trial court’s orders dismissing the cases for lack of subject matter jurisdiction pursuant to RCW 4.12.010(1). Ralph v. Dep’t of Nat. Res., 182 Wn.2d 242, 245-46, 343 P.3d 342 (2014) (Ralph I). A majority of this court held that “RCW 4.12.010 relates to venue, not jurisdiction,” and therefore “reverse [d] and remand [ed] for further proceedings.” Id. at 246. On remand, the respondents1 promptly moved to transfer venue to Lewis County in each case. Over the petitioners’2 objections, the trial court granted the respondents’ motions. Those orders are now before this court on direct discretionary review.

¶2 We hold that the respondents did not waive their objections to proper venue for these actions, but that as a matter of statutory interpretation, RCW 4.12.010(1) does not provide for exclusive proper venue in Lewis County. King County is another possible proper venue in accordance with RCW 4.12.020(3) and 4.12.025(3). We therefore reverse the trial court’s orders transferring venue to Lewis County to the extent those orders were based solely on exclusive proper venue. It is unclear if the trial court considered [332]*332whether venue should be transferred to Lewis County for the convenience to the witnesses, so we remand for the trial court to exercise its discretion on that issue in a manner consistent with this opinion.

Facts and Procedural History

¶3 The factual background is quoted from this court’s decision in Ralph I:

In December 2007, heavy rains caused the Chehalis River to overflow its banks, resulting in widespread flooding in Lewis County. The properties of [the petitioners] were among those affected. [The petitioners] filed separate suits in King County Superior Court against [the respondents], alleging negligence; trespass; tortious interference with contractual relations and business expectancies; conversion; inverse condemnation; unlawful agency action; and violations of the Shoreline Management Act of 1971, chapter 90.58 RCW, and the State Environmental Policy Act, chapter 43.21C RCW. [The petitioners] assert that [the respondents’] poor forestry practices made its land unstable, thereby allowing landslides to form and debris to flow into the Chehalis River, which in turn displaced river water, flooded the river basin, and caused damage to their property.

Id. (citations omitted).

¶4 The respondents moved to dismiss each case, arguing that RCW 4.12.010(1) vested exclusive jurisdiction in Lewis County, where all of the real property at issue is located, and that the only remedy for this “jurisdictional defect” was dismissal. Mot. for Discr. Review (MDR), App. at 115, 144, 173,205. The trial court granted the motions, and the Court of Appeals affirmed.3 Ralph I, 182 Wn.2d at 246-47.

[333]*333¶5 This court reversed. We unanimously rejected the petitioners’ argument that RCW 4.12.010(1) “encompass [es] only injuries that affect title to real property and not actions for monetary damages.” Id. at 249; see also id. at 266 (Wiggins, J., dissenting). The court also acknowledged that “[c]ase law from the 1940s and 1950s held that RCW 4.12.010 is jurisdictional, so that an improperly commenced action must be dismissed if filed in a superior court outside the local county.” Id. at 245-46 (citing Snyder v. Ingram, 48 Wn.2d 637, 639, 296 P.2d 305 (1956), overruled in part by Ralph I, 182 Wn.2d 242; Cugini v. Apex Mercury Mining Co., 24 Wn.2d 401, 409, 165 P.2d 82 (1946)). The trial court and Court of Appeals decisions were thus correct applications of then-controlling precedent.

¶6 However, a majority of this court overruled that precedent in light of more recent cases that “interpreted similar (though not identical) statutes to prescribe only venue in light of article IV, section 6 of the Washington State Constitution, which grants universal original subject matter jurisdiction to the superior courts.” Id. at 246 (citing Young v. Clark, 149 Wn.2d 130, 134, 65 P.3d 1192 (2003); Shoop v. Kittitas County, 149 Wn.2d 29, 37, 65 P.3d 1194 (2003)). We thus held,

RCW 4.12.010 applies to tort actions seeking monetary relief for damages to real property and relates to venue, not jurisdiction. If an action for injuries to real property is commenced in an improper county, the result is not dismissal but rather a change of venue to the county in which the real property is located. We therefore reverse the Court of Appeals and remand to the trial court for further proceedings consistent with this opinion.

Id. at 259.

¶7 On remand, the respondents promptly moved for a change of venue, arguing that Lewis County is the exclusive proper venue pursuant to Ralph I and RCW 4.12.010(1), and alternatively arguing that Lewis County is a more convenient forum for the witnesses. They also argued that if [334]*334Lewis County is the exclusive proper venue, RCW 4.12-.090(1) requires the petitioners to bear the transfer costs. The trial court granted the respondents’ motions. We accepted direct discretionary review of the trial court’s orders and consolidated the actions.

Issues

¶8 A. Did the respondents waive the venue provisions of RCW 4.12.010(1)?

¶9 B. If RCW 4.12.010(l)’s venue provisions were not waived, did the trial court properly grant the respondents’ motions to change venue to Lewis County?

¶10 C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Maria Diaz Et Ano, V. Empac Risk Retention Group.
Court of Appeals of Washington, 2026
Hardel Mut. Plywood Corp. v. Lewis County
Washington Supreme Court, 2022
Gene & Susan Gonzales, V. Jay Inslee & State Of Wa
504 P.3d 890 (Court of Appeals of Washington, 2022)
Christopher E. Larson, Et Ano., V. Snohomish County
Court of Appeals of Washington, 2021
Christopher E. Larson, Et Ano, V. New Century Mortgage
Court of Appeals of Washington, 2021

Cite This Page — Counsel Stack

Bluebook (online)
386 P.3d 721, 187 Wash. 2d 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralph-v-weyerhaeuser-co-wash-2016.