Raymond v. Robinson

104 Wash. App. 627
CourtCourt of Appeals of Washington
DecidedJanuary 12, 2001
DocketNo. 25248-1-II
StatusPublished
Cited by15 cases

This text of 104 Wash. App. 627 (Raymond v. Robinson) 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
Raymond v. Robinson, 104 Wash. App. 627 (Wash. Ct. App. 2001).

Opinion

Seinfeld, J.

Richard Raymond, a Washington resident, appeals the trial court’s dismissal for lack of personal jurisdiction of his suit against Jack and Susan Robinson, doing business as R.V. Interiors (RVI). Finding jurisdiction under the long-arm statute, RCW 4.28.185, we reverse.

FACTS

The underlying facts of this case are not in dispute. RVI is an Arizona business that installs recreational vehicle accessories. RVI does not have any offices or agents in Washington State.

RVI advertises in four national magazines that reach this [632]*632state. Between 1994 and 1999, RVI sold approximately 96 slide-out units, 9 to Washington residents.1 During this same period, approximately 150 Washington residents contacted RVI, although not all of these contacts resulted in a sale. It is unclear from the record exactly how many of these sales or contacts resulted from RVTs advertisements.

All the slide-out units that RVI sold in Washington were manufactured in Arizona, and RVI performs all of its installations and most of its repairs and adjustments in Arizona. But occasionally RVI authorizes warranty repair work in the customer’s home state.

Raymond, a Washington resident, contacted RVI after seeing one of its advertisements in a national magazine. After receiving brochures and a list of previous Washington customers from RVI and discussing terms by telephone and by letter, Raymond purchased a slide-out unit from RVI. Raymond drove his recreational vehicle (RV) to Arizona where RVI installed the slide-out. The slide-out came with a one-year limited warranty, which required the performance of all warranty work in Arizona.

Shortly after RVI installed the slide-out, Raymond began to experience problems with it. Raymond took his RV to Arizona for repairs once. Later, RVI authorized additional repairs and adjustments in Washington and South Dakota and sent a technician from Arizona to Washington to address the problems. RVI also orally agreed to extend Raymond’s warranty. Later RVI determined that the slide-out was operating properly and refused to pay for any further repairs or adjustments.

Raymond sued RVI, alleging breach of written or oral agreements; negligent or unworkmanlike manufacture, installation, and repair; breach of express or implied warranty; and violations of the Washington Consumer Protection Act. RVI moved to dismiss for lack of personal jurisdiction. The trial court granted RVTs motion.

[633]*633I. Standard of Review and Burden of Proof

When the underlying facts are undisputed, we review a trial court’s dismissal order for lack of personal jurisdiction de novo. Lewis v. Bours, 119 Wn.2d 667, 669, 835 P.2d 221 (1992); Precision Lab. Plastics, Inc. v. Micro Test, Inc., 96 Wn. App. 721, 725, 981 P.2d 454 (1999); MBM Fisheries, Inc. v. Bollinger Mach. Shop & Shipyard, Inc., 60 Wn. App. 414, 418, 804 P.2d 627 (1991). The plaintiff bears the burden of making a prima facie showing of jurisdiction. Precision Lab., 96 Wn. App. at 725; MBM Fisheries, 60 Wn. App. at 418. On appeal, we consider the allegations in the plaintiff’s complaint as true. Precision Lab., 96 Wn. App. at 725; MBM Fisheries, 60 Wn. App. at 418.

II. General Jurisdiction

General jurisdiction over a nonresident defendant is proper when the defendant’s actions in the state are so substantial and continuous that justice allows the exercise of jurisdiction even for claims not arising from the defendant’s contacts within the state. Precision Lab., 96 Wn. App. at 725; Im Ex Trading Co. v. Raad, 92 Wn. App. 529, 534-35, 963 P.2d 952 (1998). RCW 4.28.080(10) authorizes general jurisdiction over a nonresident defendant if the defendant is transacting substantial and continuous business within the state of such character as to give rise to a legal obligation. Crose v. Volkswagenwerk Aktiengesellschaft, 88 Wn.2d 50, 54, 558 P.2d 764 (1977); Hartley v. Am. Contract Bridge League, 61 Wn. App. 600, 605, 812 P.2d 109 (1991); MBM Fisheries, 60 Wn. App. at 418; Hein v. Taco Bell, Inc., 60 Wn. App. 325, 330, 803 P.2d 329 (1991).

RVTs contacts with Washington consist of the following: (1) placing advertisements in four national magazines that reach Washington consumers; (2) sending brochures and informational materials or otherwise contacting approximately 150 Washington consumers, at least in part due to its national advertising; (3) negotiating terms with Wash[634]*634ington consumers via phone and mail; (4) selling approximately 10 percent of its slide-out units to Washington consumers during a five-year period, at least in part due to its national advertising; (5) assembling a list of past customers residing in Washington and distributing this list to potential customers in Washington; (6) authorizing warranty repairs within Washington; (7) sending a technician to Washington to service Raymond’s slide-out unit; and (8) orally extending Raymond’s warranty while Raymond was in Washington.

Raymond asserts that these contacts are sufficient to establish that RVI has conducted substantial and continuous activities within this state, citing Hein and Hartley. In Hein, the court held that the defendant’s contacts with Washington were sufficient to justify the exercise of general jurisdiction over the defendant, Taco Bell. Taco Bell’s contacts consisted of: (1) registering as a foreign corporation in Washington for 24 years, (2) operating 16 restaurants in the Seattle area and others throughout the state, (3) employing numerous Washington residents, and (4) purchasing supplies and selling goods within the state. The court also recognized that Taco Bell benefited from various state and local services, such as fire and police protection. Hein, 60 Wn. App. at 330-31.

Similarly, in Hartley, the court held that the defendant’s contacts with Washington were sufficient to justify the exercise of general jurisdiction because the defendant, a bridge league: (1) published a magazine for its members, including several Washington residents; (2) collected fees from Washington residents for competitions held in Washington; (3) collected dues from members, including several Washington residents; (4) arranged bridge tournaments in Washington; (5) transported supplies and goods to these tournaments; (6) determined which Washington residents could participate in the tournaments; and (7) sold bridge-oriented goods to Washington residents. 61 Wn. App. at 606.

RVI distinguishes its activities from those in Hartley and Hein.

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

Related

King County V. Aquatherm Gmbh
Court of Appeals of Washington, 2026
State v. LG Electronics, Inc.
185 Wash. App. 394 (Court of Appeals of Washington, 2015)
State Of Washington v. Lg Electronics, Inc.
Court of Appeals of Washington, 2015
Cabell v. Zorro Productions., Inc.
155 F. Supp. 3d 1143 (W.D. Washington, 2014)
Craig Frost v. Mark H. Brooks, Et ux
Court of Appeals of Washington, 2014
Freestone Capital v. Mka Real Estate
230 P.3d 625 (Court of Appeals of Washington, 2010)
Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC
155 Wash. App. 643 (Court of Appeals of Washington, 2010)
Seahavn, Ltd. v. Glitnir Bank
226 P.3d 141 (Court of Appeals of Washington, 2010)
SeaHAVN, Ltd. v. Bank
154 Wash. App. 550 (Court of Appeals of Washington, 2010)
In Re Air Crash Near Athens, Greece on August 14, 2005
479 F. Supp. 2d 792 (N.D. Illinois, 2007)
Bartusch v. OREGON STATE BD.
126 P.3d 840 (Court of Appeals of Washington, 2006)
Bartusch v. Oregon State Board of Higher Education
131 Wash. App. 298 (Court of Appeals of Washington, 2006)
Shaffer v. McFadden
125 Wash. App. 364 (Court of Appeals of Washington, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
104 Wash. App. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-v-robinson-washctapp-2001.