Segura v. Cabrera

319 P.3d 98, 179 Wash. App. 630
CourtCourt of Appeals of Washington
DecidedFebruary 27, 2014
DocketNo. 31118-0-III
StatusPublished
Cited by6 cases

This text of 319 P.3d 98 (Segura v. Cabrera) 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
Segura v. Cabrera, 319 P.3d 98, 179 Wash. App. 630 (Wash. Ct. App. 2014).

Opinions

Brown, J.

¶1 Tenants Jose Segura and Tabetha Gonzalez appeal the trial court’s summary judgment decision not to award them emotional distress damages as part of their RCW 59.18.085(3) relocation assistance claim against landlords Rogaciano and Raquel Cabrera. The tenants contend the trial court erred in concluding emotional distress damages are not recoverable as actual damages under RCW 59.18.085(3). We hold the trial court did not err, and affirm.

FACTS

¶2 In 2007, the Cabreras purchased a Pasco house to use as a residential rental. Although the city licensed them to rent the house solely as a single dwelling, they later converted the basement into a second unit. On July 3, 2011, the Cabreras leased the downstairs unit to Mr. Segura and Ms. Gonzalez. Five days later, the city’s code enforcers inspected the house and found the downstairs unit uninhabitable and unpermitted. The code enforcers partly ordered the tenants to vacate the basement unit in 20 days and limited use of the property to a single family dwelling.

¶3 On July 14, 2011, the tenants delivered a written demand for monetary relocation assistance under RCW 59.18.085(3) to the landlords, who later claimed they misunderstood the demand and had been advised to ignore it. Five days later, the landlords notified the tenants to vacate the premises by August 7, 2011. The tenants asserted the landlords twice interfered with their use of the premises [633]*633before the move-out deadline and after the relocation assistance demand. First, the landlords attempted to have the tenants’ car towed from the premises. Second, the landlords entered the premises without notice and changed the locks before the tenants moved out. The tenants believe the landlords took some of their personal property.

¶4 The tenants sued the landlords, partly claiming relocation assistance. The landlords denied liability. About a year later, the tenants moved for summary judgment on their relocation assistance claim. Their requested damages totaled $4,750, including $2,000 in relocation assistance, $600 in prepaid rent, $600 in rent deposit, $150 in electricity deposit, $200 in fuel, and $1,200 “for the anxiety, worry, inconvenience, and upheaval inflicted upon the plaintiffs and their children.” Clerk’s Papers (CP) at 64.

¶5 The court granted summary judgment to the tenants for all their requested damages except emotional distress damages, concluding they were not recoverable as actual damages under RCW 59.18.085(3). On reconsideration, the court clarified, “The relationship of the parties arises from a contract to lease real property. The misconduct on the part of the landlord was intentional but it is not an intentional tort. The damages are limited to those identified in the statute RCW 59.18.085(3).” CP at 12. The tenants appeal the trial court’s refusal to award them emotional distress damages.

ANALYSIS

¶6 The issue is whether the trial court erred in concluding emotional distress damages are not recoverable as actual damages under RCW 59.18.085(3).

¶7 We interpret a statute de novo. Multicare Med. Ctr. v. Dep’t of Soc. & Health Servs., 114 Wn.2d 572, 582 n.15, 790 P.2d 124 (1990). In doing so, we “discern and implement” our legislature’s intent. State v. J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003); see State ex rel. Great N. Ry. v. [634]*634R.R. Comm’n, 52 Wash. 33, 36, 100 P. 184 (1909). If our legislature’s intent is apparent from a statute’s plain language, we do not construe it otherwise. J.P., 149 Wn.2d at 450; Walker v. City of Spokane, 62 Wash. 312, 318, 113 P. 775 (1911). If a statute is ambiguous, we may consider its legislative history. J.P., 149 Wn.2d at 450; Shelton Hotel Co. v. Bates, 4 Wn.2d 498, 507-08, 104 P.2d 478 (1940). A statute’s meaning is ambiguous “if it is subject to two or more reasonable interpretations.” State v. McGee, 122 Wn.2d 783, 787, 864 P.2d 912 (1993). A statute’s meaning is not ambiguous “merely because different interpretations are conceivable.” State v. Tili, 139 Wn.2d 107, 115, 985 P.2d 365 (1999).

¶8 Whether a plaintiff may recover emotional distress damages for a defendant’s statutory violation “depend [s] on the language of the particular statute at issue.” White River Estates v. Hiltbruner, 134 Wn.2d 761, 765, 953 P.2d 796 (1998). RCW 59.18.085 provides,

(3)(a) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced tenants ....
(e) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent required by (b) of this subsection. In addition, displaced tenants shall be entitled to recover any actual damages sustained by them as a result of the condemnation, eviction, or displacement that exceed the amount of relocation assistance that is payable.

(Emphasis added.)

¶9 The tenants contend they may recover emotional distress damages because subsection (3)(e)’s “actual damages” language includes emotional distress damages and [635]*635subsection (3)(a)’s “knew or should have known” language sounds in intentional tort, for which emotional distress damages are recoverable. The Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW, does not define the words “actual damages.” These words are ambiguous because they could reasonably include or exclude emotional distress damages where, as here, any damages under RCW 59.18-.085(3) arise primarily from a contract to lease residential real property. The legislative history of subsection (3)(e) does not indicate the intended scope of these words. Absent some clear direction from our legislature, emotional distress damages are recoverable solely if subsection (3)(a) sounds in intentional tort. See White River Estates, 134 Wn.2d at 766.

¶10 The phrase “knew or should have known” generally imposes a recklessness standard. E.g., Bilden v. United Equitable Ins. Co., 921 F.2d 822, 828 n.7 (8th Cir.

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Cite This Page — Counsel Stack

Bluebook (online)
319 P.3d 98, 179 Wash. App. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segura-v-cabrera-washctapp-2014.