Seto v. American Elevator, Inc.

154 P.3d 189
CourtWashington Supreme Court
DecidedMarch 8, 2007
Docket77751-9
StatusPublished
Cited by14 cases

This text of 154 P.3d 189 (Seto v. American Elevator, Inc.) 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
Seto v. American Elevator, Inc., 154 P.3d 189 (Wash. 2007).

Opinion

154 P.3d 189 (2007)

Matthew SETO, a single person, Petitioner,
v.
AMERICAN ELEVATOR, INC., a Washington corporation, Respondent.

No. 77751-9.

Supreme Court of Washington, En Banc.

Argued September 21, 2006.
Decided March 8, 2007.

Scott A. Sayre, The Law Offices of Scott A. Sayre, Seattle, WA, Tucker F. Blair, Blair & Meeker LLP, Federal Way, WA, for Petitioner.

Erik B. Anderson, Safeco Insurance Co., Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser & Bailey PC, Seattle, WA, for Respondent.

*190 ALEXANDER, C.J.

¶ 1 In this case, we review a Court of Appeals decision affirming denial of Matthew Seto's request for a trial de novo after his lawsuit against American Elevator, Inc., was submitted to mandatory arbitration. Under the Mandatory Arbitration Rules (MAR), Seto had 20 days within which to request a trial de novo after the arbitrator filed the arbitration award and proof of service. The issue is when the 20-day period begins to run. We hold that the 20-day period to request a trial de novo begins once service of the arbitration award is complete. Thus, when service is made by mail, the 20-day period will be presumed to begin on the third day after the award is mailed, unless the third day is a Saturday, Sunday, or legal holiday. Consequently, we reverse the decision of the Court of Appeals and remand to the superior court for a trial de novo.

I

¶ 2 Neither party disputes the material facts of this case. Seto filed a civil suit against American Elevator in King County Superior Court. The suit was subsequently transferred to the arbitration department of that court. It was heard there by a court-appointed arbitrator on April 27, 2004.

¶ 3 The arbitrator returned an award for the defense, American Elevator, on April 28, 2004. The arbitrator then e-mailed a copy of the award to both parties' attorneys, along with an unsigned, undated certificate of mailing. The e-mail stated that the arbitrator would file the award and certificate of mailing "no later than tomorrow (April 29th, 2004)." Clerk's Papers (CP) at 24.

¶ 4 That same day, April 28, the arbitrator filed the award, along with a certificate of mailing as proof of service. The certificate of mailing stated that the arbitrator mailed a copy of the arbitration award to the attorneys for each party on April 28, 2004. Both parties' attorneys received the award and certificate of mailing via United States mail the following day, April 29.

¶ 5 On May 19, 20 days after receiving the award and certificate by mail and 21 days after the documents were filed by the arbitrator, Seto filed and served a request for trial de novo, pursuant to MAR 7.1. Two days later, the King County Superior Court arbitration director issued a notice of waiver of right to trial de novo, explaining that Seto had failed to file his request within the 20 days allowed by MAR 7.1. Following receipt of that notice, American Elevator filed a motion in superior court asking the court to set aside Seto's request for a trial de novo and to enter a final judgment on the arbitration award. The trial judge granted American Elevator's motion, holding that the request for trial de novo was "not timely filed." CP at 43.

¶ 6 Seto appealed the decision of the superior court judge to the Court of Appeals, Division One, which affirmed the superior court in a divided opinion. Seto v. Am. Elevator, Inc., 129 Wash.App. 146, 147-48, 118 P.3d 373 (2005). We granted Seto's petition for review. Seto v. Am. Elevator Inc., 157 Wash.2d 1002, 136 P.3d 758 (2006). Seto contends on appeal that filing of an arbitration award is ineffective until service is complete. He asserts, therefore, that the 20-day period for filing a request for trial de novo did not start running in this case until service was completed.

II

¶ 7 The Washington Constitution guarantees the right to a jury trial in both criminal and civil cases. Const. art. I, § 21.[1] The legislature has, however, authorized counties of sufficient size to require parties in certain types of civil cases to submit to mandatory arbitration. RCW 7.06.010-.020. The procedures for such arbitration are laid out in the MAR. To preserve the right to jury trial in cases subjected to mandatory arbitration, the legislature further provided:

[T]he arbitrator shall file his decision and award with the clerk of the superior court, together with proof of service thereof on the parties. Within twenty days after such *191 filing, any aggrieved party may file with the clerk a written notice of appeal and request for a trial de novo in the superior court on all issues of law and fact. Such trial de novo shall thereupon be held, including a right to jury, if demanded.

RCW 7.06.050(1).

¶ 8 MAR 7.1(a), which is derived from the above statute, details the rules for "Service and Filing" of a request for a trial de novo. It provides, in pertinent part:

Within 20 days after the arbitration award is filed with the clerk, any aggrieved party not having waived the right to appeal may serve and file with the clerk a written request for a trial de novo in the superior court along with proof that a copy has been served upon all other parties appearing in the case. The 20-day period within which to request a trial de novo may not be extended.

MAR 6.2, which also derives from RCW 7.06.050(1), contains similar language describing requirements for the "Filing and Service" of the arbitration award:

Within 14 days after the conclusion of the arbitration hearing, the arbitrator shall file the award with the clerk of the superior court, with proof of service of a copy on each party. On the arbitrator's application in cases of unusual length or complexity, the arbitrator may apply for and the court may allow up to 14 additional days for the filing and service of the award.

We have previously interpreted the wording of MAR 7.1(a) and 6.2 to mean that "the 20-day period begins to run only when both the award and proof of service thereof have been filed." Roberts v. Johnson, 137 Wash.2d 84, 92, 969 P.2d 446 (1999) (emphasis added). Thus, the question before us is what "proof of service of a copy on each party" means. Specifically, this court must determine whether proof of service can be properly filed before service is complete or whether the phrase presumes that service is complete before proof thereof is filed.

¶ 9 The interpretation of a court rule is a question of law that is reviewed de novo. Nevers v. Fireside, Inc., 133 Wash.2d 804, 809, 947 P.2d 721 (1997). Court rules, including the MAR, are interpreted in the same manner as statutes, as though they had been drafted by the legislature. Id. Where a statute is clear on its face, "its meaning is to be derived from the language of the statute alone." Kilian v. Atkinson, 147 Wash.2d 16, 20, 50 P.3d 638

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Bluebook (online)
154 P.3d 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seto-v-american-elevator-inc-wash-2007.