Shoop v. Kittitas County

65 P.3d 1194, 149 Wash. 2d 29, 2003 Wash. LEXIS 214
CourtWashington Supreme Court
DecidedApril 3, 2003
DocketNo. 71926-8
StatusPublished
Cited by75 cases

This text of 65 P.3d 1194 (Shoop v. Kittitas County) 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
Shoop v. Kittitas County, 65 P.3d 1194, 149 Wash. 2d 29, 2003 Wash. LEXIS 214 (Wash. 2003).

Opinion

Sanders, J.

Former RCW 36.01.050 (1997), amended by Laws of 2000, ch. 244, § 1, requires actions against a county be commenced in the defendant county or one of the two nearest counties. This case arises because the plaintiff filed [32]*32her tort action in the wrong county shortly before the statute of limitations expired. The trial court concluded this was a jurisdictional requirement which could not be cured by a change of venue. We disagree, overruling Cossel v. Skagit County, 119 Wn.2d 434, 834 P.2d 609 (1992). We thus affirm the Court of Appeals.

FACTS

Cathleen Shoop alleges she sustained serious personal injury when she lost control of her vehicle in November 1996 while driving on the Cle Elum River Bridge, located in Kittitas County. In 1999 she and her husband sued Kittitas County and several unnamed defendants in King County, alleging negligence in the design, maintenance, and inspection of the bridge. As determined by the administrator for the courts, King County adjoins Kittitas County, but it is not one of the two “nearest” counties. The two nearest counties are Yakima County and Grant County.

Kittitas County moved to dismiss claiming the superior court of King County lacked subject matter jurisdiction. Because the statute of limitations had by then run, dismissal would have terminated the action. Ms. Shoop responded with a motion to transfer venue to Yakima County, which, if granted, would allow her case to proceed within the statute of limitations. On May 19, 2000, the King County Superior Court granted Kittitas’s motion to dismiss.

Ms. Shoop moved to reconsider, arguing that RCW 36.01.050 (1997), requiring an action against a county be commenced in the defendant county or one of the two adjacent counties as determined by the administrator for the courts, is a statute pertaining to venue, not subject matter jurisdiction. In the alternative, she argued permitting dismissals for lack of subject matter jurisdiction violates equal protection and constitutes an unconstitutional delegation of legislative authority to the administrator for the courts. The superior court denied the motion.

[33]*33Ms. Shoop appealed, seeking to have the case reinstated subject to her motion to transfer venue to Yakima County. In its response Kittitas County argued the trial court should be affirmed because it lacked jurisdiction under both RCW 36.01.050 (1997) and former RCW 4.12.020 (1941), amended by Laws of 2001, ch. 45, § 2, which requires actions arising out of automobile accidents to be brought in the county in which the defendant resides or the county in which the accident occurred. Appellant’s Br. at 5-9.

Finding the legislature had recently manifested its intent to construe RCW 36.01.050 (1997) as a venue statute, the Court of Appeals reversed and remanded with directions to transfer venue. Shoop v. Kittitas County, 108 Wn. App. 388, 30 P.3d 529 (2001). The Court of Appeals also rejected Kittitas County’s alternative argument that it should affirm the dismissal on the ground that Ms. Shoop failed to comply with RCW 4.12.020(3) (1941) as inconsistent with the result in Cossel, 119 Wn.2d 434. Shoop, 108 Wn. App. at 393 n.5.

On petition of Kittitas County we granted discretionary review.

STANDARD OF REVIEW

Whether a particular court has jurisdiction is a question of law reviewed de novo. Crosby v. Spokane County, 137 Wn.2d 296, 301, 971 P.2d 32 (1999). Constitutional challenges are reviewed de novo. Weden v. San Juan County, 135 Wn.2d 678, 693, 958 P.2d 273 (1998).

ANALYSIS

Prior to the 1997 amendment to the statute, former RCW 36.01.050 (1963) stated: “All actions against any county may be commenced in the superior court of such county, or of the adjoining county. . . .” This was the version of the statute in place when we decided Cossel, 119 Wn.2d 434. Cosset involved an action against Skagit County for the [34]*34recovery of damages arising from a single-car accident. Id. at 435. The plaintiff commenced suit in adjacent Snohomish County as authorized by RCW 36.01.050 (1963), but failed to comply with RCW 4.12.020(3) (1941), which required a plaintiff file an action arising out of a motor vehicle accident either in the county in which the accident occurred or where the defendant resides. Id. Relying on Aydelotte v. Audette, 110 Wn.2d 249, 750 P.2d 1276 (1988), which holds that the filing requirements of RCW 4.12.020 (1941) must be met before a court can obtain subject matter jurisdiction, the Snohomish County Superior Court dismissed the case for lack of subject matter jurisdiction. Cossel, 119 Wn.2d at 435-36.

On direct review we reversed, denying Skagit County’s contention that only RCW 4.12.020(3) (1941) established the court’s subject matter jurisdiction, while RCW 36.01-.050 (1963) related to choice of venue. Cossel, 119 Wn.2d at 436 n.1. To show that RCW 36.01.050 (1963) was only a venue statute, the county pointed to its caption in the Revised Code of Washington: “ Wenue of actions by or against counties.’” Cossel, 119 Wn.2d at 436 n.1. We rejected this argument because “headings are generated by the code reviser, and do not change the meaning of the law unless specifically adopted by the Legislature.” Id.

Reading the plain language of the statute we held, “The word commence means ‘[t]o initiate by performing the first act. . . [t]o institute or start.’ ” “Clearly, this is jurisdictional language.” Id. at 436 (quoting Black’s Law Dictionary 243 (5th ed. 1979)). Concluding that both RCW 36.01.050

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Bluebook (online)
65 P.3d 1194, 149 Wash. 2d 29, 2003 Wash. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoop-v-kittitas-county-wash-2003.