State v. LG Electronics, Inc.

375 P.3d 636, 186 Wash. 2d 1
CourtWashington Supreme Court
DecidedJuly 14, 2016
DocketNo. 91263-7
StatusPublished
Cited by28 cases

This text of 375 P.3d 636 (State v. LG Electronics, 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
State v. LG Electronics, Inc., 375 P.3d 636, 186 Wash. 2d 1 (Wash. 2016).

Opinions

González, J.

¶1 Plaintiffs must file their lawsuits before the applicable statute of limitations runs or their suits will be dismissed as untimely. Historically, sovereigns were not subject to statutes of limitations without their explicit consent. Washington State has consented to some statutes of limitations but not to others. We are asked to decide whether our State has consented to a statute of limitations that would bar this antitrust suit filed by the Washington State attorney general on behalf of the State against more than 20 foreign electronics manufacturing companies. We find it has not and affirm.

Facts

¶2 On May 1, 2012, the State, through the attorney general, filed suit on behalf of itself and as parens patriae1 on behalf of persons residing in the state against a number of foreign electronics manufacturers. Clerk’s Papers (CP) at 1-28. The State alleges that between at least March 1, 1995, through at least November 25, 2007, the defendants violated RCW 19.86.030, which prohibits any “contract, combination ... or conspiracy in restraint of trade or commerce," [6]*6by agreeing to raise prices and agreeing on production levels in the market for CRTs (cathode ray tubes), the dominant display technology used in televisions and computer monitors before the advent of LCD (liquid crystal display) panels and plasma display technologies. Id. at 1, 2, 24, 27. Due to this unlawful conspiracy, the State alleges, Washington consumers and the State of Washington itself paid supracompetitive prices for CRT products. Id. at 14. The complaint seeks “damages, restitution, civil penalties, costs and fees, and injunctive relief.” Id. at 2, 27-28.

¶3 Ten of the defendants filed a motion to dismiss, arguing the claims were time barred because Washington’s Consumer Protection Act (CPA), chapter 19.86 RCW, provides that actions for damages under RCW 19.86.090 must be brought within four years. CP at 29-59 (citing RCW 19.86.120). The State responded that RCW 19.86.120’s statute of limitations did not apply to its claims under RCW 19.86.080. Id. at 46. The State also argued that it was exempt from the statute of limitations under RCW 4.16.160, which provides that “there shall be no limitation to actions brought in the name or for the benefit of the state.” Id. at 48. The trial judge denied the motion to dismiss and certified the matter for discretionary review under RAP 2.3(b)(4).2 Id. at 95-96, 144. The Court of Appeals granted discretionary review of two questions:

“(1) Whether the four-year statute of limitations under RCW 19.86.120 applies to the Washington’s Attorney General’s Complaint brought pursuant to its parens patriae authority under RCW 19.86.080 that seeks actual damages for violations of RCW 19.86.030?
[7]*7“(2) Whether RCW 4.16.160 should be applied to the Washington Attorney General’s parens patriae antitrust lawsuit seeking actual damages and restitution for citizens of Washington?”

State v. LG Elecs., Inc., 185 Wn. App. 123, 130, 340 P.3d 915 (2014) (footnotes omitted).

¶4 The Court of Appeals concluded that the CPA’s four-year statute of limitations did not apply to actions for injunctive relief and restitution brought by the attorney general under RCW 19.86.080 (.080) because it expressly applies only to actions for damages under RCW 19.86.090. Id. at 139. It also concluded the State’s .080 action was “brought for the benefit of the State” and thus exempt from any general statute of limitations under RCW 4.16.160, and affirmed the trial court. Id. at 151. The defendants who moved to dismiss (collectively LG Electronics) successfully petitioned for our review.

Analysis

¶5 Our review is de novo. Burton v. Lehman, 153 Wn.2d 416, 422, 103 P.3d 1230 (2005) (CR 12(b)(6) rulings) (citing Tenore v. AT&T Wireless Servs., 136 Wn.2d 322, 329-30, 962 P.2d 104 (1998)); Castro v. Stanwood Sch. Dist. No. 401, 151 Wn.2d 221, 224, 86 P.3d 1166 (2004) (interpretation of a statute) (citing State v. Karp, 69 Wn. App. 369, 372, 848 P.2d 1304 (1993)).

¶6 The CPA authorizes both public and private enforcement of its provisions. RCW 19.86.080, .090. Under .080, the attorney general is authorized to bring an action “in the name of the state, or as parens patriae on behalf of persons residing in the state” for injunctive relief, and the court is authorized to make “additional orders ... as may be necessary to restore to any person in interest any moneys or property . . . which may have been acquired by means of [a prohibited] act.” RCW 19.86.080(1), (2). RCW 19.86.080 directs the court to consider consolidating .080 actions with [8]*8other related actions and to exclude from the amount of monetary relief awarded any amount that duplicates amounts already awarded for the same violation. RCW 19.86.080(3).

¶7 RCW 19.86.090 (.090) authorizes private persons to sue for injunctive relief and “actual damages,” and it provides the court with discretion to increase the award of damages up to three times the actual damages sustained. It also authorizes the State, “[w]henever [it] is injured, directly or indirectly,” by a violation of the act to sue for its “actual damages.” The CPA’s statute of limitations provision bars “claim[s] for damages under RCW 19.86.090” if not commenced within four years. RCW 19.86.120

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Bluebook (online)
375 P.3d 636, 186 Wash. 2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lg-electronics-inc-wash-2016.