Strenge v. Clarke

569 P.2d 60, 89 Wash. 2d 23, 1977 Wash. LEXIS 967
CourtWashington Supreme Court
DecidedSeptember 8, 1977
Docket43813
StatusPublished
Cited by70 cases

This text of 569 P.2d 60 (Strenge v. Clarke) 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
Strenge v. Clarke, 569 P.2d 60, 89 Wash. 2d 23, 1977 Wash. LEXIS 967 (Wash. 1977).

Opinions

Stafford, J.

The sole issue in this case is whether justice district courts have jurisdiction to entertain and try damage claims arising under the Consumer Protection Act, RCW 19.86.

Respondent collection agency, Spokane General Credit, Inc., as assignee of a debt allegedly owed to Bestway Fuel, Inc., by petitioner, Linda Strenge, initiated an action in Spokane County District Court to collect $119.15 claimed to be due on her open account. Petitioner counterclaimed for treble damages under RCW 19.86.090 of the Consumer Protection Act. She alleged that respondent engaged in abusive collection practices proscribed by RCW 19.16.440 which reads in part:

[T]he commission by a licensee or an employee of a licensee of an act or practice prohibited by RCW 19.16-.250 are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the Consumer Protection Act found in chapter 19.86 RCW.

[25]*25During the trial it developed that respondent had indeed violated certain provisions of the Collection Agency Act, RCW 19.16.250(14), (18),1 by attempting to collect court costs, services fees and attorney's fees before they were reduced to judgment. The district court (justice court) awarded respondent judgment for the unpaid balance of $39.15. But, acting pursuant to RCW 19.16.4502 the court properly refused to award respondent any sum for court costs, collection costs, attorney's fees, or other costs, or interest. On the other hand, the court declined to entertain petitioner's counterclaim under RCW 19.86, claiming lack of jurisdiction over claims under the Consumer Protection Act.

Linda Strenge petitioned the Superior Court for a writ of certiorari to review the justice court's decision that it lacked such jurisdiction. The Superior Court, because of the importance of the issue, certified the matter to the Court of Appeals which in turn certified the matter to this court.

We reverse the justice court and hold that it has jurisdiction over claims brought under the Consumer Protection [26]*26Act for the following reasons: (1) the legislature has, pursuant to the Washington State Constitution, conferred justice courts with jurisdiction over proceedings of this nature (i.e., an action for a penalty not exceeding one thousand dollars); (2) the language of RCW 19.86.090 allows complainants under the act to bring their suits either in justice court or in superior court; and (3) such a result is both in the public interest and consistent with the spirit and the purpose of the Consumer Protection Act.

[25]*25"(18) Collect or attempt to collect in addition to the principal amount of a claim any sum other than allowable interest, collection costs expressly authorized by statute, and, in the case of suit, attorney's fees and taxable court costs."

[26]*26First, article 4, section 6 (amendment 28)3 invests the superior court with original and general jurisdiction in all cases and in all proceedings in which jurisdiction is not exclusively vested by law in some other court or forum. Dillenburg v. Maxwell, 70 Wn.2d 331, 351-52, 413 P.2d 940 (1966). Similarly, justice court jurisdiction is provided for in the state constitution. However, the power to determine the extent of justice court jurisdiction is lodged in the legislature which is authorized to prescribe the jurisdiction of justice courts provided such jurisdiction does not "trench upon" the jurisdiction of the superior court. Const. art. 4, § 10 (amendment 28) .4 That limitation has been interpreted to mean that the investing of original jurisdiction in the superior courts does not prevent the legislature from giving concurrent jurisdiction to justice courts in the same class of cases.

[27]*27The language of the constitution is not that the superior courts shall have exclusive jurisdiction, but it gives to the superior courts universal original jurisdiction, leaving the legislature to carve out from that jurisdiction the jurisdiction of the justices of the peace, and any other inferior courts that may be created.

(Italics ours.) Moore v. Perrott, 2 Wash. 1, 4, 25 P. 906 (1891). To date we have not deviated from that interpretation. Accord, State v. Haye, 72 Wn.2d 461, 467, 433 P.2d 884 (1967); State ex rel. Keasal v. Superior Court, 76 Wash. 291, 298, 136 P. 147 (1913); State v. Schaffer, 31 Wash. 305, 306, 71 P. 1088 (1903).

Following this interpretation, the legislature has "carved" the justice court's civil jurisdiction out of the original universal jurisdiction of the superior court. RCW 3.66. For example, RCW 3.66.020 lists the civil actions and proceedings over which justice courts have jurisdiction. RCW 3.66.020(3) specifically provides that justice courts shall have jurisdiction in civil actions "for a penalty not exceeding one thousand dollars."

Second, we have clearly stated that RCW 19.86.090, the damages section of the Consumer Protection Act, imposes a civil penalty. Johnston v. Beneficial Management Corp. of America, 85 Wn.2d 637, 640, 538 P.2d 510 (1975). The statutory penalty is limited to one thousand dollars. Thus, by virtue of RCW 3.66.020(3) justice courts have concurrent jurisdiction with superior courts over the civil penalty provided for in RCW 19.86.090 unless the legislature has provided there, or in some other statute, that the superior courts have sole and exclusive jurisdiction over such matters. There is no such limiting provision.

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Cite This Page — Counsel Stack

Bluebook (online)
569 P.2d 60, 89 Wash. 2d 23, 1977 Wash. LEXIS 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strenge-v-clarke-wash-1977.