Tingey v. Haisch

117 P.3d 1189, 129 Wash. App. 109, 2005 Wash. App. LEXIS 2088
CourtCourt of Appeals of Washington
DecidedAugust 18, 2005
DocketNo. 23289-1-III
StatusPublished
Cited by4 cases

This text of 117 P.3d 1189 (Tingey v. Haisch) 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
Tingey v. Haisch, 117 P.3d 1189, 129 Wash. App. 109, 2005 Wash. App. LEXIS 2088 (Wash. Ct. App. 2005).

Opinion

f 1 Lloyd Haisch entered into an oral agreement for legal services with attorney David Tingey. After more than three years had elapsed, Mr. Tingey brought an action for recovery of his attorney fees. At summary judgment, the trial court held that Mr. Tingey’s claim for attorney fees was subject to a six-year statute of limitations as an account receivable under RCW 4.16.040(2),1 not a three-year statute of limitations as an oral contract under RCW 4.16.080(3).2 3On appeal, the parties dispute the applicable statute of limitations. We conclude that the term “account receivable” as used in RCW 4.16.040 is ambiguous and requires interpretation. We hold that the term means an “open account,” that is, “[a]n account that is left open for ongoing debit and credit entries by two parties and that has a fluctuating balance until either party finds it convenient [112]*112to settle and close.” Black’s Law Dictionary 20 (8th ed. 2004). Accordingly, the judgment against Mr. Haisch is reversed.

Kurtz, J.

[112]*112FACTS

¶2 In 1994, Lloyd Haisch retained attorney David Tingey to represent him in a Grant County lawsuit. The attorney and client did not enter into a written fee agreement. Mr. Tingey sent Mr. Haisch a billing statement for his services which was dated December 16, 1998. The billing statement reflected that the last day of legal services was December 27, 1994.

¶3 In 1999, United Collection Service filed an action against Mr. Haisch for recovery of the attorney fees. The matter proceeded to arbitration. The arbitrator found in favor of Mr. Haisch. United Collection Service requested trial de novo and further requested that Mr. Tingey be substituted as the plaintiff.

¶4 In May 2003, Mr. Haisch moved to dismiss. Because there was no written fee agreement, Mr. Haisch argued that Mr. Tingey’s lawsuit was barred by RCW 4.16.080(3), the three-year statute of limitations. In response, Mr. Tingey moved for summary judgment, arguing that he was suing on an account receivable incurred in the ordinary course of the legal business and subject to RCW 4.16.040(2), the six-year statute of limitations.

¶5 At summary judgment, the trial court ruled that the applicable statute of limitations was six years but further ruled that material issues of fact remained which had to be determined at trial. After a trial, the court ruled in favor of Mr. Tingey. Mr. Haisch appeals.

ANALYSIS

¶6 Mr. Haisch contends that a claim for attorney fees is subject to a three-year statute of limitations, absent a written fee agreement. In his argument, he acknowledges that RCW 4.16.080(3) was amended in 1989 to exclude [113]*113account receivables from the three-year statute of limitations. He argues, however, that this exclusion does not encompass a claim for attorney fees because attorney fees are not incurred in the ordinary course of business. In Mr. Haisch’s view, the practice of law is a profession, not a business. In response, Mr. Tingey argues that a claim for attorney fees, incurred in the ordinary course of a legal business, is subject to a six-year statute of limitations as an account receivable.

17 Standard of Review. Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Folsom v. Burger King, 135 Wn.2d 658, 663, 958 P.2d 301 (1998). When reviewing a summary judgment order, an appellate court engages in the same inquiry as the trial court. Id. Facts and reasonable inferences from the facts are considered in the light most favorable to the nonmoving party. Bishop v. Miche, 137 Wn.2d 518, 523, 973 P.2d 465 (1999). Conclusions of law are reviewed de novo. Id.

¶8 Statute of Limitations for Attorney Fees. Under former RCW 4.16.080(3) (1989), an action upon an oral contract was subject to a three-year statute of limitations. The statute encompassed a claim for attorney fees where there was no written fee agreement. Hart v. Day, 17 Wn. App. 407, 413, 563 P.2d 227 (1977). In 1989, RCW 4-.16.080(3) was amended to provide an exception for an account receivable incurred in the ordinary course of business. Such an account receivable is subject to a six-year statute of limitations. RCW 4.16.040(2). Otherwise, oral contracts remain subject to the three-year statute of limitations. RCW 4.16.080(3).

¶9 After the statute was amended, Division One of this court held that attorney fees based on an oral contract are subject to a three-year statute of limitations. Bogle & Gates, P.L.L.C. v. Holly Mountain Res., 108 Wn. App. 557, 562, 32 P.3d 1002 (2001). Whether attorney fees may also be subject [114]*114to a six-year statute of limitations as an account receivable was not addressed. See id.; see also Bogle & Gates, P.L.L.C. v. Zapel, 121 Wn. App. 444, 451-52, 90 P.3d 703 (2004). The resolution of that issue turns on the meaning of “account receivable” in RCW 4.16.040(2).

¶10 Account Receivable. The term “account receivable” is not defined in RCW 4.16.040(2). To determine the meaning of an undefined term, the court may look to the common law or to a dictionary definition. McKenna v. Harrison Mem’l Hosp., 92 Wn. App. 119, 122, 960 P.2d 486 (1998). Yet, the term “account receivable” as it appears in legal proceedings, or as it is defined in dictionaries, has different meanings depending upon the context. In litigation, the term is used in the context of: (1) the sale and valuation of businesses,3 (2) adversary proceedings during bankruptcy proceedings,4 and (3) priority disputes between secured parties.5

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Bluebook (online)
117 P.3d 1189, 129 Wash. App. 109, 2005 Wash. App. LEXIS 2088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tingey-v-haisch-washctapp-2005.