US OIL TRADING, LLC v. State

249 P.3d 630
CourtCourt of Appeals of Washington
DecidedJanuary 11, 2011
Docket40950-0-II
StatusPublished
Cited by1 cases

This text of 249 P.3d 630 (US OIL TRADING, LLC v. State) 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
US OIL TRADING, LLC v. State, 249 P.3d 630 (Wash. Ct. App. 2011).

Opinion

249 P.3d 630 (2011)
159 Wash.App. 357

U.S. OIL TRADING, LLC, Appellant,
v.
STATE of Washington, Office of Financial Management, and Department of Revenue, Respondent.

No. 40950-0-II.

Court of Appeals of Washington, Division 2.

January 11, 2011.

*631 Franklin G. Dinces, The Dinces Law Firm, Gig Harbor, WA, Geoffrey P. Knudsen, Attorney at Law, Seattle, WA, for Appellant.

Donald F. Cofer, Atty. Generals Ofc/Revenue Div., Peter B. Gonick, Washington Attorney General's Office, David Thomas Wendel, *632 Attorney at Law, Olympia, WA, for Respondent.

PENOYAR, C.J.

¶ 1 U.S. Oil Trading, LLC (Trading) appeals the trial court's order granting a partial motion to dismiss the tort claim Trading brought against the Washington State Office of Financial Management (OFM) and Department of Revenue (DOR). Trading argues that OFM and DOR owed a duty to Trading. We affirm.

FACTS

¶ 2 Trading brings its tort claim under the Taxpayer Protection Act of 2007 (TPA), which Washington voters approved as Initiative 960 (I-960) in 2007. Laws of 2008, ch. 1, § 19. I-960 was codified at former chapter 43.135 RCW (2008). The TPA provides that "[a]ny action by the legislature that raises taxes may be taken only if approved by two-thirds of each house of the legislature." Former RCW 43.135.035(1) (2008). OFM was charged with determining the cost of any bill introduced in the house of representatives or the senate that "raises taxes" as that term is defined in the TPA. RCW 43.135.031(1); former RCW 43.135.035(6) (2008).

¶ 3 In its complaint, Trading alleged that OFM and DOR[1] committed tortious conduct by preparing a fiscal note indicating that Senate Bill 6096 did not impact the State's revenue.[2] Trading requested $11,275,000 in damages, "the estimated present value of the future taxes Trading will have to pay as a result of Senate Bill 6096 becoming valid law." Clerk's Papers (CP) at 42. In the event that Senate Bill 6096 is not valid law, Trading requested an amount in excess of $76,000. Trading also claimed that it was entitled to a tax refund under RCW 82.32.180.[3]

¶ 4 OFM and DOR filed a CR 12(b)(6) motion to dismiss Trading's tort claim. The trial court granted the partial motion to dismiss the tort claim, finding, in an oral ruling, that "the defendants have no actionable duty toward the plaintiff, and that no private right of action was created contrary to the arguments of the plaintiff in this case." Report of Proceedings (RP) at 25. The trial court entered final judgment on the tort claim under CR 54(b). Trading petitioned for direct review. The Supreme Court transferred the case to us. We agree with the trial court's disposition of this case.

ANALYSIS

I. Standard of Review

¶ 5 We review de novo a trial court's decision on a CR 12(b)(6) motion to dismiss as a question of law. San Juan County v. No New Gas Tax, 160 Wash.2d 141, 164, 157 P.3d 831 (2007). "A trial court should grant a motion to dismiss pursuant to CR 12(b)(6) only `if it appears beyond a reasonable doubt that no facts exist that would justify recovery.'" Atchison v. Great W. Malting Co., 161 Wash.2d 372, 376, 166 P.3d 662 (2007) (quoting Cutler v. Phillips Petroleum Co., 124 Wash.2d 749, 755, 881 P.2d 216 (1994)).

II. Duty

¶ 6 First, Trading alleges that OFM and DOR committed a tort when the agencies failed to determine that Senate Bill 6096 would raise taxes, "intentionally and negligently" breaching their duty to Trading. Appellant's Br. at 16. Trading states, "To raise a tort claim, a plaintiff must allege the existence of a duty, the breach of that duty, injury, and a causal connection between the breach and damage." Appellant's Br. at 14. Trading's complaint also alleges that (1) OFM and DOR had duties, (2) they intentionally and negligently breached their duties, (3) the failure to fulfill their duties *633 allowed the bill to be approved by simple majority vote, and (4) Trading was damaged by the OFM and DOR's failure to fulfill their duties. OFM and DOR assert that they do not owe a duty to Trading. We agree with OFM and DOR.

A. Public Duty Doctrine[4]

¶ 7 Under RCW 4.92.090, the State of Washington has waived its sovereign immunity.[5] However, "[u]nder the public duty doctrine, no liability may be imposed for a public officials negligent conduct unless it is shown that `the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public in general (i.e., a duty to all is a duty to no one).'" Taylor v. Stevens County, 111 Wash.2d 159, 163, 759 P.2d 447 (1988) (quoting J & B Dev. Co. v. King County, 100 Wash.2d 299, 304, 669 P.2d 468 (1983), overruled on other grounds by Meaney v. Dodd, 111 Wash.2d 174, 759 P.2d 455 (1988)). A general responsibility to the public, rather than to individual members of the public, does not create a duty of care. Osborn v. Mason County, 157 Wash.2d 18, 28, 134 P.3d 197 (2006) (quoting Campbell v. City of Bellevue, 85 Wash.2d 1, 9, 530 P.2d 234 (1975)). "The policy underlying the public duty doctrine is that legislative enactments for the public welfare should not be discouraged by subjecting a governmental entity to unlimited liability." Taylor, 111 Wash.2d at 170, 759 P.2d 447.

B. Exceptions to the Public Duty Doctrine

¶ 8 There are four exceptions to the public duty doctrine: (1) legislative intent; (2) failure to enforce; (3) the rescue doctrine; and (4) a special relationship. Cummins v. Lewis County, 156 Wash.2d 844, 853 n. 7, 133 P.3d 458 (2006). If one of the exceptions applies, the governmental entity owes a duty to the plaintiff as a matter of law. Cummins, 156 Wash.2d at 853, 133 P.3d 458. Trading contends that three of the exceptions—the legislative intent, failure to enforce, and special relationship exceptions— apply. We disagree.

1. Legislative Intent Exception

¶ 9 First, Trading contends that the legislative intent exception applies, because I-960 was intended to protect "persons whose taxes would be raised." Appellant's Br. at 19.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taggart v. State
822 P.2d 243 (Washington Supreme Court, 1992)
J & B Development Co. v. King County
669 P.2d 468 (Washington Supreme Court, 1983)
Bailey v. Town of Forks
737 P.2d 1257 (Washington Supreme Court, 1988)
Honcoop v. State
759 P.2d 1188 (Washington Supreme Court, 1988)
Taylor v. Stevens County
759 P.2d 447 (Washington Supreme Court, 1988)
Meaney v. Dodd
759 P.2d 455 (Washington Supreme Court, 1988)
Beal for Martinez v. City of Seattle
954 P.2d 237 (Washington Supreme Court, 1998)
Halvorson v. Dahl
574 P.2d 1190 (Washington Supreme Court, 1978)
Cutler v. Phillips Petroleum Co.
881 P.2d 216 (Washington Supreme Court, 1994)
Halleran v. Nu West, Inc.
98 P.3d 52 (Court of Appeals of Washington, 2004)
Cummins v. Lewis County
133 P.3d 458 (Washington Supreme Court, 2006)
Campbell v. City of Bellevue
530 P.2d 234 (Washington Supreme Court, 1975)
Babcock v. Mason County Fire Dist. No. 6
30 P.3d 1261 (Washington Supreme Court, 2001)
Atchison v. Great Western Malting Co.
166 P.3d 662 (Washington Supreme Court, 2007)
Osborn v. Mason County
134 P.3d 197 (Washington Supreme Court, 2006)
San Juan County v. No New Gas Tax
157 P.3d 831 (Washington Supreme Court, 2007)
Beal v. City of Seattle
134 Wash. 2d 769 (Washington Supreme Court, 1998)
Ravenscroft v. Washington Water Power Co.
969 P.2d 75 (Washington Supreme Court, 1998)
Babcock v. Mason County Fire District No. 6
144 Wash. 2d 774 (Washington Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
249 P.3d 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-oil-trading-llc-v-state-washctapp-2011.