Wiley v. Rehak

143 Wash. 2d 339
CourtWashington Supreme Court
DecidedMarch 29, 2001
DocketNo. 70008-7
StatusPublished
Cited by61 cases

This text of 143 Wash. 2d 339 (Wiley v. Rehak) 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
Wiley v. Rehak, 143 Wash. 2d 339 (Wash. 2001).

Opinion

Ireland, J.

This Court granted review of a Court of Appeals’ decision (1) holding that Kevin Prueitt could not amend a notice for trial de novo following mandatory arbitration to add himself as a named party after the time for filing the notice had expired and (2) assessing attorney fees against Kevin Prueitt. The Court of Appeals’ decision is consistent with our case law and should be affirmed.

FACTS

The central facts in this case are undisputed. On September 22, 1995, Leslie Wiley was injured in a two-car collision in Cowlitz County, Washington. On June 9, 1997, she filed suit against Frank Rehak, the owner of the other car. On August 25, 1997, an amended complaint was filed adding Dana Rehak, the car owner’s brother, as a defendant. Both Frank and Dana Rehak were represented by attorney Joseph Tucci, Jr. Tucci filed an answer on their behalf on September 19, 1997.

Discovery commenced, and Wiley learned that Frank Rehak had not been present when the collision occurred; Dana Rehak had been a passenger in the vehicle that was driven by Kevin Prueitt. On March 11, 1998, Wiley filed a second amended complaint adding Kevin Prueitt as a [342]*342defendant. On May 18, 1998, the trial court dismissed Frank Rehak from the lawsuit without prejudice. On July 30, 1998, an answer was filed on behalf of Prueitt by Tucci, who represented all three men. In early October, Tucci had a reoccurrence of cancer. On October 15, 1998, Heidi Imhof was added as an additional attorney and defended the arbitration. Tucci died in January 1999.

The superior court transferred the case to mandatory arbitration. On November 18, 1998, the arbitrator filed the arbitration award. Prueitt was found to be 100 percent at fault. The arbitrator also found that Wiley was entitled to statutory attorney fees and costs. The arbitrator mailed the arbitration award to the parties on November 13, 1998. Both the award and the proof of service were filed with the court on November 18, 1998.

On November 23, 1998, the defense filed a notice for trial de novo with the court. The notice stated in pertinent part:

PLEASE TAKE NOTICE that FRANK REHAK and DANA REHA[sic], the defendants, requests [sic] a Trial de novo from the Arbitration Award filed on November 13, 1998, pursuant to MAR 7.1 and LMAR 7.1.

Clerk’s Papers at 18-19. Wiley did not appeal. No notice for trial de novo was filed on behalf of Prueitt during the 20-day period.

On January 7, 1999, Wiley moved to strike the notice for trial de novo that was filed on behalf of the Rehaks; she sought entry of judgment on the arbitration award since the Rehaks were not aggrieved parties. Prueitt then moved to amend the notice for trial de novo to include himself.

On March 12, 1999, the trial court granted Prueitt’s motion. It found that neither Frank nor Dana Rehak was an aggrieved party and, thus, they could not appeal from the mandatory arbitration award. Consequently, the court struck their names from the notice and found that Prueitt’s name was inadvertently left off the notice due to a scrivener’s error. The trial court also allowed the filing of the amended notice that contained Prueitt’s name as the ag[343]*343grieved party and allowed the amended notice to relate back to the date the Rehaks filed the original notice.

The Court of Appeals subsequently granted Wiley’s motion for discretionary review. On June 16, 2000, the Court of Appeals, concluding the trial court lacked discretion to allow the untimely amendment, reversed and remanded for judgment on the arbitration award. The Court of Appeals also ruled that Wiley was entitled to attorney fees on appeal. Prueitt now seeks this Court’s review.

ANALYSIS

Standard of Review

“These arbitration rules apply to mandatory arbitration of civil actions under RCW 7.06.” MAR 1.1. RCW 7.06.030 states that “[t]he supreme court shall by rule adopt procedures to implement mandatory arbitration of civil actions under this chapter.” These mandatory arbitration rules, like any other court rules, are interpreted as though they were drafted by the Legislature and are construed consistent with their purpose. State v. Wittenbarger, 124 Wn.2d 467, 484, 880 P.2d 517 (1994). Applying this court rule to the facts is a question of law subject to de novo review on appeal. Mee Soon Kim v. Pham, 95 Wn. App. 439, 441, 975 P.2d 544, review denied, 139 Wn.2d 1009 (1999).

Trial De Novo

RCW 7.06.0501 provides that within 20 days after the [344]*344arbitrator files his decision, any aggrieved party may file a written notice for appeal and notice for a trial de novo in the superior court. MAR 7.1(a)2 contains this provision and the procedures required to file a notice for trial de novo. In Nevers v. Fireside, Inc., 133 Wn.2d 804, 811-12, 947 P.2d 721 (1997), this Court held that “failure to strictly comply with MIAR 7.1(a)’s filing requirement prevents the superior court from conducting a trial de novo.” (Emphasis added.) Substantial compliance with the rule is insufficient. Id. at 815.

Nevers specifically required the aggrieved party to file both a notice for trial de novo and proof of service within 20 days. The Nevers rationale mandates strict compliance based on the plain, unambiguous language of the rule. The Court later held in Roberts v. Johnson, 137 Wn.2d 84, 93, 969 P.2d 446 (1999), that the strict compliance standard applies to MAR 6.2, governing the filing of an arbitrator’s decision.

The Court based both rulings on the plain language of the rules, but also noted that strict compliance better effectuates the Legislature’s intent in enacting the statutes upon which the arbitration rules are based, namely to “alleviate the court congestion and reduce the delay in hearing civil cases.” Christie-Lambert Van & Storage Co. v. McLeod, 39 Wn. App. 298, 302, 693 P.2d 161 (1984) (citing 1 Senate Journal, 46th Leg., Reg. Sess. 1016-17 (1979)). See also Nevers, 133 Wn.2d at 815; Roberts, 137 Wn.2d at 89; Perkins Coie v. Williams, 84 Wn. App. 733, 737, 929 P.2d 1215 (1997).

In several cases, other parties have made mistakes that eliminated their respective rights to trial de novo. Nevers is [345]*345an example. Also, in Pybas v. Paolino, 73 Wn. App. 393, 869 P.2d 427 (1994), the attorney for the respondents delivered a notice for trial de novo to a messenger service with directions to file it with the court.

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Bluebook (online)
143 Wash. 2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-rehak-wash-2001.