Primary Issues WA

Civ Pro opener
WA civil procedure rules and local court rules promote litigation efficency and courts generally require strict compliance.
SOL
is x years from time of discovery/breach/tort occurs
Commence action
when P: serves the summons and compl or files the complaint or does both, the SOL is then tolled for 90 days to allow P to complete both steps.
WA jurisdiction
through notice by personal service (by 18 year old non party); leaving it with person residing at residence, or by long arm statute; service by publication affidavit is also possible if D cannot be found after dilligent search.
Venue
Superior court can hear all cases and venue is in count were D resides or where C/A arose
WA notice pleading
P need only assert general allegations including jurisdiction/venue, factual events, a justiciable claim, and relief desired.
D response
D has 20 days to answer and failure ot object in answer or by pre-trial motion for lack of jurisdiction, improper venue, or insufficency of service will forever waive D’s right to object.
Summary Judgment
if pleadings show no genuine issue as to any material fact remaining for trial, either party can move for summary judgment.
Discovery options
DIPPA: depositions, interrogatories, production of documents, physical/mental examinations; requests for admissions (not objected to within 30 days are deemed admitted)
Discovery duty
Under FISONS case, discovery responses must be truthful and complete. Discovery cannot be unduly burdensome.
Post trial motions
1. Motion for new trial made w/in 10 days of entry of jdmt; 2. Motion for JML – after either party rests or within 10 days of entry of jdmt; 3. motion to vacate judgment if more than 10 days has elapsed
Grounds for new trial
1. irregularity in proceedings; misconduct by persons involved in trial (parties, witnesses, jurors, counsel, court); 3. excessive or inadequate damages (remittitur, additur); 4. newly discoverd evidence that could not be discovered earlier with reasonable dilligence.
Appeal issues
must be preserved by timely objections
Torts opener
The WA Common Law (CL) of torts protectes the interests of those that have suffered harm.
SOL
2 yrs for assault, battery, false imprisonment, defamation and nuisance. other torts 3 years from date of discovery, actual or constructive.
Intentional torts
start with voluntary act by D. There must be intent by D to do the act that causes the harm; intent or motive to harm is NOT required, only the intent to achieve the consequence of the act (which is a tort) is required.
Transferred intent
BAFTT torts: Battery, assault, false imprisonment, trespass to land; trespass to chattels invokes the transferred intent doctrine: If D intends one of these 5 torts and accoplishes one of the other 5, he will be liable for the others as if K actually intended them. Intent may be transferred between victims or P’s if the intended consequence is the same, thus expandinging D’s range of liability.
Battery
intentional harmful or bodily contact of the P that is offensive to a reasonable person (objective test)
Assault
intentional, unprivileged act resulting in P’s reasonable mental apprehension of an imminent harmful or offensive contact. (objective test)
Outrage
D’s intentional extreme and outrageous conduct causing P to suffer server emotional or mental distress that is manifested by objective symptoms
Negligence requirements
ABCD: 1. A legal duty exercise reasonable care to that particular P; Breach of that Duty; Causation (proximate cause – “but for”); and Damages, resulting from the breach of the duty
Respondeat superior
agency creates vicarious liabilty to employer if agent’s (employee’s) act was within the course and scope and in furtherence of the business; the function was inherently dangerous, or there was negligence in hiring or supervision.
Comparative fault (CF)
WA is a “pure” CF state. Joint and several liability applies only where P is not partially at fault and injury is indivisible. If P is contributoryily negligent, P’s recovery reduced by P’s percentage of fault and P can recover from each other party a percentage equilivant to their relative degree of fault. If P is not contributorily negligent P may seek the full amount of recovery against any liable party. Each party, then, has the right of contributon against any other liable party.
Fraud
false statement of material fact, intent by D that P misled, actual and reasonable reliance on fraudulant statement, and damages that result (benefit of the bargain) (watch for CPA)
Dangerous animals or activities
Strict liability; no one free bite for animals, or dangerous activities or WPLA arising from defective new product sold by merchant.
Deffamation
unprivileged false statement of fact concerning P, publicized to 3rd person (in objectively understandable language) with a wrongful inent (or negligence) in exposinth the P to hatred, contempt, ridicule, or disgrace which creates damages to P’s reputation or good name.
Con/AD law opener
U.S. and WA constitutions govern. WA APA governs administrative acts of state agencies, but it may apply to local agencies by analogy.
State Actor
determine and mention that the person whose acts are the subject of dispute is/is not a state actor. If not, the APA and Constitutional rights may not apply.
Should more liberal WA Const. apply
GUNWALL analysis to compare historical textural differences and to dtermine whether the issue is a matter of state or National importance
Strict Scrutiny
Gov has burden to show the restriction must forward a compelling government interest and there must be no less restrictive means available.
Rational Basis scrutiny
State action presumed valid and must meerele be rationally related to a legitimate gov purpose. The burden is on the challanger to prove the action is invalid
Judicial Review
SERF: Standing, Exhaustion of admin remedies; Ripeness/mootness; Finality
Judicial Review Standards (agency rule)
any CUSA: Con violation; unlawful procedure; statutory authority exceeded; arbitrary and capricious
Agency Order REVIEW
any CUSEND: CON Violation; Unlawful Procedure; Statutory Authority exceeded; Erroneous Legal interpretation or application; NOT supported by sustantial evidence; DISQUALIFICATION improperly denied.
MATHEWS TEST
balance the importance of the interest and risk that the interest will be deprived erronously aganst the cost and administrative burden on gov to provide additional safegards
FUNDAMENTAL RIGHTS
1 VIP: 1ST Amend; Voting Interstate travel; Privacy rights – STRICT SCRUTINY
Privacy Rights
CAMPERM: Contraception; Abortion; Marriage; Procreation; Education; Relations; Medical treatment-refuse- WA-education
CON LAW CHARTS
REVIEW CAREFULLY

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