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| WA civil procedure rules and local court rules promote litigation efficency and courts generally require strict compliance. |
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| is x years from time of discovery/breach/tort occurs |
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| 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. |
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| 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. |
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| Superior court can hear all cases and venue is in count were D resides or where C/A arose |
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| P need only assert general allegations including jurisdiction/venue, factual events, a justiciable claim, and relief desired. |
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| 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. |
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| if pleadings show no genuine issue as to any material fact remaining for trial, either party can move for summary judgment. |
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| DIPPA: depositions, interrogatories, production of documents, physical/mental examinations; requests for admissions (not objected to within 30 days are deemed admitted) |
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| Under FISONS case, discovery responses must be truthful and complete. Discovery cannot be unduly burdensome. |
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| 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 |
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| 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. |
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| must be preserved by timely objections |
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| The WA Common Law (CL) of torts protectes the interests of those that have suffered harm. |
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| 2 yrs for assault, battery, false imprisonment, defamation and nuisance. other torts 3 years from date of discovery, actual or constructive. |
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| 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. |
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| 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. |
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| intentional harmful or bodily contact of the P that is offensive to a reasonable person (objective test) |
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| intentional, unprivileged act resulting in P's reasonable mental apprehension of an imminent harmful or offensive contact. (objective test) |
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| D's intentional extreme and outrageous conduct causing P to suffer server emotional or mental distress that is manifested by objective symptoms |
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| 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 |
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| 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. |
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| 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. |
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| 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) |
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| Dangerous animals or activities |
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| Strict liability; no one free bite for animals, or dangerous activities or WPLA arising from defective new product sold by merchant. |
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| 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. |
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| U.S. and WA constitutions govern. WA APA governs administrative acts of state agencies, but it may apply to local agencies by analogy. |
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| 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. |
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| Should more liberal WA Const. apply |
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| GUNWALL analysis to compare historical textural differences and to dtermine whether the issue is a matter of state or National importance |
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| Gov has burden to show the restriction must forward a compelling government interest and there must be no less restrictive means available. |
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| 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 |
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| SERF: Standing, Exhaustion of admin remedies; Ripeness/mootness; Finality |
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| Judicial Review Standards (agency rule) |
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| any CUSA: Con violation; unlawful procedure; statutory authority exceeded; arbitrary and capricious |
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| any CUSEND: CON Violation; Unlawful Procedure; Statutory Authority exceeded; Erroneous Legal interpretation or application; NOT supported by sustantial evidence; DISQUALIFICATION improperly denied. |
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| 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 |
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| 1 VIP: 1ST Amend; Voting Interstate travel; Privacy rights - STRICT SCRUTINY |
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| CAMPERM: Contraception; Abortion; Marriage; Procreation; Education; Relations; Medical treatment-refuse- WA-education |
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