Christensen v. Ellsworth

• Decision Date: 06 December 2007
• Docket Number: No. 79128-7.,79128-7.
• Parties: Ed L. CHRISTENSEN, Petitioner, v. Richard A. ELLSWORTH, Respondent.
• Court: Washington Supreme Court

173 P.3d 228

162 Wn.2d 365

Ed L. CHRISTENSEN, Petitioner, v. Richard A. ELLSWORTH, Respondent.

No. 79128-7.

Supreme Court of Washington, En Banc.

Argued October 11, 2007.

Decided December 6, 2007.

Mark Mumford, Mabbutt & Mumford, Moscow, ID, Joseph Doyle Puckett, Puckett & Redford, PLLC, Seattle, WA, for Petitioner.

Howard Marshall Neill, Attorney at Law, Pullman, WA, for Respondent.

FAIRHURST, J.

¶ 1 Petitioner, Ed L. Christensen, the lessor, seeks review of a Court of Appeals ruling that affirmed the trial court's dismissal of an unlawful detainer action brought against Respondent, Richard A. Ellsworth, the lessee. The trial court dismissed the unlawful detainer action because it found Christensen did not give Ellsworth the three day notice required by RCW 59.12.030(3). Whether the statutory notice was timely given depends on whether the time computation rule, CR 6(a), applies.

¶ 2 We hold that CR 6(a) does not apply to the calculation of the three day notice period required by RCW 59.12.030(3). We reverse the Court of Appeals and remand to the trial court for further proceedings consistent with this opinion.

I. STATEMENT OF THE CASE

¶ 3 Ellsworth leased an apartment from Christensen for the term of May 20, 1998 to July 31, 1999. Ellsworth failed to make a rental payment due on July 2, 1998. On Friday, July 3, 1998,¹ Christensen served Ellsworth with a notice to pay the rent or vacate the premises within four days (before Wednesday, July 8). The notice was posted on the apartment and sent by both certified and regular mail. Ellsworth failed to respond to the notice.

¶ 4 On Wednesday, July 8, 1998, Christensen served Ellsworth with a summons and complaint for unlawful detainer. Because Ellsworth did not respond or appear, the court entered an order of default and writ of restitution.

¶ 5 Six years later, Christensen sought a default judgment based upon the earlier order of default. Ellsworth filed a motion to vacate the order of default pursuant to CR 60(b)(5). Ellsworth argues that the unlawful detainer action was prematurely commenced and, consequently, the court lacked subject matter jurisdiction. The trial court agreed that it lacked subject matter jurisdiction over the unlawful detainer action because Christensen failed to give sufficient notice under RCW 59.12.030(3) and dismissed the case with prejudice. The Court of Appeals affirmed. Christensen v. Ellsworth, 134 Wash. App. 295, 139 P.3d 379 (2006). We granted review. Christensen v. Ellsworth, 160 Wash.2d 1010, 161 P.3d 1026 (2007).

II. ISSUE

¶ 6 Does the time computation rule of CR 6(a), which calculates time periods of less than seven days by excluding weekends and holidays, apply to RCW 59.12.030(3) (three day notice period preceding the filing of an unlawful detainer action)?

III. ANALYSIS

¶ 7 Whether the unlawful detainer notice requirement is calculated in accordance with the timing provisions of the civil rules is a matter of statutory interpretation to be reviewed de novo. See Troxell v. Rainier Pub. Sch. Dist. No. 307, 154 Wash.2d 345, 350, 111 P.3d 1173 (2005).

¶ 8 Under the Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW, if a tenant breaches a rental agreement by failing to make timely rental payments, a landlord may commence an unlawful detainer action. RCW 59.18.130, .180(1). An unlawful detainer action is a statutorily created proceeding that provides an expedited method of resolving the right to possession of property. MacRae v. Way, 64 Wash.2d 544, 546, 392 P.2d 827 (1964). The term "unlawful detainer" is statutorily defined.

A tenant of real property for a term less than life is guilty of unlawful detainer . . . .

. . . .

(3) When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) in behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service thereof. The notice may be served at any time after the rent becomes due.

RCW 59.12.030. The purpose of the notice is to provide the tenant with "at least one opportunity to correct a breach before forfeiture of a lease under the accelerated restitution provisions of RCW 59.12." Hous. Auth. v. Terry, 114 Wash.2d 558, 569, 789 P.2d 745 (1990) (footnote omitted).

¶ 9 A notice to pay or vacate must be served in accordance with RCW 59.12.040. RCW 59.12.030(3). If the tenant (or a person of suitable age and discretion) is unavailable for personal service, service may be effectuated by "affixing a copy of the notice in a conspicuous place on the premises unlawfully held" and sending an additional "copy through the mail addressed to the tenant, or unlawful occupant, at the place where the premises unlawfully held are situated." RCW 59.12.040(3). Service by mail adds an additional day to the notice requirement; thus, a tenant is guilty of unlawful detainer four days after the notice is properly posted and mailed. See RCW 59.12.040, .030(3). Once a tenant is guilty of unlawful detainer under RCW 59.12.030(3), a landlord may commence an unlawful detainer action by service and filing of the statutory summons and complaint. See former RCW 59.12.070 (1927), amended by Laws of 2005, ch. 130, § 1; RCW 59.12.080.

¶ 10 Proper statutory notice under RCW 59.12.030 is a "`jurisdictional condition precedent'" to the commencement of an unlawful detainer action. Hous. Auth., 114 Wash.2d at 564-65, 789 P.2d 745 (quoting Sowers v. Lewis, 49 Wash.2d 891, 894, 307 P.2d 1064 (1957)). Strict compliance is required for time and manner requirements in unlawful detainer actions. Smith v. Seattle Camp No. 69, 57 Wash. 556, 557, 107 P. 372 (1910); Truly v. Heuft, 138 Wash.App. 913, 920-21, 158 P.3d 1276 (2007); Cmty. Invs., Ltd. v. Safeway Stores, Inc., 36 Wash.App. 34, 37, 671 P.2d 289 (1983). Thus, any noncompliance with the statutory method of process precludes the superior court from exercising subject matter jurisdiction over the unlawful detainer proceeding. Hous. Auth., 114 Wash.2d at 560, 789 P.2d 745.

¶ 11 Whether the time computation rules of CR 6(a) apply to RCW 59.12.030(3) depends on the interplay of several statutes (RCW 59.12.030, .180), rules (CR 1, 6, 81), and case law. Christensen propounds a number of arguments why the civil rules should not apply to an unlawful detainer notice. We will address them as we look at the plain meaning of RCW 59.12.030 and .180, analyze the text of CR 1 and 81 as to the scope of the civil rules, and review the scope of CR 6. As a general matter, time calculation rules should be applied in a clear, predictable manner. "It is a well-accepted premise that `[l]itigants and potential litigants are entitled to know that a matter as basic as time computation will be carried out in an easy, clear, and consistent manner, thereby eliminating traps for the unwary who seek to assert or defend their rights.'" Stikes Woods Neighborhood Ass'n v. City of Lacey, 124 Wash.2d 459, 463, 880 P.2d 25 (1994) (alteration in original) (quoting McMillon v. Budget Plan of Va., 510 F.Supp. 17, 19 (E.D.Va.1980)).

¶ 12 A court's objective in construing a statute is to determine the legislature's intent. Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash.2d 1, 9, 43 P.3d 4 (2002). "[I]f the statute's meaning is plain on its face, then the court must give effect to that plain meaning as an expression of legislative intent." Id. at 9-10, 43 P.3d 4. Plain meaning is discerned from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole. Id. at 9-12, 43 P.3d 4. An undefined statutory term should be given its usual and ordinary meaning. Burton v. Lehman, 153 Wash.2d 416, 422-23, 103 P.3d 1230 (2005). Statutory provisions and rules should be harmonized whenever possible. Emwright v. King County, 96 Wash.2d 538, 543, 637 P.2d 656 (1981). If the statutory language is susceptible to more than one reasonable interpretation, then a court may resort to statutory construction, legislative history, and relevant case law for assistance in discerning legislative intent. Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 808, 16 P.3d 583 (2001).

¶ 13 The three day notice provision explicitly requires a three "day" waiting period. RCW 59.12.030(3). The statute does not specify whether "day" means a business day, court day, or calendar day. There are no time calculation provisions in chapter 59.12 RCW. The ordinary meaning of "day" is a 24 hour period beginning at midnight. See WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 578 (2002) (defining "day" as a "CIVIL DAY [] among most modern nations: the mean solar day of 24 hours beginning at mean midnight"); id. at 316 (defining "calendar day" as "a civil day: the time from midnight to midnight"); see also 74 AM. JUR.2D Time § 10 (2001) ("[a] `day' generally means a calendar day"). Using the ordinary meaning of day, weekends and holidays would be included in the calculation of the three day notice period.

¶ 14 Ellsworth argues that RCW 59.12.180 explicitly adopts the civil rules time calculation provisions.² The civil rules apply to the proceedings mentioned in chapter 59.12 RCW. RCW 59.12.180. A "proceeding" is "[t]he regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment." BLACK'S LAW DICTIONARY 1241 (8th ed.2004). The three day notice is an element of the definition of unlawful detainer. See RCW 59.12.030(3). It is not a proceeding and, as such, the civil rules are not explicitly adopted by chapter 59.12 RCW with respect to RCW 59.12.030(3).

¶ 15 Furthermore, the civil rules do not apply to the three day notice. The civil rules are based upon the court's ...