Under the Washington Priority of Action Rule, how do Washington State courts determine if the relief is the same? Here’s my point of view.
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PRIORITY OF ACTION RULE
The Washington Priority of Action Rule (Rule) will only apply if the two relevant cases involve identical (1) subject matter, (2) parties, and (3) relief. Am. Mobile Homes of Wash. Inc. v. Seattle-First Nat’l Bank, 115 Wn.2d 307, 317, 796 P.2d 1276 (1990).
These factors must be established before the Rule should be applied. Id. The identity of the above elements must be such that a decision in one tribunal would bar proceedings in the other because of res judicata. State ex rel. Evergreen Freedom Foundation v. Washington Educ. Ass’n, 111 Wn.App. 586, 607, 49 P.3d 894 (Div. 2 2002).
If the Rule applies, the court which first gains jurisdiction of a cause retains the exclusive authority to deal with the action until the controversy is resolved. Am. Mobile Home, 115 Wn.2d at 316-17.
ELEMENT #3: IDENTICAL RELIEF
The Washington State Supreme Court has established the following factors to determine if “the relief is the same” for purposes of the Washington Priority of Action Rule:
(1) whether the form of relief available to each tribunal is the same (FORM OF RELIEF); and
(2) whether the first tribunal can resort to another to equalize any disparity in the amount of relief available between the first and second lawsuits (EQUALIZE DISPARITY)?
See, State ex rel. Evergreen Freedom Found., 111 Wn. App. at 607, 49 (holding that the remedy was the same in both suits, because the type of relief available to both courts was the same, and because the administrative agency could otherwise seek relief in superior court in the first case to equalize any disparity in the amount of relief available in the administrative tribunal).
EXAMPLE: EVERGREEN FREEDOM FOUND v. WASHINGTON EDUC. ASS’N
In Evergreen Freedom Found. v. Washington Educ. Ass’n, plaintiff attempted to amend its citizens lawsuit in superior court by adding claims that were contemporaneously being pursued by an administrative agency with statutory authority to preempt plaintiffs’ lawsuit; plaintiff sought, inter alia, the same form of remedy (i.e., a fine) as the administrative agency based on the same statute.
The court ruled that the relief was the same in both actions and upheld the trial court’s application of the priority of action rule, because the relief in both cases was a monetary fine pursuant to RCW 42.17.395(4), and because any disparity in the amount of relief available could be eliminated if the administrative tribunal ushered the claim to superior court.
The court then analyzed res judicata and concluded jurisdiction in the second court was improper under Washington Priority of Action Rule. State ex rel. Evergreen Freedom Found. v. Washington Educ., 111 Wn. App. 586, 49 P.3d 894 (2002).
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