Cyrus Y. Kim v. Best Buy And City Of Federal Way
75960-4
Wash. Ct. App.Oct 2, 2017Background
- On March 24, 2015 Cyrus Y. Kim entered a Best Buy to serve legal papers and was forcibly removed by employees; Federal Way police later gave Kim a one‑year notice of trespass.
- Kim sued the City of Federal Way for emotional distress and sought $2,000,000 in damages, asserting state‑law and 42 U.S.C. § 1983 claims.
- Federal Way moved for judgment on the pleadings under CR 12(c); the trial court granted dismissal of all claims.
- The trial court concluded Kim failed to file the statutory notice of claim required by RCW 4.96.010 before suing the city.
- The court also concluded Kim’s § 1983 claims failed because the complaint did not allege an actual or imminent statutory or constitutional deprivation caused by the officers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RCW 4.96.010 notice‑of‑claim requirement applies, barring suit against the city | Kim: Lake Country Estates means sovereign immunity defense cannot apply to cities, so statute inapplicable | City: RCW 4.96.010 applies to local governments and requires pre‑suit claim; failure mandates dismissal | RCW 4.96.010 applies to local government entities; dismissal for noncompliance is proper |
| Whether Kim stated a viable § 1983 claim based on trespass notice and asserted statutory right to enter property | Kim: RCW 9A.52.090(4) creates a right to enter to serve process; trespass notice and officers’ conduct violated constitutional rights | City: The notice merely warned of future trespass consequences; no arrest, prosecution, or present infringement of a statutory or constitutional right was alleged | Complaint fails to allege interference with service, present or imminent prosecution, or any identified constitutional right; § 1983 claims properly dismissed |
Key Cases Cited
- Pasado's Safe Haven v. State, 162 Wn. App. 746, 259 P.3d 280 (2011) (standard for reviewing judgment on the pleadings)
- Renner v. City of Marysville, 168 Wn.2d 540, 230 P.3d 569 (2010) (recognizes notice‑of‑claim requirement and local government liability framework)
- Lake Country Estates, Inc. v. Tahoe Reg'l Planning Agency, 440 U.S. 391 (1979) (interstate compact agency cannot claim state sovereign immunity)
- Wright v. Terrell, 162 Wn.2d 192, 170 P.3d 570 (2007) (Washington notice‑of‑claim statutes do not apply to federal § 1983 claims)
- Pirtle v. Spokane Pub. Sch. Dist. No. 81, 83 Wn. App. 304, 921 P.2d 1084 (1996) (affirming dismissal for failure to adhere to notice‑of‑claim procedures)