Olivia Mora v. Green River College
75324-0
| Wash. Ct. App. | Jun 12, 2017Background
- Mora attended Green River College in 2007 and was advised to withdraw from an aviation course due to poor performance; Mora felt humiliated by the advice.
- Mora filed a federal civil rights complaint in December 2012; the court dismissed for statute of limitations, service, and failure to state a claim.
- Mora filed a state court complaint in January 2016 asserting Rehabilitation Act, ADA, WLAD claims, and later added negligent infliction of emotional distress.
- GRC moved to dismiss asserting statute of limitations, res judicata, and improper service; the trial court dismissed on statute and res judicata grounds.
- The appellate court held Mora’s claims are time-barred by a three-year limitations period and did not need to reach res judicata; notation of a minor scrivener’s error did not affect fairness.
- The court affirmed dismissal and noted the lack of tolling facts and that amended relation back could not cure untimeliness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mora’s claims are time-barred by the statute of limitations | Mora argues tolling or relation back could save claims | GRC asserts three-year limitations for each claim; Mora filed in 2016 | Yes, time-barred |
| Whether res judicata bars Mora’s claims | Mora contends not resolved on prior merits | GRC argues prior dismissal precludes current claims | Not necessary to decide; resolved in favor of time-barment |
| Whether CR 11/frivolousness findings and fee award were appropriate | Mora challenges frivolousness finding | GRC sought fees due to frivolous suit | Not reached due to dismissal on statute of limitations |
| Whether the oral ruling vs written order affected judgment | Mora argues oral ruling binding | Oral opinion must be in writing to be binding | Oral ruling not binding absent incorporation into judgment |
| Whether a scrivener’s date error affected fairness | Date discrepancy concerned Mora | Date error immaterial; order signed May 6, 2016 | Error immaterial to fairness |
Key Cases Cited
- Pickern v. Holiday Quality Foods Inc., 293 F.3d 1133 (9th Cir. 2002) (applies analogous state-law limitations for federal claims)
- Antonius v. King County, 153 Wn.2d 256 (Wash. 2004) (three-year WLAD limitations; analogs for ADA/ Rehabilitation Act)
- Cox v. Oasis Physical Therapy, PLLC, 153 Wn. App. 176 (Wash. App. 2009) (three-year limit for negligence claims)
- Reid v. Pierce County, 136 Wn.2d 195 (Wash. 1998) (pleading and inference standard in de novo review)
- Cutler v. Phillips Petrol. Co., 124 Wn.2d 749 (Wash. 1994) (CR 12(b)(6) dismissal standard; reasonable doubt standard)
- State v. Collins, 112 Wn.2d 303 (Wash. 1989) (oral ruling must be incorporated into findings and judgment)