Segura v. Cabrera
362 P.3d 1278
Wash.2015Background
- Owners Cabrera rented a single-family home as two separate units without permit; city found the basement unit uninhabitable and ordered the tenant to vacate.
- Segura leased the basement, prepaid rent and deposits, then was displaced after the city condemnation order.
- Segura demanded return of prepaid amounts and relocation assistance under RCW 59.18.085 and sued when landlords did not comply; requested relocation payments, out-of-pocket moving costs, and $1,000 emotional distress.
- Trial court awarded statutory financial relief but denied emotional distress damages; Court of Appeals affirmed in a split decision.
- Washington Supreme Court held RCW 59.18.085 provides relocation and related pecuniary recovery but does not authorize emotional distress damages; affirmed the lower courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RCW 59.18.085 permits recovery of emotional distress ("actual damages") for displaced tenants | "Actual damages" is broad and includes noneconomic emotional distress; legislature used "any" and "in addition" language | Statute’s text and purpose limit relief to relocation and pecuniary losses; statute focuses on funds for relocation | Emotional distress damages are not recoverable under RCW 59.18.085; statute provides relocation/financial relief only |
| If "actual damages" include emotional distress, whether Segura could recover them here given the $2,000 relocation floor | Segura sought $1,200 in actual damages (including emotional distress), which should be recoverable if "actual damages" covers noneconomic harm | Even if "actual damages" includes emotional distress, recovery is limited to amounts exceeding the greater of $2,000 or three months’ rent | Concurring opinion: statute allows emotional distress as "actual damages," but Segura’s claimed $1,200 does not exceed the $2,000 relocation amount, so no additional recovery here |
Key Cases Cited
- Rasor v. Retail Credit Co., 87 Wn.2d 516 (recognizes "actual damages" can include emotional distress in appropriate statutes)
- Martini v. Boeing Co., 137 Wn.2d 357 (interprets "actual damages" under WLAD to include full compensatory damages, including emotional distress)
- White River Estates v. Hiltbruner, 134 Wn.2d 761 (statutory silence on damages: emotional distress available only if violation amounts to intentional tort)
- Wash. State Physicians Ins. Exch. & Ass'n v. Fisons Corp., 122 Wn.2d 299 (CPA "actual damages" limited to business/property harm; not emotional distress)
- Fed. Aviation Admin. v. Cooper, 566 U.S. 284 ("actual damages" meaning varies by statute; Privacy Act context limited to pecuniary harm)