[WSBARP] Venue Question

[Nick Pleasants]

Cat,
Your question is about venue for the partition action. But I would be surprised if there is caselaw to support your argument that improper venue renders a final partition order invalid. There was a time to object to venue, that time passed, and the case stayed in King County. The Superior Court clearly has jurisdiction to determine questions of Committed Intimate Relationship and division of property subject to that. Connell v. Francisco, 127 Wn.2d 339 (1995). I see your point that because no CIR was found, then the Superior Court lacks jurisdiction to divide the property located in another county. However, I would be concerned about your venue argument because you are essentially asking for a second bite at the apple.
You might read this law review article "The Effect of Improper Venue Upon Jurisdiction of the Person and Jurisdiction of the Subject Matter<https://core.ac.uk/download/pdf/159565409.pdf>", 11 Ohio St. L.J. 292. That summarizes the issue you raise, while not addressing Washington caselaw on it. But in my mind, by answering the complaint and not raising the venue issue in your answer, the venue issue was waived, and King County Superior Court therefore had jurisdiction over the real property in another county because it had personal jurisdiction over the parties and subject matter jurisdiction over the real property.
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
Sent: Thursday, January 12, 2023 10:28 AM
To: wsbarp at LISTS.WSBARPPT.COM
Subject: [WSBARP] Venue Question

All:

I'm reviewing a case for a potential appeal.  It involves a decision in King County concluding that no committed intimate relationship existed between the parties.  The King County Superior Court also entered an order of partition directing the sale of real property located in another county.  At issue was the existence of a CIR and a claim for partition of the property.  The order reads like a family law order directing the parties to list the property for sale and come to agreements relating to the sale.  No referee has been appointed to oversee the process.

Question-Is the King County order effective as to the out of county property given RCW 4.12.010(1) which provides that actions for the partition of property "shall be commenced in the county in which the subject of the action, or some part thereof, is situated."

I don't think it is but wanted to check with the hive mind.

Thanks.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>


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