57207-9•* A.B., J.L., Et Al., Appellants V. Kiwanis International, Et Al., Respondents
* A.B., J.L., Et Al., Appellants V. Kiwanis International, Et Al., Respondents
57207-9WashctappFeb 11, 2025
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NOTICE: SLIP OPINION (not the court’s final written decision) The opinion that begins on the next page is a slip opinion. Slip opinions are the written opinions that are originally filed by the court. A slip opinion is not necessarily the court’s final written decision. Slip opinions can be changed by subsequent court orders. For example, a court may issue an order making substantive changes to a slip opinion or publishing for precedential purposes a previously “unpublished” opinion. Additionally, nonsubstantive edits (for style, grammar, citation, format, punctuation, etc.) are made before the opinions that have precedential value are published in the official reports of court decisions: the Washington Reports 2d and the Washington Appellate Reports. An opinion in the official reports replaces the slip opinion as the official opinion of the court. The slip opinion that begins on the next page is for a published opinion, and it has since been revised for publication in the printed official reports. The official text of the court’s opinion is found in the advance sheets and the bound volumes of the official reports. Also, an electronic version (intended to mirror the language found in the official reports) of the revised opinion can be found, free of charge, at this website: https://www.lexisnexis.com/clients/wareports. For more information about precedential (published) opinions, nonprecedential (unpublished) opinions, slip opinions, and the official reports, see https://www.courts.wa.gov/opinions and the information that is linked there.
IN IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II C.C., an individual, Appellants, A.B., an individual; D.E.F., an individual; M.R., an individual; J.L., an individual; B.F., as guardian for K.F., an individual; C.B., an individual; A.M., an individual, Plaintiffs, v. KIWANIS INTERNATIONAL, a non-profit entity; KIWANIS PACIFIC NORTHWEST DISTRICT, a non-profit entity; KIWANIS OF TUMWATER, a non-profit corporation; KIWANIS OF CENTRALIA-CHEHALIS, a non-profit entity; KIWANIS OF UNIVERSITY PLACE, a non-profit entity; KIWANIS VOCATIONAL HOME, a nonprofit entity; LEWIS COUNTY YOUTH ENTERPRISES, INC. d/b/a Kiwanis Vocational Homes for Youth, a non-profit corporation; BARBARA THOMPSON as Personal Representative for the ESTATE CHARLES MCCARTHY; EDWARD J. HOPKINS, an individual; UNITED WAY OF PIERCE COUNTY, d/b/a CHILDREN’S INDUSTRIAL HOME and/or COFFEE CREEK CENTER; COFFEE CREEK CENTER, a non- profit entity; CHILDREN’S INDUSTRIAL HOME d/b/a COFFEE CREEK CENTER, non- profit entity; MENTOR HOUSE, d/b/a CHILDREN’S INDUSTRIAL HOME and/or COFFEE CREEK CENTER, a nonprofit entity; STATE OF WASHINGTON; STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, DEPARTMENT CHILDREN, YOUTH AND FAMILY SERVICES, CHILD PROTECTIVE SERVICES, governmental entities, Respondents. No. 57207-9-II ORDER GRANTING MOTION TO PUBLISH AND PUBLISHING OPINION IN PART Filed Washington State Court of Appeals Division Two February 11, 2025 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 57207-9-II 2 Appellant filed a motion to publish the opinion filed in the above entitled matter on September 4, 2024 pursuant to RAP 12.3(e). After consideration, the court grants the motion. It is now ORDERED that the caption title (UNPUBLISHED OPINION) be replaced with PART- PUBLISHED OPINION. It is further ORDERED that the following language be deleted on page 3: We hold that (1) RCW 23B.14.340 is a statute of repose but that it provides a personal defense that does not bar vicarious liability claims against the Kiwanis Defendants on procedural grounds, (2) there is a genuine issue of material fact regarding whether an actual agency relationship between KVH and Kiwanis International existed, (3) there is a genuine issue of material fact regarding whether an apparent agency relationship between KVH, Kiwanis International, and the local clubs existed, and (4) CC’s alter ego argument is not properly before us. We affirm the grant of summary judgment as to Kiwanis Pacific Northwest District (KPNW). But we reverse the trial court’s summary judgment order as to Kiwanis International and the local clubs and remand the matter for the trial court to conduct further proceedings consistent with this opinion. It is further ORDERED that the following language be inserted on page 3 above the FACTS section: We hold in the published portion that (1) RCW 23B.14.340 is a statute of repose but that it provides a personal defense that does not bar vicarious liability claims against the Kiwanis Defendants on procedural grounds, and in the unpublished portion that (2) there is a genuine issue of material fact regarding whether an actual agency relationship between KVH and For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 57207-9-II 3 Kiwanis International existed, (3) there is a genuine issue of material fact regarding whether an apparent agency relationship between KVH, Kiwanis International, and the local clubs existed, and (4) CC’s alter ego argument is not properly before us. We affirm the grant of summary judgment as to Kiwanis Pacific Northwest District (KPNW). But we reverse the trial court’s summary judgment order as to Kiwanis International and the local clubs and remand the matter for the trial court to conduct further proceedings consistent with this opinion. It is further ORDERED that the following language be inserted on page 24 following the third full paragraph and before section III (There Is A Genuine Issue of Material Fact as to Whether the Kiwanis Defendants Had an Agency Relationship with KVH): CONCLUSION In conclusion, we hold that RCW 23B.14.340 is a statute of repose but that it does not bar claims against the Kiwanis Defendants as a matter of law. A majority of the panel having determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record in accordance with RCW 2.06.040, it is so ordered. UNPUBLISHED PORTION It is further ORDERED that the following language be deleted on page 40-41: CONCLUSION In conclusion, we hold that RCW 23B.14.340 is a statute of repose but that it does not bar claims against the Kiwanis Defendants as a matter of law. We further hold that there is a genuine issue of material fact regarding whether an actual or apparent agency relationship between KVH and Kiwanis International existed, and whether an apparent agency relationship between KVH For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 57207-9-II 4 and the local clubs existed. We also hold that CC’s alter ego argument is not properly before us. Accordingly, we affirm the grant of summary judgment as to KPNW. But we reverse the trial court’s summary judgment order as to Kiwanis International and the local clubs and remand the matter for the trial court to conduct further proceedings consistent with this opinion. A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered. It is further ORDERED that the following language be inserted at page 40: CONCLUSION In conclusion, we further hold that there is a genuine issue of material fact regarding whether an actual or apparent agency relationship between KVH and Kiwanis International existed, and whether an apparent agency relationship between KVH and the local clubs existed. We also hold that CC’s alter ego argument is not properly before us. Accordingly, we affirm the grant of summary judgment as to KPNW. But we reverse the trial court’s summary judgment order as to Kiwanis International and the local clubs and remand the matter for the trial court to conduct further proceedings consistent with this opinion. It is further ORDERED that the opinion will now be published in part. PANEL: Jj. Glasgow, Veljacic, Che FOR THE COURT: PRESIDING JUDGE For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
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