James Darling, et al v. Gregory D. Jeffereys, et al (Majority)
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FILED OCTOBER 4, 2016 In the Office of the Clerk of Court WA State Court of Appeals, Division Ill IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE JAMES DARLING an individual, Appellant, LAWRENCE BROWN a married individual and, BRIAN MAIN a married individual and as members of RED TOWER, LLC, a limited liability company, Plaintiffs, v. GREGORY D. JEFFEREYS, and KIMBERLY JEFFEREYS, a married couple, POACHER'S ROCK, LLC, a limited liability company, GRANT PERSON and JAN DOE PERSON, a married couple, SCOTT PERSON, an individual, SONRISE LAND, LLC, a limited liability company, and NAI BLACK REAL TY COMPANY, a domestic corporation, and ERIC ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 33807-0-111 UNPUBLISHED OPINION No. 33807-0-III Darling v. Jeffereys SATCHJEN, an individual and WORK.LAND WITHERSPOON a domestic corporation, Defendants, AUBLE & ASSOCIATES, INC., a domestic corporation, SCOT D. AUBLE and JANE DOE AUBLE, a married couple, Respondents. PENNELL, J. - ) ) ) ) ) ) ) ) ) ) ) ) James Darling appeals a summary judgment order dismissing his claims against Auble & Associates, Inc. for alleged improper property appraisals. Because Mr. Darling filed suit outside the time permitted by the statute of limitations, we affirm. BACKGROUND Mr. Darling's suit stems from two financially devastating property transactions involving the former Ridpath Hotel in Spokane, Washington. Scot Auble of Auble & Associates, Inc., (collectively "Auble") provided the appraisals for each transaction. Mr. Darling did not retain Auble for the appraisals and was not privy to the appraisal contracts. Instead, the appraisals were arranged by Mr. Darling's banks. Mr. Darling did not see the appraisals prior to closing the two Ridpath transactions in 2008. However, he later obtained copies of the appraisal reports-one in 2008 and the other in 2010. 2 No. 33807-0-III Darling v. Jeffereys Mr. Darling filed suit against Auble 1 in 2014 alleging negligent misrepresentation, negligence, fraud, civil conspiracy, outrage, and violation of the Consumer Protection Act, chapter 19.86 RCW (CPA). On motion from Auble, the trial court dismissed Mr. Darling's CPA claim for lack of public impact. The court also dismissed the remaining causes of action as time barred. Mr. Darling appeals the dismissal of all but his CPA claim. ANALYSIS Mr. Darling's complaint against Auble is governed by a three-year statute of limitations. RCW 4.16.080. At the very latest, the limitations period began to run in 2010 when Mr. Darling received the second of Auble's appraisals. At that point, Mr. Darling had all the information necessary to connect Auble to his financial losses and file suit. Yet Mr. Darling waited approximately four years. This was untimely. While Mr. Darling may not have appreciated the alleged deficiencies with Auble's appraisals until after consulting with an expert, this type of ignorance does not excuse inaction. Green v. APC, 136 Wn.2d 87, 96, 960 P.2d 912 (1998); Allen v. State, 118 Wn.2d 753, 758, 826 P.2d 200 (1992). 1 While Mr. Darling filed claims against multiple entities, only those claims against Auble are involved in this appeal. 3 No. 33807-0-111 Darling v. Jeffereys CONCLUSION The trial court's order of dismissal is affirmed. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040. Pennell, J. WE CONCUR: 4
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