Washington Supreme Court hears argument over whether Copper Creek controls Love v. West Coast Servicing

The Washington Supreme Court heard argument Tuesday in Prince Eric Love v. West Coast Servicing Inc., a dispute about whether the Court of Appeals properly applied this court’s Copper Creek decision to the statute of limitations on an installment note and whether relief may be granted under Civil Rule 60(b)(11).

Joe McIntosh, counsel for West Coast Servicing, told the court the core question is not merely whether a trial court complied with CR 60 but whether the Court of Appeals followed this court’s direction to "follow Copper Creek," a statute-of-limitations decision. McIntosh said the procedural history — multiple Court of Appeals opinions (Love 1, Love 2, Love 3) and this court’s remand instruction — makes the case uniquely appropriate for corrective direction, not simple Rule 60 review. "You need to follow the statute of limitations," McIntosh told the bench, arguing that if the Court of Appeals applies Copper Creek the outcome at the superior court would differ.

Kevin Hohalter, counsel…