Nearing v. Golden State Foods Corp.

— I dissent. The majority claims that " [o]n January 16, 1986, within the 90 days mandated by RCW 4.16-.170, the plaintiff filed both a summons and complaint." Majority, at 822. This is not true. The record does not support the finding that any summons was filed within 90 days of service of the October 18, 1985, summons.

Because no summons was filed within 90 days of service of the October 18, 1985, summons, the action was not commenced and the statute of limitations was not tolled on October 18, 1985.

Nearing did not validly commence his action until January 16, 1986, when he filed his…