Spokane County v. Specialty Auto & Truck Painting, Inc.

Washington court rule CR 41, like its federal counterpart, Fed. R. Civ. R 41, requires dismissal with prejudice, even of a voluntary nonsuit, “when obtained by a plaintiff who has once dismissed an action based on or including the same claim.” CR 41(a)(4). The county of Spokane (County) filed two suits, voluntarily dismissed both of them, and then filed a third — all for the same claims against the same defendants. The trial judge refused to dismiss the third suit despite the mandatory language of CR 41 because he concluded that application of CR 41 in these circumstances would not further…