S-3526               _______________________________________________

                                                   SENATE BILL NO. 6402

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Pullen, Moore, Bluechel, Newhouse, Bauer, DeJarnatt and Hansen

Read first time 1/20/88 and referred to Committee on Law & Justice.

AN ACT Relating to venue in district court civil actions; and amending RCW 3.66.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 115, chapter 299, Laws of 1961 as amended by section 42, chapter 258, Laws of 1984 and RCW 3.66.040 are each amended to read as follows:

          (1) An action arising under RCW 3.66.020 (1), (2) except for the recovery of possession of personal property, (4), (6), (7), and (9) may be brought in any district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed or in which the defendant, or if there be more than one defendant, where some one of the defendants may be served with the notice and complaint in which latter case, however, the district where the defendant or defendants is or are served must be within the county in which the said defendant or defendants reside.  If the residence of the defendant cannot be ascertained by reasonable efforts, the action may be brought in the district in which the defendant's place of employment is located.

          (2) An action arising under RCW 3.66.020(2) for the recovery of possession of personal property and RCW 3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated.

          (3) An action arising under RCW 3.66.020 (3) and (5) shall be brought in the district in which the cause of action, or some part thereof arose.

          (4) An action arising under RCW 3.66.020(2) for the recovery of damages for injuries to the person or for injury to personal property arising from a motor vehicle accident may be brought, at the plaintiff's option, either in the district in which the cause of action, or some part thereof, arose, or in the district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed.

          (5) An action against a nonresident of this state may be brought in any district where service of process may be had, or in which the cause of action or some part thereof arose, or in which the plaintiff or one of them resides.

          (6) For the purposes of chapters 3.30 through 3.74 RCW, the residence of a corporation defendant shall be deemed to be in any district where the corporation transacts business or has an office for the transaction of business or transacted business at the time the cause of action arose or where any person resides upon whom process may be served upon the corporation, unless herein otherwise provided.