S-0274.1 _______________________________________________
SENATE BILL 6130
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Kline, Constantine, Fairley, Prentice and Fraser
Read first time 02/27/2001. Referred to Committee on Judiciary.
AN ACT Relating to treble damages in civil actions; and amending RCW 19.86.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 19.86.090 and 1987 c 202 s 187 are each amended to read as follows:
Any person who is
injured in his or her business or property by a violation of RCW 19.86.020,
19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because
he or she refuses to accede to a proposal for an arrangement which, if
consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or
19.86.060, may bring a civil action in the superior court to enjoin further
violations, to recover the actual damages sustained by him or her, or both,
together with the costs of the suit, including a reasonable attorney's fee((,
and the court may in its discretion, increase the award of damages to an amount
not to exceed three times the actual damages sustained: PROVIDED, That such
increased damage award for violation of RCW 19.86.020 may not exceed ten
thousand dollars:)). PROVIDED ((FURTHER)), That such person
may bring a civil action in the district court to recover his or her actual
damages, except for damages which exceed the amount specified in RCW 3.66.020,
and the costs of the suit, including reasonable attorney's fees. The district
court may, in its discretion, increase the award of damages to an amount not
more than three times the actual damages sustained, but such increased damage
award shall not exceed the amount specified in RCW 3.66.020. If the action
is brought in superior court, the court may also award treble damages over and
above actual damages awarded, provided that the treble damages do not exceed
the treble damages that could have been awarded if the matter had been brought
in district court. For the purpose of this section "person"
shall include the counties, municipalities, and all political subdivisions of
this state.
Whenever the state of Washington is injured by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court or district court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.
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