2 This finding of fact is set out in the trial court's conclusions of law. But we review a
finding of fact erroneously labeled as a conclusion of law as a finding of fact. Scott's Excavating
Vancouver, LLC v. Winlock Properties, LLC, 176 Wn. App. 335, 342, 308 P.3d 791 (2013)(citing
Willener v. Sweetinci, 107 Wn.2d 388, 394, 730 P.2d 45(1986)).
11
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No. 74825-4-1/12
(citing Western Telepage, Inc. v. City of Tacoma Dep't of Fin., 140 Wn.2d 599,
998 P.2d 884 (2000)).
CR 68 is a means by which litigating parties may settle and have judgment
entered on a pending claim.
At any time more than 10 days before the trial begins, a party
defending against a claim may serve upon the adverse party
an offer to allow judgment to be taken against the defending
party for the money or property or to the effect specified in the
defending party's offer, with costs then accrued. If within 10
days after the service of the offer the adverse party serves
written notice that the offer is accepted, either party may then
file the offer and notice of acceptance together with proof of
service thereof and thereupon the court shall enter judgment.
CR 68. "If the judgment finally obtained by the offeree is not more favorable than
the offer, the offeree must pay the costs incurred after the making of the offer."
Id. This provides a tactical advantage intended to encourage settlement.
The civil rules "govern the procedure in the superior court in all suits of a
civil nature" except "where inconsistent with rules or statutes applicable to special
proceedings. . . ." CR 1; CR 81(a). An action under the PRA is not a special
proceeding. Spokane Research & Def. Fund v. City of Spokane, 155 Wn.2d 89,