68 would have a chilling effect on actions to access public records. The City
argues that CR 68 is good public policy because it promotes the settlement of
PRA disputes. In spite of concerns about a chilling effect on litigation brought in
3 The WLAD states:"Any person deeming himself or herself injured by any act in violation
of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further
violations, or to recover the actual damages sustained by the person, or both, together with the
cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by
this chapter. .. ." RCW 49.60.030(2).
14
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No. 74825-4-1/15
the public interest, courts have nevertheless applied CR 68 to other remedial
statutes such as the Consumer Protection Act, chapter 19.86 RCW,and the
WLAD. Critchlow v. Dex Media West, Inc., 192 Wn. App. 710, 368 P.3d 246, rev.
denied, 186 Wn.2d 1012(2016)(CPA); Johnson v. State, Dep't of Trans., 177
Wn. App. 684, 313 P.3d 1197(2013)(WLAD). The public policy goal of
encouraging settlement of lawsuits is equally applicable to the disputes under the
PRA.
Rufin argues that CR 68 would discourage an individual from bringing a
claim for a PRA violation that does not support a freestanding penalty because in
such a case, a plaintiff can be a prevailing party but not improve her financial
position at trial. This may be so, but CR 68 is nonetheless an appropriate tool for
resolving such violations of the PRA. It does not discourage a citizen from
bringing an enforcement action. It promotes reasonable, prompt, and proportional
resolution of PRA violations.