Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 59088-3-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2059088-3-II%20Published%20Opinion.pdf ↗

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(2002)). “To determine legislative intent, we first look to the plain language of the statute and

consider the meaning of the provision at issue, the context of the statute, and related statutes.”

Umpqua Bank, 194 Wn. App. at 693. If legislative intent is clear from the statute’s plain language,

our inquiry ends. King County v. King County Water Dist. No. 20, 194 Wn.2d 830, 853, 453 P.3d

681 (2019). Where the legislature has used certain statutory language in one instance, but different

language in another, there is a difference in legislative intent. Id. at 855.

B. WASHINGTON RECEIVERSHIP ACT

1. Legal Principles

Under Washington’s receivership statute, chapter 7.60 RCW, when a party has a probable

right or interest in property that is in danger of being lost or materially injured, and that property

is in possession of an adverse party, courts may appoint a receiver. RCW 7.60.025(1)(a). A

receiver is an agent of the court who can “take possession of, manage, or dispose of property of a

person.” RCW 7.60.005(10). Generally, “the receiver stands in the shoes of the insolvent.” Morse

Electro Prods. Corp. v. Beneficial Indus. Loan Co., 90 Wn.2d 195, 198, 579 P.2d 1341 (1978).

There are two types of receivers: general receivers and custodial receivers. RCW 7.60.015.

Courts appoint general receivers “to take possession and control of all or substantially all of a

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No. 59088-3-II

person’s[7] property with authority to liquidate that property and, in the case of a business over

which the receiver is appointed, wind up affairs.” RCW 7.60.015; see RCW 7.60.060.

A receivership estate is “the entirety of the property with respect to which a receiver’s