§23.3 Historical Development

• Jurisdiction: Washington

§23.3HISTORICAL DEVELOPMENT

The Washington Supreme Court adopted CR 23 in its present form on May 5, 1967, effective July 1, 1967. The statutory predecessors to CR 23 date back to 1881. The class action device had its origins in equity, Fahrenwald v. Spokane Sav. Bank, 179 Wash. 61, 35 P.2d 1117 (1934), and class action cases in Washington may be traced back to at least as early as 1896, Clay v. Selah Valley Irrig. Co., 14 Wash. 543, 45 P. 141 (1896).

Early class action decisions in Washington involved such cases as bondholder suits, Clay, 14 Wash, at 543; Wm. D. Perkins & Co. v. Diking Dist. No. 3 of Island Cnty., 162 Wash. 227, 298 P. 462 (1931); suits involving associations, State ex rel. Cannery Workers & Farm Laborers Union v. Superior Court, 30 Wn.2d 697, 193P.2d362 (1948); Vashon Fruit Union v. J.W. Godwin & Co., 87 Wash. 384, 151 P. 797 (1915); quiet title actions, Lew You Ying v. Kay, 11A Wash. 83, 24P.2d596 (1933); highway or road improvement assessments, Elston v. King County, 178 Wash. 210...