Wash. Court of Appeals published opinion — D2 43636-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 43636-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
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631, 273 P. 3d t035 ( 2012) ( quoting Amunrud v. Bd. ofAppeals, 158 Wn.2d 208, 216, 143 P. 3d

571 ( 2006)). Due process does not require actual notice; rather, it requires the government to

provide "` notice reasonably calculated, under all the circumstances, to apprise interested parties

of the pendency of the action and afford them an opportunity to present their objections. "'

Speelman, 167 Wn. App. at 631 ( internal quotation marks omitted) ( quoting Jones v. Flowers,

547 U.S. 220, 226, 126 S. Ct. 1708, 164 L. Ed. 2d 415 ( 2006)).

A claimant alleging deprivation of due process must first establish a legitimate claim of

entitlement. Haberman v. Wash. Pub. Power Supply Sys., 109 Wn.2d 107, 142, 744 P. 2d 1032,

750 P. 2d 254 ( 1988). Legitimate claims of entitlement entail vested liberty or property rights.

Haberman, 109 Wn.2d at 142 ( citing In re Marriage of MacDonald, 104 Wn.2d 745, 748, 709

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No. 43636 -1 - II

P. 2d 1196 ( 1985)). A vested right must be something more than a mere expectation based upon

an anticipated continuance of the existing law; it must have become a title, legal or equitable, to

the present or future enjoyment of property, a demand, or a legal exemption from a demand by

another. Caritas Servs., Inc. v. Dep' t of Soc. & Health Servs., 123 Wn.2d 391, 414, 869 P. 2d 28

1994).

Here, Dellen did not have a legitimate claim of entitlement to the surety, which it had

provided when it defaulted and asked the Department to take over administration of Dellen' s

injured workers' claims. Our state legislature expressly provided that a self -insured employer

defaulting on its Act obligations loses all right and title to, any interest in, and any right to