Yuan V. Chow

Paul Yuan sued Ron Chow on a promissory note signed by Chow. Jesse Tam was joined as a third party defendant, and Yuan then made claim directly against Tam, alleging that Chow had signed the note on behalf of Tam. The trial court granted summary Judgement in favor of Tam, ruling that the action was barred by the three-year statute of limitations governing oral agreements. The court also awarded Tam attorney's fees. We reversed on the authority of Barnes v. McLendon, 128 Wn.2d 563, 910 P.2d 469 (1996). Both parties have asked us to reconsider and address an issue not argued to the trial court: Should the 1993 amendment to RCW 62A.3-401 be retroactively applied? Because the parties agree that this purely legal question will resolve the case, we now address it and hold that the 1993 amendment is not retroactive. Accordingly, Yuan's action against Tam should be dismissed. But we affirm the award of attorney's fees.