Volume 44 — Washington Appellate Reports

<bold>[1] Divorce and Dissolution — Disposition of Property —</bold> <bold>Jurisdiction — Scope.</bold> Under RCW 26.09, a trial court in a marriage dissolution proceeding has no jurisdiction to determine the rights in marital property of any party other than the spouses.

<bold>[1] Contracts — Quasi Contracts — Elements.</bold> A quasi contract, <italic>i.e.,</italic> one implied in law, is not based upon any agreement between the parties but is founded upon an implied duty where something of value has been placed in the possession of one party which he should not retain without compensating the party who involuntarily caused the property to come into the other's possession. <bold>[2] Garnishment — Conversion — Application — In General.</bold> Garnishment may not be applied to a party who converted the property of another. <bold>[3] Judgment — Res Judicata — Availability of Claim — Effect.</bold> A party is prevented by the doctrine of res judicata from asserting a claim in a later action if the claim could have been asserted at the time an earlier action was prosecuted.

<bold>[1] Liens — Statutory Liens — Construction — Burden of Proof.</bold> Statutory liens are in derogation of the common law and are strictly construed with the burden of proof resting upon the party seeking to enforce the lien. <bold>[2] Liens — Materialman's Lien — Necessary Party — Necessity of</bold> <bold>Service.</bold> A materialman's lien expires under the terms of RCW 60.04.100 unless the party seeking its enforcement proves that all necessary parties, not just the party against whom the lien is filed, have been served within the statutorily designated period.<page_number>Page 463</page_number>