[WSBAPT] What is required to serve a defendant who has been dismissed from action for failure to serve (lack of jurisdiction)

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  
                                                             
June 8, 2022      
 
Listserve,
 
In a case with 2 defendants, one defendant was timely served.  Despite  
many efforts, it was not possible to serve Defendant 2.
 
Defendant 2 appeared and moved for a summary judgment order for  
dismissal of the action against them for failure of service of  
process. (Plaintiff believed D2 had been properly served.  But, the  
court found the service was not valid.  D2’s motion for SM was  
granted. Action against D2 dismissed for/ LACK OF JURISDICTION/  
/WITHOUT PREJUDICE/ .
 
After D2's dismissal, Plaintiff made 8 more unsuccessful service  
attempts.  Plaintiff then moved for order to give permission to serve  
D2 by publication or U.S. mail ( 29 attempts had been made.) .  
Plaintiff argued that address was known and valid but D2 was evading  
service . Plaintiff relied on RCW 4.28.100(2) : Service by  
Publication, CR4(d)(4), and CR5(5) and (6).    The action against  
Defendant  1 is still alive and pending.
 
D2 asked for denial of relief and argued that

1) a new action against D2 had not been filed,
2)  there was no legal authority for the relief sought, and
3) there was a defect in the service of the motion on D2. 

D2 did not cite any caselaw or statute for their position.  (There was  
actually a defect in the service of the motion on D2, but not on D1.  
D1 was the only active Defendant left in the action.)

The court denied relief on the basis that there was no legal basis for  
the motion. 
 
 
QUESTION: 
 
Is there a civil rule or statute that requires that a new complaint be  
filed ?  (again, action still alive and pending against D1)

Is there a civil rule or statute that describes the steps that must be  
taken if Plaintiff wants to continue trying to serve D2?

Other than filing a motion asking for permission to serve D2 by  
publication or mail, is there a statute or civil rule that describes  
what, if anything, must be done before filing that motion ?  In our  
case,/ 29 ATTEMPTS WERE MADE/, all evidence from process server was  
placed before the court, and on the last attempt, D2 placed a lock on  
the gate so that server could not approach the house.

Is there a civil rule or statute that says that D2 must receive notice  
of Plaintiff’s motion? (D2 has already been dismissed from the action  
without prejudice.)
 
I am really unclear on why the court denied the motion on the grounds  
that there was no legal authority for the motion.
 
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
 
 

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