[WSBARP] Adequate UD Service????

[Danielle Flatt]

Does RCW 4.28.080 apply when RCW 59.12.040 outlines how to serve a
pre-eviction notice?

I'm not sure there's "substantial compliance" under 59.12.040.  A good
defense argument could be made that substantial compliance wasn't achieved
because the mailing component wasn't satisfied.



Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *danielle at dimensionlaw.com
<danielle at dimensionlaw.com>*| www.dimensionlaw.com



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On Wed, Jan 17, 2018 at 2:06 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Listmates, is this personal service?  LL goes to the apartment but T is
> not home so the LL posts the Notice of Termination on door.  LL then walks
> around the complex for a while and then goes back and by then T has
> returned and T is standing on the front porch with the notice in his hand
> and they discuss the notice and the termination of the lease.  Can I
> bootstrap this scenario into a personal service?  Thank you in advance for
> your kindly input.
>
> PS. I have reviewed the Civ. Pro. Deskbook, RCW 4.28.080, and CR4.  The
> Deskbook says substantial compliance is "actual compliance in respect to
> the substance essential to every reasonable objective of [a] statute.... In
> the cases where substantial compliance has been found, there has been
> actual compliance with the statute, albeit procedurally faulty." Weiss v.
> Glemp, 127 Wash.2d 726, 903 P.2d 455 (1995)
>
> It seems to me that LL has substantial compliance with personal service
> because T was holding the Notice and they discussed it.  Anybody disagree?
>
>
>
>
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