[WSBARP] Adequate UD Service????

Mon Jan 22 16:22:23 PST 2018

Danielle, under RCW 59.12.040, there is no mailing requirement if there is personal service.  There are several WA cases that apply RCW 4.28.080 standard to RCW 59.12.040.  RCW 59.12.040 says service may be “by delivering a copy personally to the person entitled thereto”..  And RCW 4.28.080(15) says service “to the defendant personally.”

Any litigators have any thoughts?  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.

[Paul A  Neumiller]

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Friday, January 19, 2018 2:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adequate UD Service????

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,

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