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Rodriguez v. James-Jackson4/25/2005
The requirements of the statute governing service of process by publication or mail are twofold: (1) following reasonably diligent efforts to personally serve the defendant by exhausting all information readily available, the defendant cannot be found in the state; and (2) facts must be provided supporting an inference that the defendant concealed himself or herself within the state or left the state with the intent to avoid the service of a summons. Here, the plaintiff fails to meet both requirements. The trial court's order dismissing the case is affirmed.
FACTS
On March 11, 1998, Angela James-Jackson pulled from a parking lot into traffic and collided with Cornelio Rodriguez. At the scene, James-Jackson and Rodriguez exchanged driver's license numbers, addresses, and insurance information. The exchanged information was listed on a Port of Seattle Police Department Accident Exchange Form provided to each driver. James-Jackson reported the collision to her insurance company. At the time of the collision, James-Jackson lived with her husband at 11912 S. E. 175th Street, Apartment G-103, in Renton. A couple of months later, James-Jackson and her husband moved to Texas where her husband accepted a teaching job . James-Jackson filed a change of address form with the post office. She also informed her insurance company of her change of address. The company continues to provide insurance coverage to her.
Two and a half years later, counsel for Rodriguez filed a personal injury complaint against James-Jackson and her marital community. Attempts at personal service were unsuccessful. On February 7, 2001, counsel for Rodriguez filed a motion and declaration to serve James-Jackson by mail alleging that she could not be found within the state and that she concealed herself to avoid service. The declaration indicated that attempts had been made to serve James-Jackson and that the address given by her at the accident scene was not a true and correct address or was incomplete. The form declaration used by Rodriguez failed to attach supporting evidence regarding the attempted service or what additional efforts were made to serve or find James-Jackson other than general statements of looking on the Internet in Alaska and Washington. The declaration listed the last-known address as 11912 S.E. 175th, Renton, Washington 98058. An order to serve by mail was granted.
A little more than a month later, on March 11, 2001, the applicable statute of limitations expired. On May 3, 2001, an attorney for the firm representing Rodriguez, filed a declaration of service stating that on February 16, 2001, he sent two letters to James-Jackson, one registered with a return receipt requested, and the other by regular mail. However, because the post office does not continue to forward letters beyond a one-year period, the documents were returned to counsel and not forwarded to James-Jackson.
On May 25, 2001, the trial court signed an order of default against James-Jackson, but no judgment was taken. Approximately one year later the county clerk's office requested an order of dismissal for lack of prosecution, and on May 1, 2002, the order was granted. Counsel for Rodriguez later filed a motion to vacate the dismissal and on July 31, 2002, the trial court vacated the dismissal and reinstated the order of default.
Later, on July 15, 2003, after discovering there was an outstanding judgment against her, James-Jackson filed a notice of appearance and an answer with affirmative defenses. The affirmative defenses included assertions of insufficient service of process, lack of personal jurisdiction, and failure to commence the action within the time required by the applicab
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