IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE LEVI A. LAKE, Appellant,

PREMIER FINANCIAL SERVICES, INC., Respondent. No. 73023-1-1

UNPUBLISHED OPINION

FILED: November 9, 2015 

### Schindler, J. — Levi A. Lake appeals the order dismissing his quiet title action. 

### Because Lake did not comply withthe statutory requirements for service by publication under RCW 4.28.100, we affirm the dismissal ofthe quiet title action against Premier Financial Services Inc. (Premier). 

### On August 19, 2014, Lakefiled a quiet title action against Premier. Lake published the summons in The Daily Journal ofCommercefor six consecutive weeks. On October 27, Lake filed a motion for entry of a defaultjudgment. A superior court commissioner entered an order dismissing the case with prejudice because Lake did 

### not properlyserve "all the parties in interest." The superior court denied the motion to
revise. The order states: 

### Plaintiffserved Defendant via publication with no order authorizing such manner of service. As such, the lawsuit must be dismissed.No. 73023-1-1/2 

### Moreover, ifPremier Financial Services has assigned the note and deed oftrust to other parties, those parties must be served. The court affirms the Commissioner's ruling and adopts his 

### findings.W 

### Lakeappeals. In ruling on a motion forrevision, the superior court reviews the decision ofthe commissioner de novo based upon the evidence and issues previously 

### presented. State v. Ramer, 151 Wn.2d 106, 113, 86 P.3d 132 (2004) (citing In re Marriage of Moody, 137 Wn.2d 979, 993, 976 P.2d 1240 (1999)). However, where the 

### superior court makes a decision on revision, the appeal is from the superior court decision, not the commissioner's decision. Ramer, 151 Wn.2d at 113. Whether a 

### plaintiffhas satisfied the requirements for service bypublication under RCW4.28.100 is a question of law we review de novo. Rodriguez v. James-Jackson, 127 Wn. App. 139, 144, 111 P.3d271 (2005). 

### RCW4.28.100 authorizes service by publication. Because service by publication 

### is "in derogation of the common law," a party must strictlycomplywith the statute authorizing service by publication. Dobbins v. Mendoza, 88 Wn. App. 862, 871, 947 P.2d 1229 (1997). RCW4.28.100 authorizes service by publication when "the defendant cannot be found within the state" and "upon the filing of an affidavit ofthe 

### plaintiff. . . with the clerk of the court." RCW4.28.100 states, inpertinent part: Service ofsummons by publication—When authorized. When the defendant cannot be found within the state, and upon the filing of an 

### affidavit of the plaintiff... with the clerk of the court, stating that he or she believes that the defendant is not a resident ofthe state, or cannot be found therein, and that he or she has deposited a copy ofthe summons
1As noted in the order, the record indicates Premier assigned the deed of trust to a third party, and as ofJune 26, 2014, Nationstar Mortgage LLC was the "servicer and holder of the promissory note or otherobligation secured bythe deed oftrust" for Lake'sproperty. Notice must be reasonably calculated, under all circumstances, to apprise all interested parties of the action and afford them the opportunity to present theirobjections. Mullane v. Cent. Hanover Bank&Trust Co.. 339U.S. 306, 314, 70 S. Ct. 652, 657, 94 L Ed. 865(1950).No. 73023-1-1/3 

### . . . and complaint in the post office, directed to the defendant at his or her place ofresidence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence ofone ofthe cases hereinafter specified, the service may be made by publication ofthe 

### summons, by the plaintiffor his or her attorney.121 The record establishes Lake did not file an affidavit with the clerk ofthe court as 

### required by RCW4.28.100. Afterfiling the appeal on January 30, 2015, Lake sent a letter to this court and attached a "Motion and Declaration for Service of Summons by 

### Publication" and an unsigned "Order for Service ofSummons by Publication." But the record reflects Lake did not the file the Motion and Declaration for Service of Summons 

### byPublication with the clerk of the superior court.3 There is no King County Superior Court clerk date or file stamp affixed. 

### Because Lake did not strictly comply withthe requirements for service by 

### publication under RCW4.28.100, we affirm the dismissal of the quiet title action against
Premier.

WE CONCUR: 

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2Boldface in original. 3We also note the declaration does not comply with the requirements of RCW 4.28.100.