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## DIVISION ONE m §1 MARK S. HAMLIN, 

## INTHECOURTOFAPPEALS OFTHESTATEOFWASHINGTON ^ S^

Respondent,

v. AVIS ROBINSON HAMLIN, Appellant. No. 73507-1-1

UNPUBLISHED OPINION

FILED: March 14, 2016 Schindler, J. — Avis Hamlin appeals the order denying her motion to vacate a 

### default judgment. Avis contends thejudgment is voidbecause the declaration in support ofservice by publication did not meet the statutory requirements. Because there is no dispute the plaintiffmade diligent efforts to personally serve Avis and the 

### declaration setforthfacts supporting the conclusion that Aviswas trying to avoid service of process, we affirm. FACTS Mark Hamlin filed a summons and a complaintfor personal injuries against his 

### mother Avis Hamlin inAugust 2012. The attorney representing Mark confirmed Avis's current home address as 3103 16th Avenue South inSeattle.1 The attorney retained

1Because the parties share the same last name, we refer to them by theirfirst names forclarity.No. 73507-1-1/2 

### ABC Legal Services (ABC) to personally serve Avis withthe summons and complaint. ABC made seven unsuccessful attempts to serve Avis. On September 10, Mark filed a motion for an order authorizing service by publication. Mark's attorney submitted a declaration in support ofthe motion and the ABC "Process Service Detail" report. The attorney states: 1. Plaintiffs counsel used two electronic databases to locate Avis Robinson Hamlin in this State: Westlaw and Address Screener. Using the information obtained from these databases, Plaintiff's counsel has attempted to personally serve Ms. Hamlin (via ABC Legal Services) at her current address. See Ex. 1. 2. ABC Legal Services advises they can tell Defendant Hamlin is inside the home, but she will not open the door. 

### 3. In light ofthe above, Plaintiff's counsel has a good faith beliefthat Defendant Hamlin is concealing herselfin the State to avoid service of process. 

### 4. Acopy ofthe Summons, Complaint and Civil Case Schedule 

### has been placed inthe maildirected to Defendant Hamlin at her place of residence. The ABC Process Service Detail report shows the process server attempted to

serve Avis seven different times at 3103 16th Avenue South. On five occasions, the 

### entry gate was locked preventing access to the front door. The othertimes, the entry gate was unlocked but no one answered the front door. The report notes a neighbor confirmed Avis lived at that address but "very rarely does she go outside." The report describes the dates ofattempted service ofprocess and "Service Events:"
Occurred Service Events 08/21/2012 16:57 (47.5754,-122.313) 

### Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No access to subject's door. Same situation 08/24/2012 18:29 (47.5759,-122.312) Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No access to subject's door. Same situationNo. 73507-1-1/3

08/30/2012 20:09 (47.5761,-122.312) Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No Answer at door, no noise inside, no movement inside and lights on inside. Entry gate was unlocked. No response. 09/01/2012 15:33 (47.576,-122.312) 

### Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No answer at door, no noise inside, no movement inside and no lights. 09/02/2012 11:42 (47.576,-122.312) 

### Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No access to subject's door. Entry locked. 09/04/2012 19:08 (47.5761,-122.312) 

### Attempt made at 3103 16TH AVE S, SEATTLE, WA 98144: No access to subject's door. Entry 

### gate locked. Spoke with the neighbor on the left sis [sic] ofaddress. They said subjectdoes live there. But very rarely does she go outside. 09/05/2012 13:52 (47.5761,-122.312) 

### Attempt made at 3103 16THAVE S, SEATTLE, WA 98144: No access to subject's door. Same situation Entered Notifications 09/07/2012 14:42 

### Per Darla: needs dons [sic] includine [sic] the neighbor stating subject is a recluse. 

### The court granted Mark's motion for service bypublication. The order states, 

### "[T]he summonsin this mattermay be served on the nonmoving party bypublication in conformity with RCW 4.28.100." 

### Beginning in September2012, Mark published a "Summons by Publication" in The DailyJournal ofCommerce for six consecutive weeks. The Summons by Publication states: SUMMONS BY PUBLICATION 

### Superior CourtNo. 12-2-26519-4 SEA IN THE SUPERIOR COURT ofthe State ofWashington in and for the County of King. 

### Mark S. Hamlin, Plaintiff, v. Avis Robinson Hamlin, Defendant. No. 12-2-26519-4 SEA. Summons by Publication. The State ofWashington to: Avis Robinson Hamlin 

### You are hereby summoned to appearwithin sixtydays after the 

### date of the first publication of this summons, towit, within sixty days after 

### the 11th day of September, 2012, and defend the above entitled action inNo. 73507-1-1/4 

### the above entitled court, and answerthe complaint of Plaintiff Mark 

### Hamlin, and serve a copy of youranswer upon the undersigned attorneys for PlaintiffMarkHamlin at their office below stated; and incase of your failure so to do,judgmentwill be rendered against you according to the demand ofthe complaint, which has been filed with the clerk of said court. 

### This action is for damages as a result ofassault and battery. Dated this 10th day of September, 2012. SCHROETER, GOLDMARK & BENDER, REBECCA J. ROE, WSBA #7560, Counsel for Plaintiff, 810 Third Avenue, Suite 500, Seattle, WA 98104. Phone (206) 622-8000. 

### Date of first publication inthe Seattle DailyJournal ofCommerce, September 11, 2012. 10/16(288258). On September 13, Mark also mailed a copy ofthe summons, complaint, and order setting civilcase schedule to Avis at 3103 16th Avenue South. The summons, complaint, and order setting civil case schedule mailed to Avis were not returned. A year later, Mark filed a "Motion for Order of Default of Defendant Avis Robinson Hamlin." Mark mailed a copy ofthe motion to Avis at the 3103 16th Avenue South address. Avis did not respond. On September 13, 2013, the court entered an order of default againstAvis. In early 2014, Mark filed a motion for entry of a defaultjudgment. Mark noted the motion for a hearing on March 14. Mark mailed a copy ofthe notice ofentry of a default judgmentto Avis at 3103 16th Avenue South by regular and certified mail. Mark also published a copy ofthe "Note for Motion Docket" inThe DailyJournal ofCommerce. The published note states: NOTE FOR MOTION DOCKET Superior Court No. 12-5-26519-4 SEA INTHE SUPERIOR COURT ofthe State ofWashington for the county of King. Hamlin vs. Hamlin. No. 12-5-26519-4 SEA. Note for Motion Docket Seattle Courthouse Only. (Clerk's Action Required NTMTDK.) To: The Clerk of the Court and to all other parties listed below:No. 73507-1-1/5

Please take notice that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: March 14, 2014 Day ofWeek: Friday. Nature of Motion: Motion for Default Judgment. Avis did not respond. On March 28, 2014, the court entered findings of fact, conclusions of law, andjudgment against Avis for $500,000 plus statutory costs and attorney fees. Approximately a year later on April 3, 2015, Avis filed a motion to vacate the defaultjudgment. Avis argued the attorney's declaration did not comply with the statutory requirements for service by publication. In opposition, Mark's attorney submitted another declaration with a community property agreement showing that Avis has lived at 3103 16th Avenue South in Seattle since 1977; the motion and declaration for service by publication; the affidavit of publication; and proofshowing that Mark mailed the summons, complaint, and order setting civilcase schedule to Avis. The court denied the motion to vacate the defaultjudgment. Avis appeals.
ANALYSIS Avis asserts the court erred indenying her motion to vacate the defaultjudgment because the declaration submitted in support ofthe motion for service by publication 

### does not satisfy the requirements of RCW 4.28.100(2). Markcontends he met the statutory requirements for service by publication under RCW 4.28.100(2). "Adefaultjudgment entered without personaljurisdiction is void." Ha v. Signal Elec. Inc., 182 Wn. App. 436, 447, 332 P.3d 991 (2014). "Proper service oftheNo. 73507-1-1/6

summons and complaint is essential to invoke personaljurisdiction." Scanlan v. 

### Townsend, 181 Wn.2d 838, 847, 336 P.3d 1155 (2014).2 We review de novo the trial court's decision to deny a CR 60(b) motion to vacate
a defaultjudgmentfor failure to comply with the requirements for service of process. Dobbins v. Mendoza. 88 Wn. App. 862, 871, 947 P.2d 1229 (1997). RCW 4.28.100 authorizes service by publication. RCW 4.28.100(2) states, in pertinent part: Service ofsummons by publication—When authorized. When the defendant cannot be found within the state, and upon the filing of an affidavit ofthe plaintiff, his or her agent, or attorney, with the clerk ofthe 

### court, stating that he or she believes that the defendant is not a resident of the state, or cannot be found therein, and that he or she has deposited a 

### copy of the summons (substantially inthe form prescribed in RCW 4.28.110) and complaint inthe postoffice, directed to the defendant at his 

### or her place ofresidence,
. .. and stating the existence ofone ofthe cases hereinafter specified, the service may be made by publication of the summons, bythe plaintiffor his or her attorney inany ofthe following

cases: 

### (2) When the defendant, being a resident of this state, .. . avoid[s] the service of a summons, or keeps himselfor herselfconcealed therein with like intent. 

### Under RCW4.28.100(2), a party seeking an order allowing service by publication 

### must (1)demonstrate that he made reasonably diligent efforts to personally serve the defendant and (2) setforthfacts supporting a conclusion that the defendantwas 

### concealing herself to avoid service ofprocess. Boes v. Bisiar. 122 Wn. App. 569, 574, 94 P.3d 975 (2004); Rodriguez v. James-Jackson. 127 Wn. App. 139, 144, 111 P.3d 271 (2005); Bruffv. Main. 87 Wn. App. 609, 612, 943 P.2d 295 (1997). While the

2Internal quotation marks omitted.No. 73507-1-1/7 

### plaintiff'sdeclaration must "clearly articulate facts." the declaration need "not clearly 

### prove intent to avoid service." Boes, 122 Wn. App. at 577.3 Because service by publication is "in derogation ofthe common law," a party 

### must strictly complywith the statute authorizing service bypublication. Rodriguez. 127 Wn. App. at 143. We determine strict compliance on a case-by-case basis. Boes. 122 Wn. App. at 576. 

### Here, there is no dispute Mark made reasonably diligent efforts to personally
serve Avis. The parties dispute whetherthe attorney declaration setforth facts 

### supporting the conclusion thatAvis was concealing herself to avoid service of process. Where a defendant challenges the sufficiency of service and the plaintiffsubmits a 

### supplemental declaration, we considerboth the original declaration and thedeclaration submitted after the challenge to service bypublication. Boes. 122Wn.App. at 574; 

### Dobbins, 88Wn. App. at 872-73; Brennan v. Hurt. 59Wn. App. 315, 318-19, 796 P.2d 786 (1990). 

### Avis contends there is no foundation forthe attorney's assertion that "Plaintiff's 

### counsel has a goodfaith beliefthatDefendant Hamlin isconcealing herselfin the State toavoid service of process." Avis argues the attorney's statement that "ABC Legal Services advises they can tell Defendant Hamlin isinside the home, but she will not 

### open thedoor," isthe "entire basis" for granting themotion for service by publication. The record does not support her argument. 

### Thedeclaration filed byMark's attorneyin support of the motion for publication shows the attorney used two different electronicdatabases to ascertain Avis's current address was 3103 16th Avenue South in Seattle. The community property agreement 3 Emphasis in original.No. 73507-1-1/8
attached to the later declaration confirms that Avis has lived at 3103 16th Avenue South since at least 1977. The attorney retained ABC to personally serve Avis at 3103 16th Avenue South. The attorney declaration establishes the ABC process server made seven different but unsuccessful attempts to serve Avis at that address. Further, Avis does not dispute that she lives at 3103 16th Avenue South in Seattle. Nor does Avis contend she was not home during any ofthe seven attempts to serve her at that address. The record also establishes the attorney mailed copies ofthe summons and 

### complaint, the motion for default, and notice ofthe entry ofthe defaultjudgmentto Avis
at 3103 16th Avenue South and the mail was never returned. The facts setforth inthe declarations support a conclusion thatAvis was concealing herselfto avoid service of process. 

### The cases Avis relies on are distinguishable. In Rodriguez, the plaintiffdid not make an " 'honest and reasonable effort'" to locate the defendant, and "[t]he reason 

### [the defendant] moved to Texas was because her husband took a job in a school outside ofHouston, not to avoid service ofprocess." Rodriguez. 127 Wn. App. at 145- 46. In Kent v. Lee. 52 Wn. App. 576, 580, 762 P.2d 24 (1988), the court held the affidavits "setforth no facts—and not even an allegation—that [the defendant] was a 

### Washington resident, and it is nowapparentthat there are no such facts." In Charboneau Excavating, Inc. v. Turnipseed. 118 Wn. App. 358, 363-64, 75 P.3d 1011 

### (2003), the court concluded the plaintiff"did not exercise reasonable diligence" to locate and serve the defendant, and "[n]othing inthe record shows that [the defendant] was trying to conceal himselfto avoid service ofprocess."No. 73507-1-1/9 Because the record shows Mark satisfied the statutory requirements for service by publication under RCW 4.28.100(2), we affirm the order denying the motion to vacate the defaultjudgment.

WE CONCUR: 

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