{"id":2209,"date":"2018-04-07T13:16:38","date_gmt":"2018-04-07T21:16:38","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2209"},"modified":"2019-04-18T03:22:27","modified_gmt":"2019-04-18T11:22:27","slug":"ps-102-chapter-3-article-1-immunity-from-service-state-ex-rel-gunn-v-superior-court","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-3-an-introduction-to-immunity-from-service-case-law\/ps-102-chapter-3-article-1-immunity-from-service-state-ex-rel-gunn-v-superior-court\/","title":{"rendered":"PS 102 – Chapter 3 – Article 1 – Immunity from Service – State ex rel Gunn v. Superior Court"},"content":{"rendered":"

Summary
\n<\/strong>State ex rel. Gunn v. Superior Court, 111 Wash. 187. 189 Pac. 1016 (1920).<\/strong><\/span><\/p>\n

 <\/p>\n

Facts<\/span><\/strong><\/p>\n

Plaintiff filed suit for personal injuries against Defendant<\/a> who, at all times material to, was a resident of the state of Nevada.  The case<\/a> went to trial in King County<\/a> and the defendant<\/a> was present.  When the case<\/a> was called to start, Plaintiff dismissed her suit, and before Defendant<\/a> could leave the courthouse, a complaint<\/a> was served on her in an action<\/a> seeking damages<\/a> upon the same facts alleged in the original case<\/a> just dismissed.  The Defendant<\/a> entered a special notice<\/a> of appearance<\/a> and asked the court to quash the attempted service of the complaint<\/a> for the reason that she was privileged from service for the reason she was within the state at the time of the alleged service as a party<\/a> in an action<\/a> then pending in the court, and there solely to defend herself in that action<\/a>.   <\/span><\/p>\n

Judicial<\/a> History<\/strong><\/span>
\nMotion<\/a> to quash was denied and the matter was appealed. <\/span><\/p>\n

Specific Issue<\/strong><\/span><\/p>\n

Can a nonresident litigant<\/a>, who comes to this state solely to defend a suit in which he is named a party<\/a>, be served with process in a new suit while temporarily within this state?  No   <\/strong><\/span><\/p>\n

Holding<\/strong><\/span><\/p>\n

A nonresident of the state is privileged from the service of process in a new suit while he is temporarily in the state defending a suit then pending. <\/span><\/p>\n

Reasoning<\/strong><\/span><\/p>\n

This rule was primarily adopted for the purpose of preventing inconvenience to the courts and to facilitate the orderly and unhampered trial of causes.  This was the first time this question was presented to the court, although it had been before the Federal courts<\/a> and the courts of a majority of the states.  The rule has been modified to allow the exemption only if service of process interferes with the judicial<\/a> proceeding then pending, see Anderson v. Ivarsson, 77 Wn. 2d 391 (1969)<\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Summary State ex rel. Gunn v. Superior Court, 111 Wash. 187. 189 Pac. 1016 (1920).   Facts Plaintiff filed suit for personal injuries against Defendant<\/a> who, at all times material to, was a resident of the state of Nevada.  The case<\/a> went to trial in King County<\/a> and the defendant<\/a> was present.  When the case<\/a> […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2207,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2209","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2209","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=2209"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2209\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2207"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=2209"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}