{"id":2262,"date":"2018-04-08T12:29:43","date_gmt":"2018-04-08T20:29:43","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2262"},"modified":"2019-04-18T03:20:53","modified_gmt":"2019-04-18T11:20:53","slug":"ps-102-chapter-8-article-1-service-on-an-entity-dolby-vs-worthy","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-8-an-introduction-to-service-on-an-entity-case-law\/ps-102-chapter-8-article-1-service-on-an-entity-dolby-vs-worthy\/","title":{"rendered":"PS 102 – Chapter 8 – Article 1 – Service on an Entity \u2013 Dolby vs Worthy"},"content":{"rendered":"

SUMMARY<\/strong><\/span>
\nDolby v. Worthy, 141 Wn. App 813, 173 P.3d 946 (2007)
\n<\/strong>Published Opinion<\/strong><\/span><\/p>\n

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

Mr. and Mrs. Dolby filed suit against Walter and Karen Worthy, individually and as a marital community, doing business as Worthy Enterprises, a sole proprietorship.  On March 13, 2006, a process server left a copy of the summons and complaint<\/a> with Crystal Pagel, an administrative assistant at Worthy Enterprises’ office location.<\/span>
\n
\n<\/u>Judicial<\/a> History<\/span><\/strong><\/span><\/p>\n

The Worthys moved to dismiss the Dolby’s suit for failure to properly commence the suit with proper service within the statute of limitations<\/a> period.  The trial court granted their motion<\/a>.<\/span><\/p>\n

The Court of Appeals affirmed the trial court decision, holding that service at the Worthy’s business was not the proper method of service and therefore service was not obtained before the statute of limitations<\/a> expired.<\/span><\/p>\n

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

    \n
  1. Does a sole proprietorship qualify as a “company<\/a>” for service of process pursuant to RCW 4.28.080(9)<\/a>.  No, it does not.<\/strong><\/span><\/li>\n<\/ol>\n

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

      \n
    1. RCW 4.28.080(9)<\/a> governs service of lawsuits on a “company<\/a>” or “corporation<\/a>,” allowing service on either entity<\/a> by serving particular employees of the business.  The term “company<\/a>” is not defined in the statute.<\/span><\/li>\n
    2. RCW 4.28.080(16)<\/a> governs service for individual defendants, requiring service by either: (1) personal service<\/a>, delivered directly to the defendant<\/a>, or (2) abode service, delivered to one of suitable age and discretion who lives with the defendant<\/a> in his or her place of residence.<\/span><\/li>\n
    3. A sole proprietorship is the simplest form of doing business because no legal<\/a> entity<\/a> is created.  A sole proprietorship does not have legal<\/a> standing to sue or be sued; one must sue the individuals comprising [sic] the business.<\/span><\/li>\n
    4. The Washington Supreme Court has rejected attempts to serve common law<\/a> partnership<\/a> members (analogous to present day sole proprietorships) by serving a partnership<\/a> employee at a place of business.  Coughlin v. Pinkerton, 41 Wash. 500, 84 P. 14 (1906); Hoffman v. Spokane Jobbers Ass’n, 54 Wash. 179, 182-83, 102 P. 1045 (1909).<\/span><\/li>\n
    5. In 1996, the Washington legislature amended RCW 4.28.080<\/a> to allow for service at a person<\/a>’s place of business, but withdrew that amendment<\/a> in 1997 so that either personal service<\/a> or usual abode service is all that is allowed.<\/span><\/li>\n<\/ol>\n

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

      Since a sole proprietorship does not create a legal<\/a> entity<\/a>, the Worthys must be treated as individual defendants, rather than as a business entity<\/a>, and must be served under RCW 4.28.080(15)<\/a> governing service on individual defendants either personally or by abode service. Since neither occurred, the defendants were not served before the statute of limitations<\/a> expired. Service on a defendant<\/a>’s employee at his or her place of business is not sufficient. French v. Gabriel, 57 Wn. App. 217, 225-26, 788 P.2d 569 (1990), aff’d, 116 Wn.2d 584, 806 P.2d 1234 (1991).<\/span><\/p>\n

      C4PSE Comment<\/strong><\/span><\/p>\n

      Know who you are serving! Protect your client and yourself by clearly understanding the rules of service. If not otherwise provided, inquire at the time of service as to the type of entity<\/a> you are serving. Or, better yet, search state business records through the Corporate Division of the Secretary of State, the Department of Revenue, and the Department of Licensing.<\/span><\/p>\n

      Your client may<\/a> not realize that different entities are served in different ways. As a professional process server it is appropriate to question service instructions when they do not appear to be in line with the statute or case<\/a> law<\/a>. Clients should be informed of such concerns in writing as soon as possible.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

      SUMMARY Dolby v. Worthy, 141 Wn. App 813, 173 P.3d 946 (2007) Published Opinion Facts Mr. and Mrs. Dolby filed suit against Walter and Karen Worthy, individually and as a marital community, doing business as Worthy Enterprises, a sole proprietorship.  On March 13, 2006, a process server left a copy of the summons and complaint<\/a> […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2260,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2262","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2262","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=2262"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2262\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2260"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=2262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}