{"id":2296,"date":"2018-04-08T13:51:08","date_gmt":"2018-04-08T21:51:08","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2296"},"modified":"2018-04-20T15:41:38","modified_gmt":"2018-04-20T23:41:38","slug":"ps-102-chapter-13-article-2-usual-mailing-address-gottemoeller-vs-twist","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-13-an-introduction-to-usual-mailing-address\/ps-102-chapter-13-article-2-usual-mailing-address-gottemoeller-vs-twist\/","title":{"rendered":"PS 102 – Chapter 13 – Article 2 – Usual Mailing Address – Gottemoeller vs Twist"},"content":{"rendered":"

Summary
\n<\/strong>MATTHEW W. GOETTEMOELLER ET AL<\/a>. vs GRAHAM M. TWIST ET AL<\/a>., Petitioners.
\n<\/strong>161 Wn. App. 103, GOETTEMOELLER V. TWIST<\/strong><\/span>
\n[No. 64046-1-I. Division One. April 11, 2011.]<\/strong><\/span><\/p>\n

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

In 2001 the Twists began renting a private mailbox at “The Mailbox” in Lynden, Washington. In June of 2005 Mr. Twist was involved in an automobile accident with the Goettemoellers.<\/span><\/p>\n

In October of 2005 Twist began using a mailing address in Bellingham, Washington. In January of 2006 the Twists returned to their native England.<\/span><\/p>\n

On September 29, 2006, Gottemoeller filed a suit for damages<\/a> against Twist in Whatcom County<\/a> Superior Court. In March of 2008 the court sent a Notice<\/a> of Dismissal<\/a> for Want of Prosecution to Gottemoeller because there had been no activity in the case<\/a> for over a year. On April 7, 2008, Gottemoeller filed an amended complaint<\/a>.<\/span><\/p>\n

A few days later a process server contacted Twist by email. Twist replied to the email saying he was now living in England and hadn’t lived in Washington in more than two years. He did not supply the process server with a current address.<\/span><\/p>\n

On June 6, 2008, Goettemoeller made service on Twist using RCW 4.28.080<\/a>(17) which states:<\/span><\/p>\n

(16) In lieu of service under subsection (16) of this section, where the person<\/a> cannot with reasonable<\/a> diligence<\/a> be served as described, the summons may<\/a> be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person<\/a> of suitable age and discretion who is a resident, proprietor, or agent<\/a> thereof, and by thereafter mailing a copy by first class mail, postage prepaid, to the person<\/a> to be served at his or her usual mailing address. For the purposes of this subsection, “usual mailing address” shall not include a United States postal service post office box or the person<\/a>’s place of employment.<\/em><\/span><\/p>\n

Goettemoeller moved for partial summary judgment<\/a> on the issue of service. On cross motions for summary judgment<\/a>, Twist argued that:<\/span><\/p>\n