Ralph's Concrete v. Concord Concrete Pumps

225 P.3d 1035
CourtCourt of Appeals of Washington
DecidedFebruary 22, 2010
Docket63297-3-I
StatusPublished
Cited by15 cases

This text of 225 P.3d 1035 (Ralph's Concrete v. Concord Concrete Pumps) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ralph's Concrete v. Concord Concrete Pumps, 225 P.3d 1035 (Wash. Ct. App. 2010).

Opinion

225 P.3d 1035 (2010)

RALPH'S CONCRETE PUMPING, INC., a Washington corporation, Respondent,
v.
CONCORD CONCRETE PUMPS, INC., a foreign corporation, Appellant.

No. 63297-3-I.

Court of Appeals of Washington, Division 1.

February 22, 2010.

*1036 Gavin W. Skok, Mindy L. DeYoung, Riddell Williams PS, Seattle, WA, for Appellant.

Geoffrey P. Knudsen, Attorney at Law, Seattle, WA, Franklin G. Dinces, The Dinces Law Firm, Gig Harbor, WA, for Respondent.

COX, J.

¶ 1 At issue is whether service of process by mail on a foreign corporation pursuant to Superior Court Civil Rule (CR) 4(i)(1)(D) is sufficient to confer personal jurisdiction in Washington courts where personal service under the long arm statute, RCW 4.28.185, was not made. Because CR 4 conditions service under that court rule on a statute providing for foreign service that contains "no provision prescribing the manner of service," and the long-arm statute expressly provides for personal service, service under CR 4 was not authorized here. Moreover, Ralph's Concrete Pumping, Inc. failed to make and file an affidavit that established that "service cannot be made within this state," as required by the long-arm statute. Accordingly, the default judgment against Concord Concrete Pumps, Inc. is void. We reverse.

¶ 2 The dispositive facts are undisputed. Ralph's is a corporation registered in Washington State. Concord is a corporation registered in British Columbia, Canada, where it maintains offices. This action arises out of an alleged breach of a contract under which Ralph's agreed to purchase a concrete pump and truck from Concord.

¶ 3 It is undisputed that Ralph's neither personally served Concord nor filed the affidavit required under Washington's long-arm statute.

¶ 4 Concord did not answer or otherwise respond to the summons and complaint and Ralph's obtained a default judgment against Concord exceeding $175,000.

¶ 5 Thereafter, Concord made a special appearance, moving to vacate the default judgment. Concord argued that the judgment *1037 was invalid because the trial court did not have personal jurisdiction since Ralph's failed to comply with the long-arm statute. The trial court denied the motion.

¶ 6 Concord appeals.

¶ 7 Ralph's sued Concord for breach of contract, alleging damages in excess of $100,000. Ralph's served Concord in Canada by mail, in accordance with CR 4(i)(1)(D). A Concord representative acknowledged receipt of the summons and complaint by signing a U.S. Postal Global Express delivery receipt.

PERSONAL JURISDICTION

Service of Process

¶ 8 Concord argues that the default judgment against it should be vacated for lack of personal jurisdiction because Ralph's failed to comply with Washington's long-arm statute, RCW 4.28.185, which requires personal service and an affidavit attesting that service cannot be made within the state. We agree.

¶ 9 A Washington court may assert personal jurisdiction over an out-of-state defendant if the long-arm statute is satisfied and if the assumption of jurisdiction meets the requirements of due process by comporting with traditional notions of fair play and substantial justice.[1] Because statutes authorizing service on out-of-state parties are in derogation of common law personal service requirements, they must be strictly construed.[2]

¶ 10 Proper service of process is basic to personal jurisdiction.[3] "Mere receipt of process and actual notice alone do not establish valid service of process."[4]

¶ 11 We review de novo a trial court's denial of a motion to vacate a default judgment for lack of jurisdiction.[5] Moreover, we also review de novo questions of statutory interpretation.[6]

¶ 12 Here, Ralph's does not dispute that it failed to personally serve Concord, as the long-arm statute requires. We look first to that statute to determine the effect of the failure to comply with the personal service requirement.

¶ 13 The long-arm statute, RCW 4.28.185(2), specifies the required manner of service of process on defendants located outside of this state who are subject to the jurisdiction of Washington courts based on the acts specified in the statute:

Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the defendant outside this state, as provided in RCW 4.28.180, with the same force and effect as though personally served within this state.[[7]]

RCW 4.28.180 specifies the form and method of service of the summons to be used in effectuating personal service outside of the state.

¶ 14 In this case, Ralph's did not personally serve Concord. Rather, Ralph's mailed the summons to Concord's British Colombia offices, in accordance with CR 4(i)(1)(D). Ralph's claims that court rule is a permissible alternative to the personal service requirement of the long-arm statute.

¶ 15 CR 4(i)(1)(D) provides:

(i) Alternative Provisions for Service in a Foreign Country.
(1) Manner. When a statute or rule authorizes service upon a party not an inhabitant *1038 of or found within the state, and service is to be effected upon the party in a foreign country, it is also sufficient if service of the summons and complaint is made:
. . .
(D) by any form of mail, requiring a signed receipt, to be addressed and mailed to the party to be served.

¶ 16 Ralph's argues that the above subdivision of CR 4 applies because it permits service by any form of mail that requires a signed receipt, and for two additional reasons. First, the long-arm statute, RCW 4.28.185(2), uses permissive rather than mandatory language: service of process "may be made by personally serving the defendant outside [of the] state."[8] Second, RCW 4.28.185(6) states that the long-arm statute does not limit the right to serve process by any other method provided by law:

Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law.

We conclude that these arguments are unpersuasive.

¶ 17 The chief problem with Ralph's argument that service by mail under CR 4(i)(1)(D) is a permissible alternative to the personal service requirement of the long-arm statute is that the argument ignores other material provisions of CR 4. Specifically, CR 4(e)(1) provides:

Generally. Whenever a statute or an order of court thereunder provides for service of a summons . . . upon a party not an inhabitant of or found within the state, service may be made under the circumstances and in the manner prescribed by the statute or order,

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Cite This Page — Counsel Stack

Bluebook (online)
225 P.3d 1035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralphs-concrete-v-concord-concrete-pumps-washctapp-2010.