WA Legal Roundup
With a day full of filing ahead of me, I will make this brief. Two new opinions out of Div. II, one out of Div. III:
Give it up State. Seriously. The State failed to produce multiple documents, which would have provided witnesses and a ton of other evidence, to the Defendants. The trial court tried to get the State to comply, and granted a bunch of continuances. Because they still didn't produce (or, for some documents, produced wayyyy too close to trial to allow any information to be effectively used or investigated), the court of appeals affirmed the dismissal as within the discretion of the trial court.
Within Div. II, abandonment is not a defense to Burglary. The court refused to follow the Div. III holding in State v. J.P., 130 Wn. App. 887, 125 P.3d 215 (2005), which held the opposite.
The railroad company was not properly served through an in-state agent, and sought relief from default under CR 60(b). Morris had looked at the Secretary of State website, found the corporate agent, and attempted service. Unfortunately, the address listed was locked up and vacant. It was found that said agent had moved. At the new location, the process server was informed that the agent no longer worked there. The process server then served the head of the company instead, asking that he forward the summons and complaint to the registered agent. Oops. Lack of proper service means lack of personal jurisdiction.