Boes v. Bisiar

Service by publication first requires a diligent effort to serve and then some showing that the defendant is trying to avoid service. RCW 4.28.100(2). Our disposition here turns on the sufficiency of the plaintiff’s showing that the defendant attempted to avoid service. We conclude that leaving the state for the final 10 days of the service period raises a sufficient inference of an attempt to avoid service of process. And we reverse the trial court’s holding to the contrary.

*572FACTS

Eric Bisiar drove his car into Shirley Boes’ car and injured her on July 12, 1999. Ms. Boes hired a lawyer,…