SAMMAMISH POINTE HOMEOWNERS ASS'N v. SAMMAMISH POINTE L.L.C.

No. 50305-7-I.

64 P.3d 656 (2003)

SAMMAMISH POINTE HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, Plaintiff, v. SAMMAMISH POINTE L.L.C. a Washington Limited Liability Company; Polygon Northwest Company, a Washington general partnership; Brentview, Inc., a Washington Corporation, Appellants, Jeffrey Gow and Jane Doe Gow, individuals and their marital community; Gary Young and Jane Doe Young, individuals and their marital community; Greg Arms and Jane Doe Arms, individuals and their marital community, Defendants, LSP Corporation, doing business in unknown form; LSP Specialty Products Company, a Texas Corporation; LSP Products Group, Inc., a Nevada corporation; Specialty Products; doing business in unknown form; Tech Specialities, doing business in unknown form; Rapid-Fit, doing business in unknown form; Aqua-Flo, a Texas corporation; and John and Mary Does, seven through two hundred, Respondents. Sammamish Pointe L.L.C. a Washington Limited Liability Company; Polygon Northwest Company, A Washington general partnership; Brentview, Inc., a Washington Corporation, Third Party Plaintiffs, v. America First Roofing & Builders, Inc., a Washington Corporation; Cross Construction Inc., a Washington corporation; Four B's Siding, Inc., a Washington Corporation; Jane Brothers Waterproofing, Inc., a Washington Corporation; Janes Gypsum Floors Inc., a Washington corporation; Pacific Rim Framing Co., Inc., a Washington corporation; Pacific Star Roofing, Inc., a Washington Corporation; Puget Sound Foundation Services, Inc., a Washington corporation; Silver and Black Enterprises, L.L.C. a Washington limited liability corporation; Delta Plumbing and Heating, Inc., a Washington corporation; Hos Bros. Construction, Inc., a Washington corporation; Northwest Waterproofing Co., Inc., a Washington corporation; Pacific Decktec, a Washington corporation; Puget Sound Mechanical, Inc., a Washington corporation; Stone Construction; a Washington Corporation; A-1 Aluminum, Inc., a Washington corporation; Claffey's Corporation, a Washington corporation; Watts Masonry; and Wayne McGaw's Custom Painting, Third-Party Defendants.

Court of Appeals of Washington, Division 1.

March 10, 2003.


Attorney(s) appearing for the Case

Mark F. O'Donnell, Lori Kay O'Tool, Charmaine Lynette Clark, Preg O'Donnell & Gillett, Seattle, WA, for Appellant.

Steven Jager, Coreen Rebecca Ferencz, Lee Smart Cook Martin & Patterson PS, Seattle, WA, for Respondents.


BECKER, C.J.

The plaintiff in this lawsuit served each of several out of-state companies with a 20-day summons instead of the 60-day summons required by Washington's long-arm statute, RCW 4.28.180. The trial court erred in concluding that a misstatement of the proper return period is a defect that necessarily invalidates service. Where the defendant appears and answers and does not show prejudice caused by the inaccurate information, the summons can be amended and...

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