John J. Tollefsen Civil Litigation Law Blog on Lawyers.com

Sufficiency of service on office assistant of registered agent

Saturday, July 4, 2009 by John J. Tollefsen

Weber v. Associated Surgeons, P.S., 206 P.3d 671, 2009 WL 1241275 (Wash. May 07, 2009) (NO. 82163-1)

The defendant doctor was the registered agent of the defendant doctor’s former medical corporation. The Court of Appeals held that the practice manager of the new medical corporation for which the registered agent worked could not accept service for the defendant doctor in his capacity as registered agent of the former medical corporation because the practice manager did not work for former medical corporation and was not defendant doctor’s secretary or office assistant.

Personal service upon a corporation is accomplished either by serving the president or other head of the company or corporation, the company's registered agent, the corporate secretary, the cashier, or the managing agent, or by serving the secretary, stenographer, or office assistant of any of these persons. RCW 4.28.080(9). Failure to properly serve a defendant prevents the trial court from obtaining personal jurisdiction over the defendant.

The Supreme Court held service of process upon practice manager was sufficient since practice manager served as the registered agent's office assistant and statute governing service of process upon corporate agents did not require registered agent or agent's office assistant to work for the corporation being sued.

Posted at 17:43 PM
Topic: Civil Litigation
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