Raymond v. Fleming

In Raymond v. Fleming, 24 Wn. App. 112, 115, 600 P.2d 614 (1979), the plaintiff improperly served the defendant. Raymond, 24 Wn. App. at 114. After filing a notice of appearance, the defendant repeatedly asked for more time in response to plaintiff's repeated requests for an answer to the complaint. Id. at 114. Thereafter, the defendant obtained two continuances past the expiration date for proper service of process. Id. This dilatory and clearly inconsistent conduct, coupled with plaintiff's attempts to compel action, constituted sufficient grounds to conclude that the defendant there had waived his affirmative defense of insufficient service of process. Id. at 115.