In re the Marriage of: Kelli Benjamin and Greg Benjamin, 34799-1

Kelli filed for dissolution and a parenting plan on Sept 3, 2008, and obtained an ex parte domestic violence restraining order against Greg; initial service attempts failed.
Kelli requested and the court permitted alternate service (mail then publication) after sheriff attempts failed; she published notice in the Liberty Lake Splash for six weeks in 2009.
Greg did not appear; the trial court entered default, a decree of dissolution, and a parenting plan on Aug 27, 2009, restricting Greg’s contact due to domestic violence findings.
Greg learned (he asserts) of the decree in Oct 2015, later filed to modify the parenting plan, and then moved (May 2016) to vacate the 2009 decree under CR 60(b) alleging fraud, lack of proper service, and that the judgment was void.
The trial court denied the CR 60(b) motion after finding (inter alia) service by publication and prior unsuccessful personal service attempts; it rejected Greg’s fraud claims as not proved by clear and convincing evidence.
On appeal the Court of Appeals affirmed, concluding service and publication complied with the statutes and CR 4, that Greg’s evidence did not establish fraud or voidness, and that his motion was filed within a reasonable time after he learned of the decree.

Issue	Benjamin (movant) Argument	Kelli (respondent) Argument	Held
Whether the default judgment should be vacated for fraud (CR 60(b)(4))	Kelli lied about attempts to locate/serve him and did not mail pleadings; fraud procured the default	No fraud; Kelli exercised diligence and the court could disbelieve Greg’s self-serving evidence	Denied — trial court’s credibility finding supported; no clear and convincing proof of fraud
Whether the judgment is void for lack of personal jurisdiction (CR 60(b)(5))	Service by mail/publication was ineffective; due process violated	Service complied with CR 4 and RCW 4.28.100; prior sheriff and police attempts show avoidance	Denied — publication and mail steps met statutory requirements so judgment not void
Whether service by publication/mail was authorized and adequate	Service by publication was improper because Kelli failed to show reasonable diligence/must mail first	Sheriff and police attempted multiple services; affidavits showed concealment and mailing/publishing steps	Denied — trial court properly authorized publication under RCW 4.28.100 and CR 4; publication in approved paper met requirements
Timeliness / reasonable time for CR 60(b) relief	Motion untimely (filed >6 years after decree); should be barred	Greg filed within a reasonable time after learning of decree (filed ~7 months after discovery)	Denied as untimely was not fatal — court found seven months after discovery reasonable and affirmed on other grounds

Morin v. Burris, 160 Wn.2d 745 (review standard for CR 60 motions) (abuse-of-discretion review)
Jones v. Stebbens, 122 Wn.2d 471 (service by publication/mail; failure to file proof of mailing is a mere irregularity)
Peoples State Bank v. Hickey, 55 Wn. App. 367 (CR 60(b)(4) targets procedural fraud that prevents fair presentation)
Lindgren v. Lindgren, 58 Wn. App. 588 (CR 60(b) fraud standard — showing prevention from fully presenting a defense)
In re Marriage of Logg, 74 Wn. App. 781 (service by publication in dissolution requires additional statutory bases; use RCW 4.28.100(2) when defendant concealed to avoid service)
Marley v. Department of Labor & Industries, 125 Wn.2d 533 (judgment entered without jurisdiction is void)
Mitchell v. Washington State Institute of Public Policy, 153 Wn. App. 803 (abuse-of-discretion requires untenable grounds/reasons)