Jeromy Polston, V. Department Of Corrections
CourtCourt of Appeals of Washington
Date FiledNovember 10, 2026
Docket60982-7
StatusUnpublished
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Full Opinion
Filed
Washington State
Court of Appeals
Division Two
November 10, 2026
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
JEROMY POLSTON, No. 60982-7-II
Appellant,
v. UNPUBLISHED OPINION
STATE OF WASHINGTON DEPARTMENT
OF CORRECTIONS, a legal entity; OFFICER
NICHOLAS KORZILLUS, MEDICAL
PROVIDER JOHN DOE,
Respondents.
CHE, J. — Jeromy Polston filed a complaint alleging medical malpractice and negligence
against the Department of Corrections and one of its officers. Upon the defendants’ motion, the
trial court dismissed Polston’s complaint under CR 12(b)(5) for failure to properly serve a
summons and complaint. Polston appeals, arguing that it was not his fault that service was never
perfected. We disagree and affirm.
FACTS
On February 6, 2025, Polston filed a complaint against the Department of Corrections
and a Department of Corrections officer, Nicholas Korzillus (collectively, the State), alleging
medical malpractice and negligence stemming from events in March 2022. Polston contends that
No. 60982-7-II
he sent his complaint and summons to a contract attorney with the Department of Corrections
who agreed to serve the State.
On April 1, 2025, the State moved to dismiss Polston’s complaint under CR 12(b)(5) for
failure to properly serve the summons and complaint.
On April 3, 2025, Polston attempted to file a motion for permission to serve the State by
certified mail. But Polston failed to properly note the motion for a hearing, and it was never
considered by the trial court.
Following a hearing, the trial court granted the State’s motion to dismiss.
Polston appeals.
ANALYSIS
Preliminarily, we note that Polston is self-represented. “Courts hold [self-represented]
litigants to the same standards as attorneys.” In re Vulnerable Adult Pet. of Winter, 12 Wn. App.
2d 815, 844, 460 P.3d 667 (2020).
RAP 10.3(a)(5) and (6) require a fair statement of facts supported by citations to the
record, as well as legal arguments supported with authority and record citations, respectively.
We do not consider conclusory arguments unsupported by citation to authority. Joy v. Dep’t of
Lab. & Indus., 170 Wn. App. 614, 629, 285 P.3d 187 (2012). Where a party cites no authority
for an assertion, we may presume none exists. DeHeer v. Seattle Post-Intelligencer, 60 Wn.2d
122, 126, 372 P.2d 193 (1962). An inadequately briefed assignment of error is deemed waived.
Milligan v. Thompson, 110 Wn. App. 628, 635, 42 P.3d 418 (2002).
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Appellate review also requires a sufficient record. RAP 9.2(b). The appellant bears the
burden of providing a record so that this court has all the evidence relevant to the issue before it.
Tacoma S. Hosp., LLC v. Nat’l Gen. Ins. Co., 19 Wn. App. 2d 210, 220, 494 P.3d 450 (2021).
Polston appeals the trial court’s order dismissing his case for failure to properly serve the
State. But Polston has not complied with RAP 9.2(b) or RAP 10.3(a)(5) and (6). His brief
makes no citations to the record and fails to cite any authority to support his argument for relief.
Moreover, Polston fails to identify any error in the trial court’s decision. Essentially, Polston
argues that it was not his fault that service was not completed. Such contentions, unsupported by
citations to the record or any legal authority, are insufficient to show that the trial court erred by
dismissing Polston’s complaint under CR 12(b)(5).
However, barring compelling circumstances, we should not decide a case based on
noncompliance with the Rules of Appellate Procedure. Id. at 221. Therefore, we address the
issue of whether the trial court erred.
We review de novo whether service of process was proper. Scanlan v. Townsend, 181
Wn.2d 838, 847, 336 P.3d 1155 (2014). “Serving a summons and complaint commences a civil
action and establishes a trial court’s jurisdiction over the action.” Spencer v. Franklin Hills
Health-Spokane, LLC, 3 Wn.3d 165, 170, 548 P.3d 193 (2024). “The purpose of service is to
provide due process, which requires notice and an opportunity to be heard.” Id. However, actual
notice alone is insufficient to show valid service. Gerean v. Martin-Joven, 108 Wn. App. 963,
972, 33 P.3d 427 (2001).
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“Personal service must be accomplished according to statutory procedure.” Spencer, 3
Wn.3d at 170. RCW 4.92.020 provides that in an action for claims against the State, service of a
summons and complaint “shall be served in the manner prescribed by law upon the attorney
general, or by leaving the summons and complaint in the office of the attorney general with an
assistant attorney general.” For claims against State employees who are individually named as
defendants, a summons should generally be served “to the defendant personally, or by leaving a
copy of the summons at the house of his or her usual abode with some person of suitable age and
discretion then resident therein.” Former RCW 4.28.080(16) (2015).1 When a defendant
challenges service of process, the plaintiff bears the initial burden of establishing a prima facie
case of proper service. Northwick v. Long, 192 Wn. App. 256, 261, 364 P.3d 1067 (2015).
Polston does not dispute that he failed to perfect service. He simply contends that he
gave his complaint and summons to a contract attorney with the Department of Corrections, who
he alleges agreed to serve the documents but failed to properly complete service. Polston
acknowledges that the complaint and summons were incorrectly served but contends “I had
nothing to do nor am I at fault.” Br. of Appellant at 6.
Polston failed to carry his evidentiary burden to make a prima facie showing of any
compliance with the relevant rules and statutes regarding service of process. Accordingly, the
trial court properly dismissed Polston’s complaint under CR 12(b)(5).
1
RCW 4.28.080(16) applies if, as here, none of the enumerated situations in RCW 4.28.080(1)-
(15) and (17) apply.
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No. 60982-7-II
We affirm.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
Che, J.
We concur:
Maxa, P.J.
Lee, J.
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