Can i sell 300 shares of a 400 share lot with a capital loss, wait a month, buy back 100 shares, and sell the 100 remaining shares with a loss and not have a wash sale?

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The wash sale rule applies when, for example, you sell stock or securities at a loss and within 30 days before or after the sale you buy substantially identical stock or securities. 

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You will have a wash sale on the sale of the last 100 of 400 because you bought 100 of the identical security within thirty days.

After buying 100 more shares, you must wait another month before selling the last 100 of 400 (FIFO).