the premises. On December 1, Hall commenced an unlawful detainer action by
filing a summons and complaint and secured ex parte a temporary restraining
order and an order to show cause why a writ of restitution should not be issued.
The order restrained Feigenbaum from removing property from the premises but
did not restrict Feigenbaum's access to them and did not require that Hall post a
bond. The return date for both orders was December 17.
Between December 1 and 3, Hall made six unsuccessful attempts to
personally serve Feigenbaum with the summons and complaint. After a court
commissioner entered an ex parte order allowing service by posting and mailing,
1 Feigenbaum states that he stopped operating the nightclub and
attempted to sell the business in 2010. Hall states that Feigenbaum ceased
doing business in 2008.
-2-
No. 68727-1-1 (consol. with
No. 68927-4-1) / 3
Hall mailed the pleadings to the premises on December 6 and posted them at the
premises on December 7. Feigenbaum received the pleadings on December 9.
The court granted Hall's motion for a preliminary injunction, barring
Feigenbaum from removing personal property from the premises. The injunction
did not require a bond. The court ordered Feigenbaum to pay $14,400 into the
court's registry immediately for unpaid rent and to deposit future rent moneys into
the court's registry as they came due. Feigenbaum deposited the $14,400 but
did not pay January's rent. On January 7, 2011, the trial court found that "no
monthly rent payment currently due has been timely paid to the registry of the
court" and entered an order for writ of restitution. Finding that Feigenbaum was