summary means of resolving leased property disputes. Feigenbaum admits
receiving the summons and complaint by mail on December 9. The return date
for the show cause hearing was December 17. Thus, Hall served Feigenbaum
not less than 7 days before the summons's return date. Feigenbaum received
sufficient notice of the return date to respond to the summons and complaint.
We conclude that statutory process was proper and thus that the trial court
properly exercised its jurisdiction.
The Requirement of an Injunction Bond
On April 22, 2011, the court denied Feigenbaum's motions to dismiss and
to require the court to set a bond for the preliminary injunction and a bond for the
writ of restitution. Feigenbaum assigns error to the court's issuance of the
injunction and writ without requiring a bond.
within a prescribed period after the service of a notice or other
paper upon him and the notice or paper is served upon him by
mail, 3 days shall be added to the prescribed period.
28 Christensen, 162 Wn.2d at 374.
-11-
No. 68727-1-1 (consol. with
No. 68927-4-I)/12
RCW 7.40.080 states, "No injunction or restraining order shall be granted
until the party asking it shall enter into a bond, in such a sum as shall be fixed by
the court or judge granting the order." The Washington State Supreme Court has
held that while the amount of a bond for an injunction under RCW 7.40.080 is
within the discretion of the trial court,29 the requirement of an injunction bond is
mandatory.30
Similarly, RCW 59.12.090 requires that before a writ of restitution is issued
prior to judgment, the plaintiff "shall execute to the defendant and file in court a
bond in such sum as the court or judge may order."