The form order for the temporary restraining order and order to show
cause entered by the trial court had two "check the box" alternatives: "without
posting of a bond by the Plaintiff" and "upon posting of a bond in the amount of
$ by Plaintiff." The trial court here checked the space next to the first
alternative. Neither the court's order granting the preliminary injunction nor its
order authorizing the writ of restitution required a bond. The trial court erred by
not ordering a bond as required by chapter 59.12 RCW and chapter 7.40 RCW.
29 See RCW 4.44.470; Hockley v. Hargitt. 82 Wn.2d 337, 345, 510 P.2d
1123(1973).
30 Evar, Inc. v. Kurbitz, 77 Wn.2d 948, 951, 468 P.2d 677 (1970); Irwin v.
Estes, 77 Wn.2d 285, 286, 461 P.2d 875 (1969).
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No. 68727-1-1 (consol. with
No. 68927-4-I)/13
"'[Ejrror is not prejudicial unless, within reasonable probabilities, had the
error not occurred, the outcome of the trial would have been materially
affected.'"31 Feigenbaum demonstrates no prejudice from this error. Therefore,
we do not consider this issue further.
Conversion of the Case from Unlawful Detainer to Ordinary Civil Case
In an unlawful detainer action, "'the court sits as a special statutory
tribunal to summarily decide the issues authorized by statute and not as a court
of general jurisdiction with the power to hear and determine other issues.'"32 Due
to the summary nature of unlawful detainer proceedings, other claims, such as
counterclaims, are generally not permitted.33 However,