"[wjhere the right to possession ceases to be at issue at any time
between the commencement of an unlawful detainer action and trial
of that action, the proceeding may be converted into an ordinary
civil suit for damages, and the parties may then properly assert any
cross claims, counterclaims, and affirmative defenses."1 ]
The trial court "has inherent power to fashion the method by which an unlawful
detainer action is converted to an ordinary civil action."35
31 State v. Smith. 106 Wn.2d 772, 780, 725 P.2d 951 (1986) (quoting State
v. Cunningham. 93 Wn.2d 823, 831, 613 P.2d 1139 (1980)).
32 Angelo Prop. Co. v. Hafiz, 167 Wn. App. 789, 808-09, 274 P.3d 1075
(quoting Granat v. Keasler, 99 Wn.2d 564, 571, 663 P.2d 830 (1983)), review
denied. 175 Wn.2d 1012 (2012).
33 Munden, 105 Wn.2d at 45 (quoting Granat, 99 Wn.2d at 570).
34 Munden, 105 Wn.2d at 45-46.
35 Munden, 105 Wn.2d at 47.
-13-
No. 68727-1-I (consol. with
No. 68927-4-l)/14
Feigenbaum paid no rent after his deposit of $14,400 into the registry of
the court in December 2010. The court entered an order for a writ of restitution
restoring the property to Hall on January 7, 2011. We hold that the trial court,
finding that possession of the premises was no longer at issue, acted within its
discretion when it converted the case from an unlawful detainer to an ordinary
civil action for damages on February 10, 2012.
The Order on Summary Judgment and Award of Damages
Feigenbaum claims the court erred in entering summary judgment
awarding Hall damages, statutory costs, and attorney fees. This court reviews
de novo a trial court's summary judgment order. We engage in the same inquiry