for a writ and provides that the court shall ascertain the merits of the complaint and answer, and
that the court shall either deny the motion or order the issuance of the writ. RCW 59.18.380. If
there are genuine issues of material fact regarding possession or defenses raised by the tenant, the
court sets the matter for trial. RCW 59.18.380.
The commissioner or the court may not “disregard evidence that credibly supports a
legitimate defense.” Leda, 150 Wn. App. at 81. A tenant who raises a viable defense is entitled
to testify in support of that defense. Leda, 150 Wn. App. at 82. The court must give the defendant
a “‘meaningful opportunity to be heard.’” Leda, 150 Wn. App. at 83 (quoting Carlstrom, 98 Wn.
App. at 790). However, RCW 59.18.380 allows a court or commissioner to “limit testimony to
that which is strictly necessary to properly decide the issue of interim possession of the property.”
Leda, 150 Wn. App. at 83.
Article 4, section 23 of the Washington Constitution and RCW 2.24.050 provide that all
acts and proceedings of court commissioners are subject to review by the superior court. The party
seeking review must do so in writing within ten days after the entry of an order or judgment by the
commissioner. RCW 2.24.050. The superior court has the authority to review the “records of the
case and a commissioner’s findings of fact and conclusions of law.” Perez v. Garcia, 148 Wn.
App. 131, 138, 198 P.3d 539 (2009) (citing WASH. CONST. art. IV, § 23; RCW 2.24.050). “Under
RCW 2.24.050, the findings and orders of a court commissioner not successfully revised become
the orders and findings of the superior court. A court’s order denying a motion to revise constitutes
8
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