Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Harmon, 193 Wn.2d at 156-57. A writ of restitution is a legal remedy, ordered by the superior

court and issued by the clerk’s office, that allows the landlord to regain immediate possession of

the property pending the court’s issuance of a final judgment. See RCW 59.18.380; Webster v.

Litz, 18 Wn. App. 2d 248, 252-53, 491 P.3d 171 (2021) (explaining that after obtaining a writ of

restitution, “the landlord is entitled to immediate possession of the property pending a final

judgment”).5 “Whether or not the court issues a writ of restitution at the show cause hearing, if

material factual issues exist, the court is required to enter an order directing the parties to proceed

to trial on the complaint and answer.” Harmon, 193 Wn.2d at 157.

II. SHOW CAUSE HEARING

To obtain a writ of restitution, the landlord must first obtain an order setting a show cause

hearing. Id. A show cause hearing is a summary proceeding where the superior court evaluates

the evidence presented by the parties and decides “ ‘the issue of possession pending a lawsuit.’ ”

Id. (quoting Carlstrom v. Hanline, 98 Wn. App. 780, 788, 990 P.2d 986 (2000)). It “is not the

final determination of rights in an unlawful detainer action.” Id. Given its summary nature, a

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Prior to a writ being issued, the landlord must file a bond “conditioned that the [landlord] will
prosecute his or her action without delay” and pay all costs and damages sustained by the tenant
should it be determined that the writ was “wrongfully sued out.” RCW 59.18.380.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60448-5-II

show cause hearing must balance the tenant’s right to have a “ ‘meaningful opportunity to be