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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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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opportunity to present both written testimony and other evidence at the hearing. Leda, 150 Wn.

App. at 84; see also Garrand, 31 Wn. App. 2d at 438 (“ ‘A show cause hearing must be meaningful,

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

No. 60448-5-II

as it is the first (and sometimes the only) step of the eviction process in which the tenant is able to

participate.’ ” (quoting Faciszewski v. Brown, 187 Wn.2d 308, 321, 386 P.3d 711 (2016))).

The superior court undertakes its obligations at a show cause hearing in essentially two

steps under the statute—first, it considers the right to possession; second, it considers “other

relief.” RCW 59.18.380. For the first step, following the superior court’s mandatory examination

of the parties and witnesses,

if it shall appear that the [landlord] has the right to be restored to possession of the
property, the court shall enter an order directing the issuance of a writ of restitution
. . . restoring to the [landlord] possession of the property . . . .

RCW 59.18.380 (emphasis added). Otherwise, the issue of possession must be set for trial within

30 days. Id.6 The lens through which the superior court makes a decision on this first step is

unencumbered by anything other than whether it appears that the landlord has the right to be

restored to possession.

The second step pertains to “other relief.” “[R]egardless of whether the landlord is

successful in obtaining the writ of restitution, the statute permits the landlord to seek ‘other relief’

as part of the unlawful detainer process, such as a final judgment for damages or termination of

the tenant’s lease.” Webster, 18 Wn. App. 2d at 253 (quoting RCW 59.18.380). In other words,