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

Related Parts of This Source

Full Text

1,573 chars

a superior court may issue a writ of restitution following a show cause hearing but still see the

6
The statute provides:
If it appears to the court that the [landlord] should not be restored to possession of
the property, the court shall deny [the landlord’s] motion for a writ of restitution
and enter an order directing the parties to proceed to trial within thirty days on the
complaint and answer.
RCW 59.18.380.

20
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60448-5-II

need for the remaining issues in the complaint and answer to proceed to trial. See, e.g., id.

(explaining that although it was undisputed that the superior court’s issuance of a writ was proper,

that the issue of damages should have been decided at a subsequent trial).

For step two, the statute imposes a different lens for the superior court’s consideration that

is more similar to summary judgment:

[I]f it shall appear to the court that there is no substantial issue of material fact of
the right of the [landlord] to be granted other relief as prayed for in the complaint
and provided for in this chapter, the court may enter an order and judgment granting
so much of such relief as may be sustained by the proof . . . [and] an order denying
any relief sought by the [landlord] for which the court has determined that the
[landlord] has no right as a matter of law . . . .

RCW 59.18.380 (emphasis added). The statute also specifically addresses whether a “genuine

issue of material fact” could be brought up in a defense raised by the tenant.