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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[W]e have a showing from the [Egberts]—and I would agree with the [Egberts’]
counsel that the showing is probably not going to be any different than the Court
would ever see at the time of trial. The [Egberts] are in control of the information
that they would be presenting. They presented their case well as to, yes, I have all
sorts of places, but these are the reasons why I want to live in this one place.

And so even if it were in a presumptive world, I think that they have defeated the
issue and presented evidence that supports [Scott’s] desire to live in the residence,
and the 90-day notice would be appropriate.

VRP (July 8, 2024) at 31-32. We cannot say that no reasonable superior court would have made

the same decision. See Comcast, 16 Wn. App. 2d at 676. Applying a deferential standard, we

hold the trial court did not err.9

9
Although it is not explicitly disputed by the parties, the superior court’s order of attorney fees
and costs related to the issuance of the Writ also survives. Even if the award of attorney fees and
costs is considered to be “other relief,” and even if this implicates de novo review instead of abuse
of discretion, the record appears to show that the parties agreed that the fees were related to the
order authorizing the Writ. And the Jorgensens raised no objection to the amount following the
Egberts’ agreement to reduce the total by $2,000.

28
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60448-5-II

Our decision may have been different if the superior court had decided to enter a judgment

on additional “other relief” such as the amount of rent owed, damages, or offsets potentially made

necessary for septic expenses. Given their nature, these issues would be much more likely to