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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pham v. Corbett, 187 Wash. App. 816 (2015)

Citation
Pham v. Corbett, 187 Wash. App. 816 (2015)
Parent Document
Pham v. Corbett, 187 Wash. App. 816 (2015)
Jurisdiction
Washington (state)
Effective Date
2015-05-26

Other Sections in This Document (66)

Full Text

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¶15 Pham correctly cites the rule that counterclaims are not allowed in unlawful detainer actions, except for those “ ‘based on facts that would excuse a tenant’s breach.’ ” Br. of Appellant at 19 (quoting Josephinium Assocs. v. Kahli, 111 Wn. App. 617, 625, 45 P.3d 627 (2002)). The exception properly applies when resolution of the counterclaim is “necessary to determine the right of possession.” First Union Mgmt., Inc. v. Slack, 36 Wn. App. 849, 854, 679 P.2d 936 (1984).