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
Original Source: https://www.courtlistener.com/opinion/4956711/pham-v-corbett/ ↗

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Even if Pham were correct that a relocation assistance claim did not relate to possession, there is no reason why the trial court could not have resolved the question of possession and then converted the unlawful detainer action to a civil action at that time. This would have permitted the trial court to address the relocation assistance claim in the same proceeding while preserving the special *828nature of the unlawful detainer action. Where the right to possession ceases to be at issue at any time between the commencement of an unlawful detainer action and trial of that action, the proceeding may be converted into an ordinary civil suit for damages. Munden, 105 Wn.2d at 45-46. Despite Pham’s contention at oral argument that this is “not the law,” a trial court has “inherent power to fashion the method by which an unlawful detainer action is converted to an ordinary civil action.” Id. at 47. Once the case has been converted, the trial court’s general jurisdiction is restored and it can hear claims between the parties that were excluded from the unlawful detainer action. Id. at 45-46.

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