Crossroads Mgmt., LLC v. Ridgway, 540 P.3d 82 (2023)

Citation: Crossroads Mgmt., LLC v. Ridgway, 540 P.3d 82 (2023)
Parent Document: Crossroads Mgmt., LLC v. Ridgway, 540 P.3d 82 (2023)
Jurisdiction: Washington (state)
Effective Date: 2023-12-21
Original Source: https://www.courtlistener.com/opinion/10797992/crossroads-mgmt-llc-v-ridgway/ ↗

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applying [the small claims statute] to residential unlawful detainer
      actions would, in certain situations, create a conflict between them and
      the specific statute for fees in residential unlawful detainer actions
      . . . . For example, consider the case where a landlord brought an
      unlawful detainer action against a tenant who had paid no rent but, after
      suit was commenced, made an offer of settlement to pay less rent than
      the amount claimed due by the landlord. If the landlord rejected the
      offer and ultimately recovered less than the amount offered, the tenant
      would be deemed the prevailing party under RCW 4.84.270 since,
      according to that provision, the defendant prevails if the plaintiff
      recovers less than the amount offered in settlement or recovers nothing.
      Thus, the tenant, even though guilty of unlawful detainer for
      nonpayment of rent, would be entitled to a mandatory fee award under
      RCW 4.84.250 and .270. This would conflict with the application of
      RCW 59.18.290, which would authorize a discretionary fee award only
      to the landlord, who prevailed by recovering possession and unpaid rent
      as damages. RCW 4.84.250 and .270 would be superseded. Id. at 856.

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