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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Faciszewski v. Brown, 187 Wash. 2d 308 (2016)

Citation
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Parent Document
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Jurisdiction
Washington (state)
Effective Date
2016-12-22

Other Sections in This Document (51)

Full Text

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¶13 At the show cause hearing, the court must “examine the parties and witnesses orally to ascertain the merits of *315the complaint and answer.” RCW 59.18.380. If the court determines that the landlord is entitled to possession of the property, the court “enter [s] an order directing the issuance of a writ of restitution.” Id. Otherwise, the court may deny the landlord’s motion and “enter an order directing the parties to proceed to trial.” Id. In making this determination, the court must decide whether “there is a substantial issue of material fact as to whether . . . the [landlord] is entitled to other relief as is prayed for in [the] complaint... or [whether] there is a genuine issue of a material fact pertaining to a legal or equitable defense.”4 Id.