tenant that the case had not yet been filed with the court. CP at 12. The tenant timely
faxed a written pro se notice of appearance to the landlord, stating they intended to be “at
any court case or appearance.” CP at 14-16, 18.
The summons, complaint, and tenant’s notice of appearance were filed with the
King County Superior Court. In early June, the landlord moved for an order of default
and judgment based on the tenant’s failure to file an answer by the date listed in the
summons. The tenant received the motion for default and notice of hearing. The tenant
then called the King County Superior Court Clerk’s Office and alleges they were told
they did not need to attend this “closed door hearing.” CP at 47.
In July, the trial court found the tenant in default for lack of answer and issued the
default judgment and writ of restitution. The writ of restitution was posted at the
property about a week later. The tenant retained counsel and moved to vacate the default
judgment and quash the writ. The tenant’s attorney argued primarily that default for an
appearing tenant violated the statutory right to counsel and contradicts the statutory
2
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Sangha v. Keen et al., No. 103332-0
summons language that requires a show cause hearing. RCW 59.18.640; SPR 98.24W;
RCW 59.18.365. The landlord responded that the Civil Rules require a defendant to
serve an answer within the prescribed period and the failure to serve an answer entitles
the landlord to a default judgment. See CR 55. The landlord further argued that a motion
to show cause is not required under the procedures set forth in chapter 59.18 RCW, and