the right to counsel for indigent tenants applies only to unlawful detainer proceedings
rather than general proceedings under the Civil Rules. The landlord argued that the
tenant here was notified of the motion for default, and the summons informed the tenant
of their right to counsel, if indigent; thus no statute or court rule was violated.
The trial court agreed with the landlord, finding that the landlord has a right to
proceed by motion for default under the Civil Rules despite a tenant’s notice of
appearance as long as the notice is not also an answer. The court also found that a show
cause hearing is not mandatory, and that the “landlord here complied with the obligation
to notify the tenant of the right to counsel and . . . the statutory notice required to explain
how to file an appearance.” Verbatim Rep. of Proc. (July 30, 2024) at 20. The judge was
troubled by the statutory language in the summons form that stated tenants may file an
appearance, which constitutes compliance, but did not clarify that a subsequent motion
for default could occur if no show cause was set. The judge also found the notice and
opportunity to be heard were sufficient because the tenant was notified of the default
proceeding. Finally, the court found no violation of the right to counsel: information was
provided at the start of the case to the tenant about the right and the court followed the
3
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Sangha v. Keen et al., No. 103332-0
procedures set out in the statutory right to counsel by issuing a stay of the writ. RCW
59.18.640. Accordingly, the judge rescinded the stay and denied the motion to vacate
default judgment.