affirm, or modify the decision being reviewed and take any other action as the merits of
the case and the interest of justice may require.”); State v. Santos, 104 Wn.2d 142, 145-
46, 702 P.2d 1179 (1985). Though the landlord did not raise this issue, we exercise our
RAP 12.2 discretion and reach the tenant’s arguments on the underlying judgment in
order to provide guidance to trial courts considering the indigent tenant’s right to counsel
and procedures implementing that right. For the reasons discussed above, we conclude
that default was improperly entered. Accordingly, the default ruling is reversed and we
remand the case for further proceedings consistent with this opinion.
19
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Sangha v. Keen et al., No. 103332-0
3. The landlord is not entitled to appellate attorney fees
The landlord seeks attorney fees on appeal pursuant to RAP 18.1(1), RCW
59.18.410(1), and .290(3). See Tedford v. Guy, 13 Wn. App. 2d 1, 17, 462 P.3d 869
(2020).
RAP 18.1(a) allows a party to recover reasonable attorney fees and expenses
provided the party “request[s] the fees or expenses” and “applicable law grants to a party
the right to recover.” The party must do so in a separate section of their opening brief.
RAP 18.1(b). Courts award attorney fees to the prevailing party “‘only on the basis of a
private agreement, a statute, or a recognized ground of equity.’” Tedford, 13 Wn. App.
2d at 17 (quoting Equitable Life Leasing Corp. v. Cedarbrook, Inc., 52 Wn. App. 497,
506, 761 P.2d 77 (1988)). RCW 59.18.410(1) provides for reasonable attorney fees as
provided in RCW 59.18.290(3), which states, “Where the court has entered a judgment in