[WSBARP] Discovery in Unlawful Detainer

Thu Apr 5 16:35:53 PDT 2018

I litigated this topic a few years ago.  *Munden* is the key case.  There
are a bunch of other cases.  Once you establish that there is a need for a
trial, and if there are counterclaims that *Munden* will allow, you ask the
court to set a discovery schedule that is expedited but also adequate.  We
had serious set-off issues that mitigated the failure to pay the contract
lease payments.  The Court heard all of those set-off claims and reduced
the rent significantly.  No writ of Restitution was issued at the start of
the matter in the Show Cause hearing. That's the first critical point.

If someone wants a brief on the law my trial brief or one of the earlier on
motions could be useful.

James Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Thu, Apr 5, 2018 at 3:42 PM, Jeff Crollard <jbc at crollardlaw.com> wrote:

> Hello Synthia,
>
>
>
> Perhaps the key case to review is *Munden v. Hazelrigg, III*, 105 Wn.2d
> 39, 45-46 (1985), where the Court review much of the case law on this
> issue, and also said once the question of possession is resolved the case
> can be converted to a regular civil action if there are counterclaims.
>
>
>
> Jeff
>
>
>
> Jeff B. Crollard
>
>
>
> Crollard Law Office, PLLC
>
> Northgate Executive Center II
>
> 9725  3rd Ave NE, Suite 600
>
> Seattle, WA 98115-2061
>
> Phone:  206-623-3333
>
> Fax:  206-623-3838
>
> jbc at crollardlaw.com
>
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.
> wsbarppt.com> *On Behalf Of *hhherman2 at comcast.net
> *Sent:* Thursday, April 5, 2018 2:40 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Discovery in Unlawful Detainer
>
>
>
> Synthia,
>
> As you state in your question, unlawful detainer is a summary procedure.
> In the first phase, i.e., 3 day notice to pay rent or vacate simply gives
> the tenant the option to do one or the other. You are not in court yet.
> Nothing has been filed. When the tenant does neither, the landlord serves a
> summons and complaint and usually an order to show cause in a few days.
> Also, the landlord my serve the tenant with an RCW 59.18.375 notice that
> requires the tenant to pay into the clerk’s office the amount claimed in
> the complaint or state a legal or equitable reason why the rent is not due.
> This action is required not later than the date for responding to the
> summons. Your are still not in court, but this is your first opportunity to
> set up a defense that can be heard at the show cause hearing.
>
> The purpose of the show cause hearing is to determine who is entitled to
> possession. The tenant’s job is to show that there is no rent due. This can
> be either a legal, equitable or factual issue. If the tenant can raise a
> material issue of fact, he is entitled to a jury trial. Now, you can start
> discovery. Most likely you don’t want a jury trial, but it can produce a
> continuance during which the tenant can get his ducks lined up, do some
> discovery, and maybe just go to a hearing before a judge.
>
> The unlawful detainer statutes were enacted by the legislature to give the
> landlord a speedy way to get possession of his property if he is entitled
> to possession. That is, if there are no legal, equitable or factual reason
> why he should not. Depositions are rare, but not unheard of in unlawful
> detainer actions. The process is too speedy to even give notice to take a
> deposition, which you can’t do anyway, until you get past the show cause
> hearing.
>
> That is the short answer.
>
> Howard Herman
>
> 509-220-5810
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.
> wsbarppt.com> *On Behalf Of *Synthia Melton
> *Sent:* Monday, April 2, 2018 4:37 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Discovery in Unlawful Detainer
>
>
>
> Hello Listmates,
>
>
>
> Does anyone have any helpful case law or information on why discovery is
> not or should not be allowed in unlawful detainer cases given it is a
> summary proceeding related to possession. Thank you in advance.
>
>
> Respectfully,
>
>
> SYNTHIA A. MELTON | PARTNER | DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>
> t: *206.973.3500 *| f: *206.577.5090*| e: *synthia at dimensionlaw.com|
> <synthia at dimensionlaw.com%7C>* www.dimensionlaw.com
>
>
>
>
>
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