[WSBARP] Commercial UD Gurus

[Paul Neumiller]

Hey Listmates!  I am representing a commercial tenant in an unlawful detainer action (outside of King County.)  So, the LL's attorney went into our local court and got an order to for a show cause hearing.  Here's the thing.  I have done this many many times for residential evictions, but I can find absolutely no authority for a show cause hearing for commercial evictions.  All the show cause hearing stuff (a legal term) is under Chapter 59.18 and nothing under Chapter 59.12.  What am I missing here?  Is it hidden in some other general litigation statutes?  While the tenant has some other defenses, I'm wondering if I can object to the Order to Show Cause itself because there is no statutory provision for it.  While I have found 9 reported cases in CaseMaker in which there were show cause hearings in connection with commercial leases (mostly unpublished cases, of course), maddeningly, none of the cases give the actual legal authority to order a show cause hearing.  The reported cases just cavalierly report that "the court set the show cause hearing for [date]" without cite to authority for doing so.  Anyone????  Do I just live with it and don't even try to fight it because "that's the way we have always done it"?




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