[WSBARP] Commercial UD Gurus

[Paul Neumiller]

So, I guess the argument is that since a court can issue a writ of restitution prior to a trial under RCW 59.12.090, then the court has the implied power under RCW 2.28.150 to order a show cause hearing.  I can see that and it's probably not worth it to fight it, especially in light of the fact that judges do not seem to like being told they can't do something (and I'd be appearing in front of the judge of signed the order for show cause hearing).    In my case, the attorney made several generic pleadings without citation.  I appreciate your input Garl.


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From: K. Garl Long <Garl at longlaw.biz>
Sent: Monday, November 4, 2019 3:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Paul Neumiller <pneumiller at hotmail.com>
Subject: Re: [WSBARP] Commercial UD Gurus


Have used the following "This motion is based upon the records and files herein, including the Summons, Complaint, Declaration of Service, RCW 59.12.090, and RCW 2.28.150." using 2.28.150 supports the remedy.  Have not faced a challenge.

K. Garl Long

On 11/04/2019 02:48 PM, Paul Neumiller wrote:

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9 reported cases in CaseMaker in which there were show cause hearings in connection with commercial leases (mostly unpublished cases, of course), maddeningly, none of the cases give the actual legal authority to order a show cause hearing.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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