[WSBARP] Commercial UD Gurus

[Paul Neumiller]

Yeah, I saw that section but it doesn’t refer to a show cause hearing like Chapter 59.18.  In the WA Residential LL/T law there is extensive provisions about timing, form of notice, etc. but RC 59.12.090 is silent regarding an actual show cause hearing.  As far as RCW 58.12.090 is concerned, a LL should be able to obtain the Writ ex-parte as long as the LL posts the bond.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Monday, November 4, 2019 3:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Commercial UD Gurus

IRCW 59.12.090. Setting a show cause hearing at commencement of the action.

Attorney Robert R Rowley
W: (509) 252-5074
M: (509) 994-1143
rob at rowleylegal.com<mailto:rob at rowleylegal.com>


RCW 59.12.090<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.12.090&data=02%7C01%7C%7Ca4e8846edbb34b2ef3f008d7617db4c8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637085064860535525&sdata=EzQn8%2BTevrig2yOEtAlHao%2FVmwk7dHahAgWqOQLUlOM%3D&reserved=0>
Writ of restitution—Bond.
The plaintiff at the time of commencing an action of forcible entry or detainer or unlawful detainer, or at any time afterwards, may apply to the judge of the court in which the action is pending for a writ of restitution restoring to the plaintiff the property in the complaint described, and the judge shall order a writ of restitution to issue. The writ shall be issued by the clerk of the superior court in which the action is pending, and be returnable in twenty days after its date; but before any writ shall issue prior to judgment the plaintiff shall execute to the defendant and file in court a bond in such sum as the court or judge may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out.




From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Monday, November 4, 2019 2:49 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Commercial UD Gurus


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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