[WSBARP] Commercial UD Gurus

Tue Nov 5 07:08:35 PST 2019

Agreed the statutes are not 100% clear on the issue but it’s the section
I’ve seen cited in the past.

Also, the inherent equitable power of the courts to set hearings.

Attorney Robert R Rowley

W: (509) 252-5074

M: (509) 994-1143

rob at rowleylegal.com

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Paul Neumiller
*Sent:* Monday, November 4, 2019 3:27 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Commercial UD Gurus

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

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 <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
*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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