[WSBARP] Commissioner turns a Show Cause hearing into a "trial" - anyone have experience with this?

[Eric Nelsen]

Sorry Kaitlyn-that must have been really frustrating. If anyone has war stories or tips to share, please do share to the list if you're comfortable with that. This is definitely new territory for everybody, and it would be great to know something about how the commissioners are approaching it.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, July 10, 2020 4:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Commissioner turns a Show Cause hearing into a "trial" - anyone have experience with this?

Brain trust -

I just had a bizarre experience in front of a King County Commissioner for what was supposed to be a show cause hearing for an unlawful detainer based on a 3 day notice to quit for waste and nuisance and in compliance with Proc. 20-19.2 arguing that the defendant's conduct put the immediate health and safety of other tenants at risk. The hearing was initially set for Wednesday. At the phone conference, the Commissioner asked the Defendant if she's spoken to HJP. Defendant had not, so the Commissioner ordered a continuance until today (without even asking me or my client if we would be available today - but I digress). Of course, HJP did not represent this defendant. So, at the hearing this morning, the Commissioner said that the police reports and declarations I attached to the Complaint were "hearsay" unless the police and the witnesses were present to testify. Frankly, I told the court I was surprised by the process as presenting witnesses in that manner (other than the Plaintiff) was usually only required or trial and not for a simple show cause hearing (especially for having police testify). I asked the Commissioner if he was setting the case for trial and he said "this is trial." Well, ultimately without being able to present my evidence, the Commissioner dismissed the case based on lack of evidence.

Yes I completely disagree with the court's conclusion. Frankly, it begs the question, "how many drug needles left around the common areas are needed in order to conclude that the health and safety of others is at risk?"

But the real issue I'm having here is the fact that I don't know how to prepare for a show cause hearing that can be sua sponte declared a trial without notice or an opportunity to prepare evidence. This is especially true since the court can continue the scheduled hearings without asking about availability if I'm expected to bring witnesses to testify.

I know I can do a motion for revision or a motion for reconsideration. I think a reconsideration is a waste of time and resources. I may have more luck with a revision but it seems like we are living in West World right now so it feels like "anything goes" especially if your opponent is pro se.

Has anyone else had a situation like this arise? Is anyone willing to lend some tips for managing the next steps?

I really appreciate any tips, stories, or ideas.

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

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