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

Fri Jul 10 17:48:10 PDT 2020

Not a pro tem. Long standing commissioner in King-KNT.

On Fri, Jul 10, 2020 at 5:44 PM Roger Hawkes <Roger at law-hawks.com> wrote:

> Was the Commish a pro tem?
>
>
>
> Roger Hawkes, WSBA # 5173
>
> *Shoreline* Office: 19944 Ballinger Way NE
>
>                                 Shoreline, WA 98155
>
> *Sultan* Office:        423 Main
>
>                                  Sultan, WA 98294
>
>
>
> Phone: 206 367 5000; fax: 206 367 4005
>
> Email: roger at law-hawks.com
>
> Web site: www.hawkeslawfirm
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Lanza
> *Sent:* Friday, July 10, 2020 5:15 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Commissioner turns a Show Cause hearing into a
> "trial" - anyone have experience with this?
>
>
>
> Wow! I’ve never seen that before...
>
>
>
> The show cause is supposed to be treated like a Landlord’s summary
> judgment hearing. If there is no genuine issue of material fact, plaintiff
> gets the writ. If there is a genuine issue of fact, the writ doesn’t issue
> and the matter proceeds to trial. Dismissal at show cause? Yikes...
>
>
>
>  I read the last paragraph of 59.18.380...
>
>
>
> “If [at the show cause hearing] it appears to the court that the plaintiff
> should not be restored to possession of the property, the court shall deny
> plaintiff's motion for a writ of restitution and enter an order directing
> the parties to proceed to trial within thirty days on the complaint and
> answer.”
>
>
>
> Eric J Lanza
>
> Buzzard O’Rourke P.S.
>
>
>
> Sent from my iPhone
>
>
>
> On Jul 10, 2020, at 4:54 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
> wrote:
>
> 
>
> 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|
> <kaitlyn at dimensionlaw.com%7C>* www.dimensionlaw.com
>
>
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-- 
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*|
www.dimensionlaw.com

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
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