[WSBARP] Question about a client liability during review of unlawful detainer

[msafren at jennylinglaw.com]

Hello Unlawful Detainer Gurus,

 

I have a question for you and I'm curious if any of you have some experience
or guidance on a review of a commissioner's ruling and order in an unlawful
detainer hearing.

 

Facts:

My client obtained a writ of restitution as part of the order for default
and default judgment due to the tenant's failure to respond to the summons
and complaint.

 

Writ was served and tenant hired counsel that obtained a temporary stay and
an order for a show cause hearing via an ex-parte motion.

 

At the mandated show cause hearing, my client prevailed again and the
commissioner signed the order lifting the stay and extending the issued
writ.

 

Tenant has now submitted a motion for review of the commissioner's decision
and signed order lifting the stay and extending the writ and ask the court
for the relief of the setting of a trial. 

 

Questions:

 

1.	What is the landlord's liability for moving forward with the Writ
and completing the lock out while the commissioner's decision is under
review as the hearing is not scheduled to take place until well after the
lockout could be accomplished? LCR 7(b)(8)(iv) states that "the
commissioner's written order shall remain in effect pending the hearing on
revision unless ordered otherwise by the assigned Judge, or, for unassigned
cases, the Respective Chief Judge."  Therefore, the commissioner's order
lifting the stay and allowing the eviction to continue is still in effect
and if my client proceeds with the lockout/ eviction it would be, as I
understand it, within my client's legal rights to do so.  I'm unclear if the
tenant could file suit against my client to allow restoration of the
tenant's right to the premises if the review is granted and potentially sue
for damages for dispossession.  

 

2.	As from awaiting for the court's notice that they will accept a
response, is there anything I can or should do to know whether I am allowed
to file a response?  Per LCR 7(B)(8) No response shall be filed unless
authorized by the court.  If a response is called for, a reply may be filed
within two court days of service of the response.

 

Thank you all in advance.. 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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