[WSBARP] Amending UDA Complaint

[Kaitlyn Jackson]

RCW 59.12.150 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.150>
Amendment to conform to proof.
When upon the trial of any proceeding under this chapter it appears from
the evidence that the defendant has been guilty of either a forcible entry
or a forcible or unlawful detainer, in respect of the premises described in
the complaint, and other than the offense charged in the complaint, the
judge must order that such complaint be forthwith amended to conform to
such proofs; such amendment must be made without any imposition of terms.
No continuance shall be permitted on account of such amendment unless the
defendant shows to the satisfaction of the court good cause therefor.

RCW 59.12.160 Amendments.
Amendments may be allowed by the court at any time before final judgment,
upon such terms as to the court may appear just, in the same cases and
manner and to the same extent as in civil actions.

On Wed, Sep 7, 2022 at 11:42 AM <Jeff at bellanddavispllc.com> wrote:

> Prior counsel filed a UDA, in 2021 using, first, a three-day notice to pay
> rent or vacate, then a ten-day notice.  The proceeding was delayed, not
> because of the notices, but because the State had yet to fund the court
> appointed attorneys for indigent tenants.  Subsequently, prior to my
> involvement, in the probate for the landlord, the personal representative,
> in 2022, served the 14 day notice to pay or vacate with the required ERPP
> notices and served the Dispute Resolution Center.  Subsequently, we
> received the Dispute Resolution Certificate.  Question, can I amend the
> prior pleadings, rather than start a new UDA?  Its interesting to note, the
> Tenant did not respond to the initial complaint.  An alleged caregiver did
> respond asserting the right to stay on the property.  The caregiver, I
> guess, would fall under the “any other occupant” part of the complaint, so
> any amendment would require a notice and hearing.   Any thoughts?
>
>
>
> Jeff
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
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-- 

Thank you,



Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

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