Wash. Court of Appeals published opinion — 389189_pub.pdf

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writ of restitution at the same time as commencing the action or at any time thereafter.”

Id. at 157. Under the RLTA, the court will not enter an order directing the issuance of a

writ of restitution without first conducting a show cause hearing. RCW 59.18.370-.380.

A show cause hearing is a summary proceeding to determine the question of

possession pending suit; it is not a final determination of the parties’ rights. Randy

Reynolds, 193 Wn.2d at 157 (quoting Carlstrom v. Hanline, 98 Wn. App. 780, 788, 990

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

P.2d 986 (2000)). “At the show cause hearing, the court will determine if the landlord is

entitled to a writ of restitution before a trial on the complaint and answer.” Randy

Reynolds, 193 Wn.2d at 157 (citing RCW 59.18.380). This opportunity for immediate

temporary relief makes the show cause process similar to a preliminary injunction

proceeding. See Faciszewski v. Brown, 187 Wn.2d 308, 315 n.4, 386 P.3d 711 (2016).

A show cause hearing is a summary proceeding, but it is also fairly substantial.

At the hearing, “[t]he court shall examine the parties and witnesses orally to ascertain

the merits” of the case. RCW 59.18.380. The rules of evidence apply. Pleasant, 126 Wn.

App. at 392. The court may restore the landlord to possession at the close of the hearing if

it appears the landlord will likely prevail on the merits. See Webster v. Litz, 18 Wn. App.

2d 248, 250, 252-53, 491 P.3d 171 (2021) (citing RCW 59.18.380). However, if the

landlord does not convince the court that it is likely to succeed and therefore entitled to

immediate possession, the court must deny the writ of restitution and hold an expedited