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Wash. Court of Appeals published opinion — D2 52222-5-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 52222-5-II Published Opinion.pdf
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Washington (state)
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for a writ and provides that the court shall ascertain the merits of the complaint and answer, and

that the court shall either deny the motion or order the issuance of the writ. RCW 59.18.380. If

there are genuine issues of material fact regarding possession or defenses raised by the tenant, the

court sets the matter for trial. RCW 59.18.380.

The commissioner or the court may not “disregard evidence that credibly supports a

legitimate defense.” Leda, 150 Wn. App. at 81. A tenant who raises a viable defense is entitled

to testify in support of that defense. Leda, 150 Wn. App. at 82. The court must give the defendant

a “‘meaningful opportunity to be heard.’” Leda, 150 Wn. App. at 83 (quoting Carlstrom, 98 Wn.

App. at 790). However, RCW 59.18.380 allows a court or commissioner to “limit testimony to

that which is strictly necessary to properly decide the issue of interim possession of the property.”

Leda, 150 Wn. App. at 83.

Article 4, section 23 of the Washington Constitution and RCW 2.24.050 provide that all

acts and proceedings of court commissioners are subject to review by the superior court. The party

seeking review must do so in writing within ten days after the entry of an order or judgment by the

commissioner. RCW 2.24.050. The superior court has the authority to review the “records of the

case and a commissioner’s findings of fact and conclusions of law.” Perez v. Garcia, 148 Wn.

App. 131, 138, 198 P.3d 539 (2009) (citing WASH. CONST. art. IV, § 23; RCW 2.24.050). “Under

RCW 2.24.050, the findings and orders of a court commissioner not successfully revised become

the orders and findings of the superior court. A court’s order denying a motion to revise constitutes

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