trial date, the superior court did not err.
We review a decision to strike a trial date in an unlawful detainer action for an abuse of
discretion. Thompson v. Butler, 4 Wn. App. 452, 455, 482 P.2d 791 (1971). Under RCW
59.18.380, the court has the discretion to determine if trial is necessary “[i]f it appears to the court
that there is a substantial issue of material fact.”
A trial is proper only when there are genuine issues of material fact regarding possession
or defenses raised by the tenant. RCW 59.18.380. Here, there were no genuine issues of material
fact remaining for trial as Guy and Mattler do not assert a right of possession. RCW 59.18.380.
Therefore, it was proper for the commissioner to strike the trial date. Accordingly, we hold that
after granting the writ and determining that there were no genuine issues of material fact remaining
5
Because Guy and Mattler do not prevail, we do not address this argument.
13
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No. 52222-5-II
for trial, the commissioner did not err by striking the trial date, and thus, the superior court did not
err by adopting the commissioner’s decision.
ATTORNEY FEES
Guy and Mattler request an award of attorney fees on appeal under RAP 18.1 and RCW
59.18.250. Tedford requests an award of attorney fees on appeal under RAP 18.1 and RCW
59.18.410.
RAP 18.1 authorizes a party to recover reasonable attorney fees and expenses so long as
the party “request[s] the fees or expenses” and “applicable law grants to a party the right to
recover.” RAP 18.1(a). The party must do so in a separate section of his or her opening brief.
RAP 18.1(b). We will award attorney fees to the prevailing party “only on the basis of a private