Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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review; the Egberts contend we should apply an abuse of discretion standard.

1
Clerk’s Papers at 281-85 (Findings of Fact and Conclusions of Law, Judgment and Order for
Writ of Restitution (July 8, 2024)).
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60448-5-II

Notwithstanding the various issues raised by the parties, the narrowness of the superior

court’s order limits our review to the issuance of the Writ of Restitution. For this specific

decision—a decision related to a writ of restitution at a show cause hearing—we hold that the

appropriate standard of review is abuse of discretion. Applying this standard to the specific facts

of this case, including that the eviction was based on the owner needing to occupy the property,

we hold that the superior court did not err. Thus, we affirm and award attorney fees on appeal to

the Egberts.

FACTS

I. BACKGROUND

Scott and Janelle Egbert have owned the property on East Road of Tralee in Shelton since

around 2018. Scott suffers from mental health and drug use challenges, so Scott’s mother, Fay

Jackson, acts as Scott’s attorney-in-fact and helps him manage his properties and affairs. Jackson

also acted as Janelle Egbert’s attorney in fact. During the entire time that the Egberts have owned

the Tralee property, Richard and Hailey Jorgensen have been tenants there. As of December 2021,

the Egberts charged the Jorgensens $1,450 in monthly rent.

A. THE JORGENSENS’ RENTAL PAYMENTS BETWEEN DECEMBER 2021 AND AUGUST 2023

In December 2021, the Jorgensens stopped paying their rent. In February 2022, the

Jorgensens obtained rental assistance and were able to pay $4,800 to the Egberts, which covered