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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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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a de novo standard should be applied. We leave for another day which standard should be applied

to the second step—the superior court decisions made at a show cause hearing about “other relief.”

IV. APPLYING AN ABUSE OF DISCRETION STANDARD OF REVIEW

Applying an abuse of discretion standard here, we conclude that the superior court did not

err when it authorized the issuance of a writ of restitution without a trial on that issue.

It is an abuse of discretion when a superior court’s ruling is manifestly unreasonable or is

based upon untenable grounds or reasons. Taylor v. Ebenger, 34 Wn. App. 2d 497, 505, 569 P.3d

340 (2025). A superior court’s decision does not rise to the level of an abuse of discretion simply

because the reviewing court might have decided the issue differently—it is an abuse of discretion

only if “ ‘no reasonable judge would have reached the same conclusion.’ ” State v. Comcast Cable

Commc’ns Mgmt., LLC, 16 Wn. App. 2d 664, 676, 482 P.3d 925 (2021) (quoting Sofie v.

Fibreboard Corp., 112 Wn.2d 636, 667, 771 P.2d 711, 780 P.2d 260 (1989)).

Here, the Jorgensens argue that the superior court erred, in large part, by failing to apply a

rebuttable presumption of retaliation found in the RLTA. Under the RLTA, if a landlord initiates

an eviction within 90 days of the tenant making a good faith, lawful demand for repairs, then there

is a rebuttable presumption that the landlord’s eviction notice was an act of retaliation against the

tenant. RCW 59.18.250. The RLTA defines a “retaliatory action” as an action taken by the

landlord, including eviction, that was “intended primarily to retaliate against a tenant because of

the tenant’s good faith and lawful” complaint or report to a government agency. RCW 59.18.240.