1930 Llc, V. Terry Jackson, 565 P.3d 572 (2025)

Citation: 1930 Llc, V. Terry Jackson, 565 P.3d 572 (2025)
Parent Document: 1930 Llc, V. Terry Jackson, 565 P.3d 572 (2025)
Jurisdiction: Washington (state)
Effective Date: 2025-03-11
Original Source: https://www.courtlistener.com/opinion/10354176/1930-llc-v-terry-jackson/ ↗

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       [T]he proper procedure by which a trial court should conduct a[ ] . . . show cause
       hearing is as follows: (1) the trial court must ascertain whether either the defendant’s
       written or oral presentations potentially establish a viable legal or equitable defense
       to the entry of a writ of restitution; and (2) the trial court must then consider
       sufficient admissible evidence (including testimonial evidence) from parties and
       witnesses to determine the merits of any viable asserted defenses. Because RCW
       59.18.380 contemplates a resolution of the issue of possession based solely on the
       show cause hearing, either the court must manage its examination [of parties and
       witnesses] in a sufficiently expeditious manner to accommodate its calendar while
       still preserving the defendant’s procedural rights or it must briefly set the matter over
       for a longer show cause hearing in which those rights are respected.

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