Faciszewski v. Brown, 187 Wash. 2d 308 (2016)

Citation: Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Parent Document: Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Jurisdiction: Washington (state)
Effective Date: 2016-12-22
Original Source: https://www.courtlistener.com/opinion/4911050/faciszewski-v-brown/ ↗

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*321¶23 SMC 22.206.160(C)(1) provides that a tenant cannot be evicted without having the opportunity for a show cause hearing. A show cause hearing must be meaningful, as it is the first (and sometimes the only) step of the eviction process in which the tenant is able to participate. See, e.g., Leda v. Whisnand, 150 Wn. App. 69, 83, 207 P.3d 468 (2009) (a tenant “subject to an action for unlawful detainer [must] be afforded ‘a meaningful opportunity to be heard’ ” (quoting Carlstrom v. Hanline, 98 Wn. App. 780, 790, 990 P.2d 986 (2000))). The Court of Appeals acknowledged this point: “Although a show cause hearing is not the final determination of the rights of the parties in an unlawful detainer action, the trial court frequently decides the necessity of a trial at the hearing. As occurred here, the show cause hearing often provides the only opportunity for a tenant to present any evidence.” Faciszewski, 192 Wn. App. at 446 (emphasis added) (footnote omitted). At a show cause hearing, “[t]he court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer.” RCW 59.18.380. The court may not “disregard evidence that credibly supports a legitimate defense.” Leda, 150 Wn. App. at 81. Otherwise, RCW 59.18.380 would be rendered meaningless, “nothing more than a requirement that superior courts hold perfunctory and purposeless hearings on matters to be decided solely on the pleadings.” Id. at 84.

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