Skip to main content
INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (51)

Full Text

1,490 chars
As the Northwest Justice Project’s amicus brief explains, the show cause hearing has characteristics of both a preliminary injunction and a summary judgment proceeding. Br. of Amicus Curiae Nw. Justice Project at 12-14; compare RCW 59.18.380 (at the show cause hearing, “[t]he court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the [landlord] has the right to be restored to possession of the property [on the merits], the court shall enter an order directing the issuance of a writ of restitution” (emphasis added)), with Rabon v. City of Seattle, 135 Wn.2d 278, 285, 957 P.2d 621 (1998) (“In deciding whether a party [seeking relief through a preliminary injunction] has a clear legal or equitable right, the court examines the likelihood that the moving party will prevail on the merits. An injunction will not be issued in a doubtful case.” (emphasis added) (citations omitted)); compare RCW 59.18.380 (at the show cause hearing, “if it shall appear to the court that there is no substantial issue of material fact of the right of the [landlord] to be granted other relief . . . the court may enter an order and judgment” (emphasis added)), with Dean v. Fishing Co. of Alaska, Inc., 177 Wn.2d 399, 405, 300 P.3d 815 (2013) (“Summary judgment is appropriate if “there is no genuine issue as to any material fact’ and ‘the moving party is entitled to a judgment as a matter of law.’ ” (quoting CR 56(c))).