Faciszewski v. Brown (2016)

Citation: Faciszewski v. Brown (2016)
Parent Document: Faciszewski v. Brown (2016)
Jurisdiction: Washington (state)
Effective Date: 2016-12-22
Original Source: https://www.courtlistener.com/opinion/4332981/faciszewski-v-brown/ ↗

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          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 oflaw."' (quoting CR 56(c))).
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          In this context, "owner" is synonymous with "landlord." See RCW 59.18.030(14)
(defining "landlord" as "the owner . . . of the dwelling unit"); SMC 22.204.160(D)
(defining "owner" as "any person who ... has title or interest in any building"). -8-
Faciszewski, et al. v. Brown, et al., 92978-5

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