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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Faciszewski v. Brown (2016)

Citation
Faciszewski v. Brown (2016)
Parent Document
Faciszewski v. Brown (2016)
Jurisdiction
Washington (state)
Effective Date
2016-12-22

Other Sections in This Document (307)

Full Text

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          While the Court of Appeals awarded fees pursuant to RCW 59.18.290(2), it is
unclear which provision the superior court relied on. Landlords cited to RCW 59.18.410
at the superior court, CP at 263, and again cite to that provision in their briefing, Suppl. Br.
ofResp'ts at 19. RCW 59.18.410 provides, "If upon the trial the verdict of the jury or, if
the case be tried without a jury, the finding of the court be in favor of the [landlord] ... the
court may award statutory costs and reasonable attorney's fees." That provision further
states, "This section also applies if the writ of restitution is issued pursuant to a final
judgment entered after a show cause hearing conducted in accordance with RCW
59.18.380." Both provisions appear to support an award of attorney fees to the prevailing
landlord. -20-
Faciszewski, et al. v. Brown, et al., 92978-5