1930 Llc, V. Terry Jackson
565 P.3d 572
Wash. Ct. App.2025Background
- The case involves 1930 LLC (landlord) seeking to evict Terry and Beverly Jackson (tenants) from property at 33 Bennett Lane, Oakville, alleging non-payment of rent and a month-to-month tenancy starting in 2014.
- The Jacksons stopped paying rent in January 2023, and 1930 LLC served both 14-day and 90-day notices to pay or vacate, then filed an unlawful detainer action in July 2023.
- The Jacksons, unrepresented, responded to the eviction complaint with several written filings arguing they had a lease-to-own with another entity and had never dealt with 1930 LLC.
- The trial court continued an initial show cause hearing to give the Jacksons time to find an attorney, but ultimately entered a default judgment and writ of restitution against the Jacksons due to their failure to file a formal answer.
- The Jacksons appealed, arguing that the default judgment and attorney fee award were improper because the procedural requirements for show cause hearings under RCW 59.18.380 were not followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Requirement of Formal Written Answer | Jacksons failed to submit a formal written answer, justifying default | Statute allows oral or informal written answer at show cause hearing | Default judgment improper; tenant can respond orally or informally |
| Conduct of Show Cause Hearing | Court followed proper process; default due to lack of formal answer | Show cause hearing must allow tenant to be heard on defenses | Hearing did not satisfy statutory requirements; judgment reversed |
| Award of Attorney Fees | Fees appropriate as prevailing party after judgment | Fees should not issue since default/judgment were improper | Fee award vacated as premature pending new hearing |
| Appeal Procedure | Jacksons should have moved for reconsideration/vacation first | Appeal appropriate without such motions | No procedural bar to appeal; court considers merits |
Key Cases Cited
- Christensen v. Ellsworth, 162 Wn.2d 365 (Wash. 2007) (Unlawful detainer actions are special proceedings distinct from general civil actions)
- Faciszewski v. Brown, 187 Wn.2d 308 (Wash. 2016) (RLTA governs show cause hearing procedure and favors a tenant's ability to participate)
- Randy Reynolds & Assoc., Inc. v. Harmon, 193 Wn.2d 143 (Wash. 2019) (Eviction statutes strictly construed in favor of tenants)
- Dloughy v. Dloughy, 55 Wn.2d 718 (Wash. 1960) (Preference for resolving cases on the merits rather than default)