Frances Du Ju, V Maurice Lacombe
48992-9
| Wash. Ct. App. | Aug 22, 2017Background
- Ju rented a room via an online service for $39/day beginning October 8, 2015 and later agreed to pay Lacombe directly each evening.
- Ju stopped paying rent for February and March 2016 but remained in possession of the room.
- Lacombe served a pay-or-vacate notice (March 12) and then filed an unlawful detainer complaint and motion for a writ of restitution (April 7), seeking $2,925 in back rent, $800 attorney fees, and costs.
- At the April 15 show-cause hearing the court heard testimony, found Ju in wrongful possession, entered judgment for unpaid rent plus interest, awarded $800 attorney fees and $250 costs, and issued a writ of restitution; Ju vacated the premises.
- Ju moved to reconsider and to amend the judgment under CR 59; the trial court denied relief. Ju appealed, arguing denial of a jury trial, procedural rule violations, improper fee award, and other claims.
Issues
| Issue | Plaintiff's Argument (Ju) | Defendant's Argument (Lacombe) | Held |
|---|---|---|---|
| Right to jury trial in unlawful detainer | Show-cause hearing converted to a full trial denying Ju a jury and due process | Show-cause hearing is a summary statutory proceeding limited to possession issues; no jury is required absent genuine factual disputes | Court: No jury right where no genuine issue of material fact; summary show-cause hearing proper |
| Compliance with CR 52(c) and CR 54(f)(2) (notice of proposed findings/orders) | Trial court signed findings and conclusions without five days’ notice and they didn’t reflect Ju’s contentions | Findings mirrored plaintiff’s complaint and were entered at the hearing while Ju was present, satisfying the rules’ exceptions | Court: No violation — rules’ timing exception applies and findings are verities on appeal |
| Attorney fees award above $200 | RCW 4.84.080 limits fees to $200 | RCW 59.18.290(2) entitles prevailing landlord in holdover unlawful detainer to reasonable fees; for damages ≤ $10,000 trial court sets reasonable fees under RCW 4.84.250 | Court: Fee award proper under unlawful detainer statute and fee-setting rules |
| Request for appellate costs | (N/A) Ju did not seek costs on appeal | Lacombe requested $500 for appellate work but failed to comply with RAP 18.1 briefing requirements | Court: Denied appellate costs for Lacombe due to noncompliance with RAP 18.1 |
Key Cases Cited
- Leda v. Whisnand, 150 Wn. App. 69, 207 P.3d 468 (2009) (unlawful detainer under chapter 59.18 is a special statutory proceeding focused on possession)
- Phillips v. Hardwick, 29 Wn. App. 382, 628 P.2d 506 (1981) (summary nature and limited scope of unlawful detainer proceedings)
- Carlstrom v. Hanline, 98 Wn. App. 780, 990 P.2d 980 (2000) (show-cause summary proceedings do not violate tenant’s due process)
- Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801, 828 P.2d 549 (1992) (unchallenged findings and conclusions are verities on appeal)
- Faciszewski v. Brown, 187 Wn.2d 308, 386 P.3d 711 (2016) (prevailing party in an unlawful detainer action may recover costs and reasonable attorney fees)