California Appellate Tracker

Moore v. Urquhart

September 27, 2018

Washington's unlawful detainer statute violates due process insofar as it permits summary issuance of a writ of restitution without hearing if the landlord claims non-payment of rent and the tenant fails to file a timely, sworn written statement in dispute.

Washington’s unlawful detainer statute (RCW 59.18.375) is held to violate due process insofar as it permits issuance of a writ of restitution without a court hearing if the landlord claims the right to evict based on non-payment of rent and the tenant fails to file a timely, sworn written statement disputing the amount allegedly owed.

Ninth Circuit Court of Appeals (Watford, J.); August 16, 2018; 2018 U.S. App. LEXIS 22784

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Moore v. Urquhart

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