Palouse Family Apartments, LLC v. Haydn Lieseke
CourtCourt of Appeals of Washington
Date FiledOctober 20, 2026
Docket41223-7
StatusUnpublished
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Full Opinion
FILED
OCTOBER 20, 2026
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
PALOUSE FAMILY APARTMENTS, ) No. 41223-7-III
LLC, a Washington limited liability )
company, a/k/a COPPER HILL )
APARTMENTS, )
)
Appellant, )
)
v. ) UNPUBLISHED OPINION
)
HAYDN LIESEKE, and all other )
occupants of 3210 E. 44th Ave., #J206, )
Spokane, WA, )
)
Respondent. )
LAWRENCE-BERREY, J. — In this unlawful detainer dispute, Palouse Family
Apartments (PFA) appeals the trial court’s reduced attorney fee award to it. Haydn
Lieseke cross-appeals and argues the trial court erred in entering a money judgment in
favor of PFA because the court never had personal jurisdiction over her. We agree,
reverse, and decline to address the other issues raised by the parties.
FACTS
PFA sought to evict its tenant, Haydn Lieseke, for nonpayment of three months of
rent. It elected to post the unlawful detainer summons and complaint on the front door to
her rental unit rather than to serve her personally. At the time of the posting, PFA had
No. 41223-7-III
Palouse Family Apartments v. Lieseke
not filed its summons and complaint with the court. The summons provided Lieseke with
instructions for how to respond with a notice of appearance.
Lieseke mailed her notice of appearance in accordance with the summons’
instructions to PFA’s attorney. Lieseke included a typed note with her notice of
appearance, explaining she had attempted to pay, but PFA rejected the payment because
it did not include the current month’s rent. She also said she had enough funds to pay the
full amount of rent owed.
One week later, PFA filed the summons and complaint with the court and applied
for and obtained a hearing to show cause (1) why a writ of restitution should not be
issued restoring PFA to possession, and (2) why judgment should not be entered for PFA
for amounts owing, including its reasonable attorney fees. As part of its filings, PFA
filed Lieseke’s notice of appearance and her typed note.
Lieseke failed to appear at the show cause hearing, and the trial court ordered that
a writ of restitution be issued and a judgment be entered for the relief requested in PFA’s
complaint, including its request for attorney fees. Soon after, PSA’s counsel filed an
attorney fee declaration, setting forth its fee and cost requests. Around this time, Lieseke
was served with the writ of restitution.
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Lieseke then appeared with counsel and sought to stay the writ. In her
accompanying declaration, she demonstrated she had tendered to PFA the amount stated
in the 30-day notice to pay rent, but PFA rejected payment and demanded that Lieseke
also pay the current month’s rent. Lieseke also disputed that she received notice of the
show cause hearing and asserted she had certified funds to pay the total amounts
requested by PFA, excluding its attorney fees.1
Soon after, Lieseke modified her motion to stay for one to quash the writ and
reinstate her tenancy. In her motion, she argued reinstatement was required under
RCW 59.18.410(2) and that reinstatement should not be “Held Hostage” because PFA
was demanding its attorney fees. Clerk’s Papers (CP) at 207 (boldface omitted). Citing
RCW 59.18.055(2), she argued PFA was not entitled to a money judgment because she
had not been personally served with the unlawful detainer summons and complaint.
Also, citing RCW 59.18.290(3), she argued PFA was not entitled to attorney fees because
PFA was not entitled to a judgment.2 In response, PFA argued that a money judgment
1
The rent owed was readily determinable, and the allowed costs were known
because they were included in opposing counsel’s fee and cost declaration.
2
At the time, the court had issued an order (1) granting PFA a writ of restitution
restoring possession to it, and (2) determining that PFA was entitled to the relief
requested in its complaint. No judgment had been entered yet.
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could be entered because the court had gained personal jurisdiction over Lieseke by her
requesting affirmative relief—that her tenancy be reinstated. It also argued that
reinstatement was not permitted before entry of judgment and that entry of judgment
would entitle it to attorney fees.
The trial court concluded that reinstatement could occur prior to judgment and
granted Lieseke’s request for reinstatement conditioned on her paying the amounts owed.
However, the court refused to condition reinstatement on Lieseke paying PFA’s attorney
fees. Rather, it concluded it could enter judgment for PFA for its reasonable attorney
fees in accordance with RCW 59.18.290(3).
Later, the parties argued the amount of PFA’s reasonable attorney fees. The court
reduced PFA’s requested fees by 90 percent, reasoning that counsel’s briefing would
“benefit[ ] other [of his] clients and other cases” and presumably would be recoverable in
those cases. CP at 288.
PFA appealed, and Lieseke cross-appealed.
ANALYSIS
Lieseke argues the trial court erred in awarding a money judgment in favor of PFA
because the trial court never obtained personal jurisdiction over her. The parties raise
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other issues but because Lieseke’s first argument is dispositive, we do not decide those
other issues.
The dispositive issue requires an examination of RCW 59.18.055, which provides
in relevant part:
RCW 59.18.055 Notice—Alternative procedure—Court’s
jurisdiction limited—Application to chapter 59.20 RCW. (1) When the
landlord, after the exercise of due diligence, is unable to personally serve
the summons on the tenant, the landlord may use the alternative means of
service as follows:
(a) The summons and complaint shall be posted in a conspicuous
place on the premises unlawfully held, not less than nine days from the
return date stated in the summons; and
(b) Copies of the summons and complaint shall be deposited in the
mail, postage prepaid, by both regular mail and certified mail directed to
the tenant’s or tenants’ last known address not less than nine days from the
return date stated in the summons.
(2) When service on the tenant or tenants is accomplished by this
alternative procedure, the court’s jurisdiction is limited to restoring
possession of the premises to the landlord and no money judgment may be
entered against the tenant or tenants until such time as jurisdiction over the
tenant or tenants is obtained.
(Emphasis added.)
Lieseke contends the court never obtained personal jurisdiction over her and thus
it could not enter a money judgment against her. PFA counters that Lieseke consented to
the court’s jurisdiction by seeking affirmative relief—reinstatement of her tenancy.
Before we address the jurisdiction-by-consent issue, we address PFA’s prefatory
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argument that Lieseke should not be entitled to raise “lack of personal jurisdiction” for
the first time on appeal.
1. Lieseke raised the trial court’s lack of personal jurisdiction below
Lack of jurisdiction may be raised for the first time on appeal. RAP 2.5(a)(1).
But lack of personal jurisdiction may be waived as provided in CR 12(h). See Robb v.
Kaufman, 81 Wn. App. 182, 188, 913 P.2d 828 (1996) (citing In re Marriage of Parks,
48 Wn. App. 166, 170, 737 P.2d 1316 (1987), discussing CR 12).
We need not engage in a CR 12(h) analysis because Lieseke raised the trial court’s
lack of personal jurisdiction in her motion to quash the writ and reinstate tenancy, which
stated in relevant part:
Plaintiff’s refusal to accept the reinstatement amount without the voluntary
payment of alleged attorney fees is unsupported by RCW 59.18 et seq. See
RCW 59.18.055(2) (“When service on the tenant or tenants is accomplished
by this alternative procedure, the court’s jurisdiction is limited to restoring
possession of the premises to the landlord and no money judgment may be
entered against the [tenant] or tenants until such time as jurisdiction over
the tenant or tenants is obtained.”).
CP at 207-08. We now address the dispositive issue.
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2. The trial court never obtained personal jurisdiction over Lieseke
PFA argues that Lieseke consented to personal jurisdiction by requesting
affirmative relief—asking the trial court to reinstate her tenancy. We disagree that this
request caused Lieseke to consent to personal jurisdiction over her.
Courts will recognize a waiver of a jurisdictional defense if a defendant acts
inconsistently with that defense. Lybbert v. Grant County, 141 Wn.2d 29, 38-39, 1 P.3d
1124 (2000); Castellon v. Rodriguez, 4 Wn. App. 2d 8, 15, 418 P.3d 804 (2018).
Sometimes, the inconsistent act is requesting affirmative relief. See, e.g., Parks, 48 Wn.
App. at 170 (divorcing husband sought his military pension and original dissolution court
awarded entire pension to husband). Here, Lieseke never acted inconsistently with her
jurisdictional defense: throughout the proceedings Lieseke consistently argued that a
money judgment could not be entered against her because the proceeding was instituted
against her by alternative service under RCW 59.18.055, and the court’s lack of personal
jurisdiction over her limited PFA’s remedy to restoration of the premises.
In addition, the type of “affirmative relief” that would constitute a waiver of a
jurisdictional defense has been clarified since Parks. Recently, in In re Recall of Suggs,
4 Wn.3d 511, 517, 565 P.3d 927 (2025), the court reiterated, “[a]ffirmative relief” is
relief for which the defendant might maintain an action independent of plaintiff’s claim.
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Here, Lieseke could not have sought reinstatement of her tenancy in an action
independent of the unlawful detainer proceeding.
We conclude that the trial court lacked personal jurisdiction over Lieseke and
that Lieseke did not later consent to the court’s personal jurisdiction over her. Under
RCW 59.18.055(2), the trial court lacked authority to enter a money judgment, including
a judgment for attorney fees, against Lieseke.3
Reversed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________
Lawrence-Berrey, J.
WE CONCUR:
______________________________ _________________________________
Murphy, J. Hill, J.
3
PFA argues that former RCW 59.18.230(2)(c) (2022) applies and does not
preclude enforcement of a rental agreement clause entitling a prevailing party to attorney
fees, even if such fees are not recoverable under chapter 59.18 RCW. We need not
address this issue because PFA has not prevailed on appeal.
8