Johnston

Tri-State Development, Ltd. (Tri-State) appeals from the district court’s order granting summary judgment to David and Gayle Johnston, and John Shields. We reverse.

I. BACKGROUND

Following a series of contractual disputes regarding the construction of their home, the Johnstons filed suit in Washington state court against Tri-State alleging breach of contract and breach of the implied warranty of habitability. Relying on RCW 6.25.070(2), which allows the attachment of real property without prior notice and a hearing, the John-stons also filed an ex parte motion for the issuance of a writ of attachment in order to attach real property owned by Tri-State. 1 Based on the pleadings and an affidavit filed by David Johnston, the Washington Superior Court ordered the issuance of the writ and, pursuant thereto, the sheriff attached the property. Tri-State did not receive notice of the Johnstons’ complaint or of the motion for the issuance of the writ until after the writ had been issued.

Rather than asserting its right under RCW 6.25.070(3) to an early postattachment hearing, Tri-State filed- this action in the district court against • the Johnstons and Shields, the sheriff who attached…