[WSBAPT] hello/best practice question

[Mark Anderson]

Just because the plaintiff/petitioner only alleges to know something "upon information and belief," that does not mean that the defendant/respondent cannot know something opposite with certainty.  For example, consider the following allegation:

"Upon information and belief, defendant is the owner of a Mercedes automobile."  However, in truth, defendant does not own and has never owned a Mercedes.  An appropriate response would then be, "defendant does not own a Mercedes automobile."

I get your point though - how could a defendant know what the plaintiff believes or what information the plaintiff possesses?  I think the focus should be on the operative facts being alleged, and not so much on (or perhaps not at all on) the plaintiff's state of mind.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: 09/03/2023 1:56 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] hello/best practice question

I am hoping someone may be out there checking e-mails and have an off the cuff answer.

In a complaint where someone literally makes statements "upon information and belief", I'm a little unsure how to deny that (how do we know).  My thought was No Knowledge of the matter alleged and therefore denies the same -----

Any insights are appreciated.

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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