[WSBARP] Hey UD Gurus: MSJ or Order to Show Cause?

Marcus Fry mfry at lyon-law.com
Mon Feb 23 15:52:25 PST 2015


Often in this scenario, I file a motion for a judgment on the pleadings as opposed to SJ motion as judgment on the pleadings is 5 days plus 3 for mailing.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, February 23, 2015 3:35 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Hey UD Gurus: MSJ or Order to Show Cause?

So, new clients come in and want me to evict Tenant.  After some sleuthing, I discovered that a family member has already filed a UD summons and complaint and had it served on Tenant in Dec (documents, though inpro-per, aren't bad and I can use them).  Tenant files a response saying, "yeah I know I owe the money, give me a week."  Then nothing happened and now it's almost March.

Would you file documents for a show cause hearing or bring a motion for summary judgment?  I'm leaning towards a show cause hearing because those are form documents and I'd have to specifically draft a MSJ so a show cause hearing would likely be cheaper for the client.  Plus, I can make arguments at the show cause hearing that the judge can weigh instead of at a MSJ hearing that can be easily derailed.  Thoughts?
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