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

[Jim Doran]

I think the Show Cause is the way to go with a presentation of a Judgment to
follow for whatever the relief is that the Judge allows in the Show Cause.
Judges are used to show cause hearings in UD cases.  And like you intuit, SJ
can be defeated with a mere doubt.

 

Good luck.  

 

James R. Doran

Attorney at Law

100 E. Pine Street - Suite 205

Bellingham, WA 98225

(360)393-9506

 <mailto:jim at doranlegal.com> jim at doranlegal.com

www.doranlegal.com

 

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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