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

[Danielle Flatt]

Assuming the predicate pre-eviction Notice was properly written and issued,
and the tenant was properly served in December, you should set a show cause
hearing.  An unlawful detainer show cause hearing is a summary proceeding
to determine the right to possession.

If the pre-eviction notice was not properly written and served, the court
won't have jurisdiction and you could dismiss the current case, and start
over with a proper notice.

Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
1900 S Puget Dr, Suite 203 | Renton, WA 98055
t: *206.973.3500 ext 202*   |   f: *866.696.0892 * | e:
*danielle at dimensionlaw.com* | www.dimensionlaw.com

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On Mon, Feb 23, 2015 at 3:35 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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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