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

[Jennifer Y. Sohn]

I wouldn't do MSJ in your situation because it is costly (as you mentioned)
and can be dismissed/overruled if there is a question of fact. Courts are
familiar with a show cause hearing in UD cases and is relatively quick. I
would evict as soon as possible if the tenant is still living there free
rent.

 

Jennifer Sohn

206.617.7874

 

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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