[WSBARP] Hey UD Gurus: MSJ or Order to Show Cause?
Rowley, Rob
rob at rowleylegal.com
Tue Feb 24 07:36:30 PST 2015
In Spokane County I'd set a show cause hearing for the daily unlawful
detainer docket. I'd move for judgment on the pleadings at the show cause
hearing. I've routinely had judges and commissioner grant a writ based upon
such an admission. (This assumes of course that there are no procedural
defects).
Rob Rowley
On Mon, Feb 23, 2015 at 4:21 PM, Jennifer Y. Sohn <jennifer at sohn-law.com>
wrote:
> 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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--
*Robert R. Rowley*, Attorney at Law
505 W. Riverside Ave, Suite 500
Spokane, WA 99201
Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email: rob at rowleylegal.com
Web Site: www.rowleylegal.com
Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.
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