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

[Rowley, Rob]

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?
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>



-- 


*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.

 NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections.  If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the
message.  Thank you for your assistance.

DISCLAIMER: You should recognize that responses provided by e-mail means
are akin to ordinary telephone or face-to-face conversations and do not
reflect the level of factual or legal inquiry or analysis which would be
applied in the case of a formal legal opinion. A formal opinion may very
well reach a different conclusion.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150224/67e201ae/attachment.html>