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

[Paul Neumiller]

Thanks to all who responded.  The general consensus seems to be to go the “show cause hearing” route because that’s a known commodity and the judges are comfortable with it.  Another tack is to move the court for judgment on the pleadings if your judges are savvy enough.

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rowley, Rob
Sent: Tuesday, February 24, 2015 7:37 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Hey UD Gurus: MSJ or Order to Show Cause?

 

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 <mailto: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>  [mailto: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 <mailto: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

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Email:  <mailto:rob at rowleylegal.com> rob at rowleylegal.com

Web Site:  <http://www.rowleylegal.com/> www.rowleylegal.com

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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