[WSBARP] Informal Judicial Preference?

[Paul Neumiller]

Island County.  Situation:  Plaintiffs brought a condemnation action for
private right of way. After two years of nothing, I brought a CR 41(b)(1)
motion to dismiss for want of prosecution.  All Plaintiff had to do was file
and serve a notice of trial setting prior to the hearing.  Hearing was held
by a court commissioner who, at Plaintiff's request, continued the hearing
to the following week stating the assigned judge (who was out of town)
should hear the matter.  Yep, you guessed it. Plaintiff filed and served the
notice for trial setting after the first hearing with the court commissioner
but before the hearing with the assigned judge.  Judge ruled that the matter
in front of him was "the hearing" (and not a continuance of the hearing) and
that Plaintiffs complied with CR 41.  So, my client, who was entitled to
full dismissal at the first hearing, was extremely prejudiced by the
continuance to allow the "assigned judge" to hear the case because the extra
week gave the Plaintiffs time to comply with CR 41. 

 

Feel free to answer off line if you prefer with any advice.  

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of G. Geoffrey Gibbs
Sent: Thursday, May 12, 2016 9:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Informal Judicial Preference?

 

Paul:      What county ? GGG

 

From:  <mailto:wsbarp-bounces at lists.wsbarppt.com>
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: Thursday, May 12, 2016 9:43 AM
To:  <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Informal Judicial Preference?

 

I have heard a local judge say that "dispositive civil motions should be
heard by the assigned judge" yet I cannot find anything in the superior
court rules or our local court rules.  Is this idea written down somewhere?
Thanks Thanks Thanks.

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