[WSBARP] Litigator Help -- Ejectment

[Eric Nelsen]

I think that's just an ordinary motion so whatever local rule requires. That said, I agree with you that given the "reasonable notice" requirement it might be prudent to set it out with extra time so there's no argument about the defendant not having enough time to respond on such a consequential matter. And because of that, why not just go with a summary judgment and/or default.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, July 27, 2023 10:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigator Help -- Ejectment

Still looking for an answer:  Anyone have an idea as to the amount of notice that is required for a preliminary injunction under CR 65 and RCW 7.40.050??


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, July 26, 2023 1:47 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Litigator Help -- Ejectment

One person was initially given permission to stay on the vacant lot so we have his name but then he invited about 10 other people.  Caption will read "Known Joe Blow and all other Occupants"  Permission has been withdrawn.  No lease, no rent paid or demanded.  So, RCW 59.16, 59.12, and 59.18 don't apply.


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Wednesday, July 26, 2023 1:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Litigator Help -- Ejectment

Who are you naming as defendants do you have the names of the squatters or are they all named as john does In addition to RCW 7.28 Cant you bring action under the  RCW 59.16 unlawful entry and detainer or RCW 59.12(6)

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, July 26, 2023 1:21 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Litigator Help -- Ejectment

I need to eject a homeless encampment.  I am also bringing a motion for a preliminary injunction to kick them out early but CR 65 and RCWs are unclear as to the required notice to the squatters.  I am finding no guidance on required advance notice of my motion.  CR 65 just says that no preliminary injunction shall be issued without notice to other side (absent emergency situation). And, RCW 7.40.050 says that the "opposite party" needs to have "reasonable notice of the time and place" of the hearing for the injunction.  My local court rules say I need to give 12 day's notice for a motion.  I was going to have the Sheriff serve the summons and complaint along with the motion for order for the preliminary injunction and give the squatters about 5 days advance notice but now I question if I should give the squatters 12 days advance notice.  But, if I have to wait the 12 days, I might as well as skip the preliminary injunction and bring a default or motion for summary judgement after 20 days.  What say you?


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