Beck Motion to Shorten Time on Motion to Strke
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
THURSTON COUNTY
ANDREW J. SMITH and CYNTHIA M. SMITH, husband and wife,
Plaintiffs,
vs.
THE CITY OF DOE, a municipal corporation; GRANT BECK; STEVE CHAMBERLAIN; FH1 LLC, a Washington corporation; DAN LEE, TRIANCE GROUP, INC, d/b/a TRIANCE HOMES, a Washington corporation
and a licensed Washington construction contractor; STATE FARM FIRE & CASUALTY CO., Bond No. 98GD85307; MAUREEN NIELAND; VANDORM REALTY; a Washington corporation.
Defendants.
No. 09-2-02879-3
DEFENDANT GRANT BECK’S
MOTION TO SHORTEN TIME
ON MOTION TO STRIKE
DECLARATION OF BEN
CUSHMAN IN OPPOSITION TO BECK’S MOTION FOR PROTECTIVE
ORDER
I. Request for Relief.
The defendant Grant Beck moves this Court to shorten time on Mr. Beck’s Motion to Strike the Declaration of Ben Cushman in Opposition to Beck’s Motion for a Protective Order. Mr. Beck
asks that the Court hear this motion with less notice than allowed by the Local Court Rule 5(b)(2).
II. Pertinent Facts.
On December 17, 2009, the plaintiffs filed a lawsuit against Grant Beck personally, before they had any information to support a lawsuit against him. All of the claims in their complaint
relate to the alleged actions of Mr. Beck that were taken as the Community Development Director or employee of some fictional city. In addition to the lack of any justification for
the lawsuit, plaintiffs also violated RCW 4.96.020(4) by filing it against Mr. Beck without waiting 60 days after they filed a tort claim with the City.
On January 7, 2010, Mr. Beck served his Motion for a Protective Order on plaintiffs, noting the hearing for January 15, 2010.
On January 13, 2010, the plaintiffs responded to the Beck Motion for a Protective Order with a Declaration of Ben Cushman and a response brief. Even though plaintiffs’ response to Mr.
Beck’s motion for a protective order doesn’t reference the Declaration of Ben Cushman in Opposition to Motion for Protective Order, it was served with the plaintiffs’ response. This
Declaration is Mr. Cushman’s musings as to Mr. Beck’s motives for his alleged actions.
Because this objectionable Declaration was served on Mr. Beck on January 13, 2010, his Motion to Strike this Declaration can’t be filed and served with the notice required under Local
Court Rule 5(b)(2) by providing filing and service five days prior to the hearing on January 15, 2010.
III. Grounds for Relief.
The City’s motion is based on the pleadings filed in the above-referenced action, CR 6 and the Local Court Rule 5(b)(2).
IV. Issue Presented.
Should this Court allow Mr. Beck to file its Motion to Strike the Declaration of Ben Cushman with less notice than allowed under the Local Court Rules, given that the plaintiffs filed
the Declaration on January 13, 2010, and the City did not have adequate time to note the motion for hearing on January 15, 2010? YES.
V. Argument.
The Court should grant Mr. Beck’s Motion to Shorten Time on the City’s Motion to Strike because the City’s was prevented from giving adequate notice by the plaintiffs’ filing of the
objectionable Declaration on January 13, 2010, two days prior to the hearing.
The Declaration of Ben Cushman relates to the Beck Motion for a Protective Order. The plaintiffs have served and filed it as their response to the Beck Motion. Therefore, the only
opportunity Mr. Beck will have to object to this Declaration is one day prior to the hearing on the Motion.
Pursuant to CR 6, this Court has the authority to shorten the time for notice on the hearing, with or with a motion, for good cause shown. As stated above, Mr. Beck’s only opportunity
to object to the Declaration of Ben Cushman is to file a Motion to Strike on January 14, 2010, so that the Motion is heard during Mr. Beck’s hearing on the Motion for a Protective Order.
CONCLUSION.
The City asks that the Court grant Mr. Beck’s Motion to Shorten Time on Mr. Beck’s Motion to Strike the Declaration of Ben Cushman in Opposition to Beck’s Motion for a Protective Order,
based on the above.
DATED this 13th day of January, 2010.
MORRIS & TARADAY, P.C.
By ____________________________________
Carol A. Morris, WSBA #19241
Attorney for defendant Grant Beck