IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
ELIZABETH E. GALLAGHER, as §
TRUSTEE of the ANN G. FREEZE §
REVOCABLE TRUST, and of the §
RONALD L. FREEZE REVOCABLE §
TRUST §
Plaintiff, §
§
v. § Case No. 22-2006329
§
ERIC FREEZE §
Defendant. §
NOTICE OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
You are hereby notified that on the ____ day of April, 2022, at __________ (am/pm), or as soon thereafter as Defendant can be heard, Defendant will bring on for hearing his Motion for Summary Judgment for the reasons stated in the attached Motion.
Dated this ___ day of April, 2022.
Respectfully Submitted,
___________________________________
Eric Freeze,
Defendant in pro per
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
ELIZABETH E. GALLAGHER, as §
TRUSTEE of the ANN G. FREEZE §
REVOCABLE TRUST, and of the §
RONALD L. FREEZE REVOCABLE §
TRUST §
Plaintiff, §
§
v. § Case No. 22-2006329
§
ERIC FREEZE §
Defendant. §
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
NOW COMES Eric Freeze, Defendant, and files this Motion for Summary Judgment pursuant to Wash. Sup. Ct. Civ. R. 56, and hereby avers as follows:
- On review of summary judgment, we engage in the same inquiry as the trial court. Atherton Condo. Apartment-Owners Ass’n Bd. of Directors v. Blume Dev. Co., 115 Wash.2d 506, 515-16, 799 P.2d 250 (1990).
- Summary judgment is affirmed if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” CR 56(c). All facts are considered in the light most favorable to the nonmoving party, Atherton, 115 Wash.2d at 516, 799 P.2d 250, and summary judgment is granted only if, from all of the evidence, reasonable persons could reach but one conclusion. Wilson v. Steinbach, 98 Wash.2d 434, 437, 656 P.2d 1030 (1982).
- The burden is on the moving party to show that there is no genuine issue as to any material fact. Atherton, 115 Wash.2d at 516, 799 P.2d 250. “If the moving party satisfies its burden, the nonmoving party must present evidence that demonstrates that material facts are in dispute.” Id. If the nonmoving party fails to do so, then summary judgment is proper.
- The material facts of this case are set out in the following paragraphs.
- Defendant rendered services to Plaintiff. Plaintiff promised and agreed to provide indefinite residency as consideration for services rendered but has failed to do so despite Defendant’s continuous provision of services.
- The affidavit requires Plaintiff to pay consideration to Defendant in the sum of $740,000. Defendant has not received such consideration from Plaintiff.
- In order to safeguard his interests, Defendant filed a lis pendens at the Skagit County land records office as well as a mechanic’s lien on the subject property.
- After Plaintiff’s blatant refusal to pay despite multiple requests to do so, a lis pendens and a mechanic’s lien were the only options Defendant was left with.
- There is no genuine issue of any of the material facts listed above. Defendant has a copy of the affidavit, lis pendens filed at the land records office as well as the mechanic’s lien he filed on the subject property to show that there is no genuine issue of any material fact.
- All the material facts should be considered in the light most favorable to Defendant in accordance with the standard set out in Atherton.
- Defendant has fulfilled his burden of proof of showing that there exists no genuine issue of any of the material facts of this case. He has used a copy of the affidavit, lis pendens filed at the land records office as well as the mechanic’s lien on the property to do so.
- The burden of proof now rests upon Plaintiff to show that there exists a genuine issue of material fact. In doing so, Plaintiff must adduce evidence to show that there is no genuine issue of material fact.
REASONS WHEREFORE, Defendant respectfully requests this Honorable Court to grant him the following reliefs:
- GRANT this Motion for Summary Judgment;
- AWARD summary judgment against Plaintiff and in favor of Defendant;
- QUIET title to the property located at 47796 and 47972 Moen Road, Concrete, Washington 98237;
- AWARD Defendant costs of this Motion; and
- AWARD Defendant such further relief as this Court deems necessary and proper.
Dated this ____ day of April, 2022.
Respectfully Submitted,
___________________________________
Eric Freeze,
Defendant in pro per
VERIFICATION
I, Eric Freeze, being duly sworn depose and say that I have read the foregoing Motion for Summary Judgment and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of April, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR SKAGIT COUNTY
ELIZABETH E. GALLAGHER, as §
TRUSTEE of the ANN G. FREEZE §
REVOCABLE TRUST, and of the §
RONALD L. FREEZE REVOCABLE §
TRUST §
Plaintiff, §
§
v. § Case No. 22-2006329
§
ERIC FREEZE §
Defendant. §
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Defendant, Eric Freeze, filed a Motion for Summary Judgment against Elizabeth E. Gallagher, Plaintiff. Having reviewed the papers filed in support of and in opposition (if any), and being fully advised, the Court finds that Eric Freeze has succeeded on the merits and proved that there exists no genuine issue of material fact. Accordingly, Eric Freeze’s Motion for Summary Judgment is granted. This Order shall take effect immediately and shall remain in full force and effect.
Dated this _____ day of April, 2022.
______________________________________
Insert Name of Judge
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