On May 23, 2022 a
Order
was filed
involving a dispute between
and
for Eviction (UD)
in the District Court of Ramsey County.
Preview
State of Minnesota District Court
County of Ramsey Second Judicial District
______________________________________________________________________________
Maplewood Rolling Hills LLC,
Plaintiff, DECISION & ORDER
vs.
Lisa Roble, John Doe, Jane Doe, Case No.: 62-HG-CV-22-1129
Defendants. Case Type: Eviction (UD)
______________________________________________________________________________
This matter came on for a hearing before Referee Bergstrom on June 28, 2022. Based on
the relevant files, argument of counsel, and the proceedings held herein, the Court makes the
following:
PLAINTIFF(S):
☐ , appeared on their own behalf.
☐ , appeared represented by and with counsel,
☒counsel, Clarice Scarnecchia, Esq., appeared on behalf of Plaintiff.
☐ did not appear and is in default.
DEFENDANT(S):
☐ appeared on their own behalf.
☐ , appeared represented by and with counsel, .
☒ did not appear and is in default.
☐ Other:
THE COURT FINDS AND ORDERS THAT:
1. ☐SETTLEMENT. The parties have reached a settlement agreement, which is approved
and incorporated into this Decision and Order.
☐ Settled through Mediation (See attached settlement agreement)
☐ Settled by the Litigants (See attached settlement agreement)
☐ Settlement terms are as follows:
2. SERVICE. On review of the record:
☒ Landlord properly served the Summons and Complaint.
☐ Landlord failed to strictly comply with service requirements of Minnesota
Statute § 504B.331 and this matter must be dismissed. See Koski v. Johnson, 837 N.W.2d
739 (Minn. Ct. App. 2013).
3. COMPLAINT. The allegations in the Complaint:
☒ are true.
☐ have not been proven by Plaintiff.
☐ have been proven by Plaintiff.
☐ have been admitted by Defendant.
☐ have been denied by Defendant.
4. ☒ The tenant has breached the lease as follows: non-payment of rent
5. ☐The statutory covenants of habitability have been breached as follows:
a.
6. ☐This matter is DISMISSED:
☐ WITHOUT ☐ WITH prejudice. Dismissal is appropriate due to:
☐ Plaintiff’s failure to appear; or
☐ for payment.
7. ☒Plaintiff is entitled to recovery of the property plus filing fees and service costs paid
for this court action.
8. ☐ This case shall be made immediately confidential.
9. ☐Upon compliance and filing of an affidavit of compliance, this case may be expunged.
10. THE WRIT OF RECOVERY shall:
☒ issue immediately
☐ issue after
☐ issue if any of the above settlement conditions are not met
11. ☐ The parties have not reached an agreement regarding the underlying claims and
issues. However, the parties do agree to a continuance to permit tenant to apply for
rent help.
a. The parties understand and agree to the following:
i. The case shall be made confidential immediately upon the conclusion of
this hearing;
ii. The case shall be stayed pending approval or rejection of the rent help
application, or, alternatively shall be stayed until June 01, 2022;
iii. Plaintiff may file an affidavit requesting a hearing, or may file for this
case to be dismissed upon receiving result of rent help application;
iv. In the event that Plaintiff does not file an affidavit by June 01, 2022, the
case shall be automatically dismissed and expunged.
12. ☐ Other:
The foregoing shall constitute entry of the order of the Court.
☒ Let Judgment Be Entered Accordingly.
Recommended by: By the Court:
_______________________ _______________________
Kathryn Bergstrom
District Court Referee District Court Judge
I hereby Certify that the above Order Constitutes the entry of Judgement of the Court.
Michael F. Upton, Court Administrator __________________ ______________________
Deputy Date
Preview
State of Minnesota District Court County of Ramsey Second Judicial District ______________________________________________________________________________ Maplewood Rolling Hills LLC, Plaintiff, DECISION & ORDER vs. Lisa Roble, John Doe, Jane Doe, Case No.: 62-HG-CV-22-1129 Defendants. Case Type: Eviction (UD) ______________________________________________________________________________ This matter came on for a hearing before Referee Bergstrom on June 28, 2022. Based on the relevant files, argument of counsel, and the proceedings held herein, the Court makes the following: PLAINTIFF(S): ☐ , appeared on their own behalf. ☐ , appeared represented by and with counsel, ☒counsel, Clarice Scarnecchia, Esq., appeared on behalf of Plaintiff. ☐ did not appear and is in default. DEFENDANT(S): ☐ appeared on their own behalf. ☐ , appeared represented by and with counsel, . ☒ did not appear and is in default. ☐ Other: THE COURT FINDS AND ORDERS THAT: 1. ☐SETTLEMENT. The parties have reached a settlement agreement, which is approved and incorporated into this Decision and Order. ☐ Settled through Mediation (See attached settlement agreement) ☐ Settled by the Litigants (See attached settlement agreement) ☐ Settlement terms are as follows: 2. SERVICE. On review of the record: ☒ Landlord properly served the Summons and Complaint. ☐ Landlord failed to strictly comply with service requirements of Minnesota Statute § 504B.331 and this matter must be dismissed. See Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013). 3. COMPLAINT. The allegations in the Complaint: ☒ are true. ☐ have not been proven by Plaintiff. ☐ have been proven by Plaintiff. ☐ have been admitted by Defendant. ☐ have been denied by Defendant. 4. ☒ The tenant has breached the lease as follows: non-payment of rent 5. ☐The statutory covenants of habitability have been breached as follows: a. 6. ☐This matter is DISMISSED: ☐ WITHOUT ☐ WITH prejudice. Dismissal is appropriate due to: ☐ Plaintiff’s failure to appear; or ☐ for payment. 7. ☒Plaintiff is entitled to recovery of the property plus filing fees and service costs paid for this court action. 8. ☐ This case shall be made immediately confidential. 9. ☐Upon compliance and filing of an affidavit of compliance, this case may be expunged. 10. THE WRIT OF RECOVERY shall: ☒ issue immediately ☐ issue after ☐ issue if any of the above settlement conditions are not met 11. ☐ The parties have not reached an agreement regarding the underlying claims and issues. However, the parties do agree to a continuance to permit tenant to apply for rent help. a. The parties understand and agree to the following: i. The case shall be made confidential immediately upon the conclusion of this hearing; ii. The case shall be stayed pending approval or rejection of the rent help application, or, alternatively shall be stayed until June 01, 2022; iii. Plaintiff may file an affidavit requesting a hearing, or may file for this case to be dismissed upon receiving result of rent help application; iv. In the event that Plaintiff does not file an affidavit by June 01, 2022, the case shall be automatically dismissed and expunged. 12. ☐ Other: The foregoing shall constitute entry of the order of the Court. ☒ Let Judgment Be Entered Accordingly. Recommended by: By the Court: _______________________ _______________________ Kathryn Bergstrom District Court Referee District Court Judge I hereby Certify that the above Order Constitutes the entry of Judgement of the Court. Michael F. Upton, Court Administrator __________________ ______________________ Deputy Date