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FILED 1N DIsm
COURT
STATE 0F MINNECT80m
STATE or MINNESOTA DISTRICT COURT
AUG 15:5 2023
SE 0ND JUDICIAL DISTRICT
COUNTY OF
W64! CASE TYPE: EVICTION ACTION
_ _ NOTICE OF MOTION AND
P'a'm'ms) (Land'°rd)' MOTION FOR EXPUNGEMENT
V'
=11“
3T: mm; PMI:
Case "excl—HemA/
H30
L: LEI. P .
Defendant(s) (Tenant). NEE) SKA/Km
TO: DISTRICT COURT ADMINISTRATOR; PLAINTIFF.
NOTICE OF MOTION
PLEASE TAKE NOTICE that at a.m./p.m. on , Defendant wiII bring the
following Motion on for hearing before the Honorable Presiding Referee or Judge, at the following
location:
MOTION
1. Iam asking the court to immediately expunge this court file.
2. Expungement within the Court’s Inherent Authority
Courts have inherent authority to perform a judicial action when the relief requested ”isnecessary
to the performance of a judicial function as contemplated in [the] state constitution/’1 Courts also
have inherent authority to control their own records, along with the equitable power to prevent
unfairness to individuals? The court ”must decide whether expungement will yield a benefit to the
1
In re: Clerk of Court’s Compensation for Lyon County v. Lyon
County Commissioners, 241 N.W.2d 781, 786 (Minn. 1976).
2
State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981).
Page 1
petitioner commensurate with the disadvantages to the public from the elimination of the record
and the burden on the court in issuing, enforcing and monitoring an expungement order.”3
I’m asking the court to expunge this file within its inherent authority for the following reasons:
Expungement is necessary to the performance of the judicial function of effecting justice.4 The
burden on the court in issuing an expungement order in this action is minimal. The benefits of
expungement to me are equal to, or greater than, any disadvantage to the public from elimination
of the record and any burden on the court in expunging the record of this case. I
explain my
reasons below.
3. These things were going on in my life when this case happened:
\QCI had less money to pay rent because I lost my job or my hours got cut.
Ql had less money to pay rent because of illness or a family emergency.
{I was the victim of domestic violence or another crime.
SQ was having other problems in my life.
Here are the details:
IVfi been handSl/HPS um
“£6 W W
€5€Pl€JF€JnCiYTCl
mrr ’nJ/UQ \lPOU/j
DAU‘
”(D
we? 0 50M w’fh W116 mow/x5
Win61
fi WW’
Mom to or—i— mama WOM mung DbH ~20
no (Mil/Jame and on
who a 5mm? WNW
r6 W610 €14?wa hrs/«anyme—m
OWN/m gm Marv a Mae ()6 imam,
1r N519 fired a clwmc \/\U€mr—€ rel/mm
Ship WW lvm WQS CL EMU/Mm PW MP to
:09 mole ‘YO K6169 mm m lM hmlexs
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WOW/1r and 71415 warm
3
Id.
4
Minn. Const. Art.1 § 8.
Page 2
4. This case record has made it harder for me to find housing:
4%
have been denied housing around 5 times because of this case record.
Maslastdenied
housingon 03 H9—?" .
V?“
have spent around $_'NL in rental application fees.
ave been homeless after this case happened.
:ffiy children have been homeless after this case happened.
case has made it hard for me to find housing'In these other ways.
fihis
Here are the details:
Die T73 my MED Do NH ream I Cem—
grind d, place TYIM will mac-em me. lm
€¢Pl€momil homdffiness Since, mm
(3559 NM‘
no war»: haw
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Page 3
5. Expunging this case record will help me find safe and stable housing. I need to find
safe and stable housing now:
\W live with children, seniors, or vulnerable adults.
D I have a disability or someone in my family has a disability.
homeless right now.
‘%flam
safe and stable housing because of other reasons.
Elfineed
Here are the details:
\ NW 10 Capt ma; +0 mime ma
WNW) mu I program
l l
.50 I: am Mortar)
NM ll§Cffl§€ as a EWfl-imn @ndfi’Q/f-i—
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Page 4
6. There are other reasons why it would be fair to expunge this case:
[I There was something wrong with the landlord’s case (see #7 below).
owe the landlord any money.
Won’t
Whis case settled, and i did everything i agreed to in the settlement
agreement.
E] This case record is old.
El This case record should be expunged under the Court’s Retention Schedule5 because:
El No moneyjudgment was ordered in this case and the case file was closed over one
year ago, or
E! A moneyjudgment was ordered in this case, but I do not owe money anymore and
the case is over ten years old.
has changed in my life for the better that helps me be a good tenant.
womething
Here are the details:
No mmeq ,mdmzmtm‘r
v
agcunfi—
\I
M
1"
:ii \MoeS (we TD (mum mop/ammo mm
4W2 (W! am! Son/tea To howfl
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ow Still in W MW,
[4
5
Minnesota Judicial Branch Court Services Division District CourtRecord Retention Schedule Effective June1 2018
Retention Schedule available at htt : www.mncourts mncourts ov media scao libra MN-District-Court—Record-
Retention-Schedulegdf
Page 5
D 7. Statutory Expungementfi
(Check Box #7 if there was something wrong with the landlord’s case)
There was something wrong with the landlord’s case. The Court may order expungement upon
finding that ”plaintiff’s case is sufficiently without basis in fact or law which may include lack of
jurisdiction over the case, that expungement is clearlyIn the interests ofjustice and those interests
are not outweighed by the public’ s interest in knowing about the record. ”7
Numbers 3 through 6 above explain why the expungement is clearly in the interests ofjustice and
those interests are not outweighed by the public’s interest in knowing about the record.
The landlord’s case was sufficiently without basis in fact or law. These things were wrong with the
landlord’s case:
D The landlord did not follow the rules when they served me the court papers.
D The case was about nonpayment of rent and the property had pests or needed repairs.
D The landlord dropped their case against me before we went to court.
D There were other things wrong about the landlord's case.
Here are the details:
6
Minn. Stat. § 484.014, subd. 2
7
Id
Page 6
D Mandatory Expungement because of Foreclosure
8. The property in this case was in foreclosure. Expungement is mandatory undervlaw.8
E1 a. Imoved out ofthe property on , before this case stacted9
on . The foreclosure redemption period is over.
OR
D b. The landlord said |
stayed past my move out date (holdover). I was a tenant at the
property during the redemption period. My lease started after the landlord’s
mortgage began. Check one:
U i. l did not get the notice required by law.1°
D ii. l received the notice required by law”; but this case started before the date |
was supposed to move.
D Mandatory Expungement because of Contract Cancellation
9. The property in this case was in contract cancellation. Expungement is mandatory under
law.“
1:1a. I moved out of the property on ,before this case started”
on . The time for contract cancellation is over.
OR
D b. The landlord said l stayed past my move out date (holdover). l was a tenant at the
property during the during the contract cancellation period. My lease started after
the contract for deed. Check one:
a i. Idid not get the notice required by law.“
finii.
l received the notice required by |aw15, but this case started before the date |
was supposed to move.
8
Minn Stat. § 484.014, subd. 3.
9
In Minnesota a case starts at service Minn. R. Civ. P. 3. 01(A); Appletree
Square / Limited Partnership v.
W..R Grace & Co., 29 F. 3d 1283,1286(8th Cir. 1994); Appletree Square I Limited Partnership v. 0’Connor& 575
N. W. 2d 102, 103 (Minn. 1998). Hannan,
1°
Minn. Stat. § 504B 285, subd. la requires minimum notice period of 90 days. Some tenants get a longer notice
11
period.
Id
12
Minn. Stat. § 484.014, subd. 3.
13
In Minnesota a case starts at service. Minn. R. Civ. P. 3.01(A);
Appletree Square I, Limited Partnership v.
W.R. Grace & Co., 29 F.3d 1283, 1286 (8th Cir. 1994); Appletree Square I Limited Partnership v. O’Connor &
Hannan, 575
N w. 2d 102, 103 (Minn 1998).
14
Minn. Stat. § 504B. 285, subd. 1a requires a minimum notice period of 90 days. Some tenants
15
get a longer notice period
Id
Page 7
10. Icertify that, to the best of my knowledge:
0 this document is not being filed for an improper reason, such as harassment or delay,
0 my claims are supported by the law, and
0 there is evidence for my claims and/or my denials.
Iknow that I
may be fined or sanctioned by the court if this certification is false.
of perjury that everything I have stated'In this documentIS true and
Ideclare under penalty
16
correct.
Q
Date
X” l? ”W Neal
De‘fendant (Tenant)
Avf LOSS
Address: —
Wk/W)
Gen/N
(we KPHar A’
<’\’ D“ UK l
Mk1 53.5704
Ema” way/n Ca a 04/3 @Clmw/(W
Phone: L011 4%3P W55
1‘ Minn. Stat.
§ 358.116.
Page 8
transportation, childcare, and domestic abuse. I’m starting fresh and feel less stress with
my crisis going on. I am actively looking for a job and plan to start back school and.
Finish my program in the next two months. From there I’ll start my journey for my career
as a esthetician. I plan to strive in the service industry while also obtaining and
maintaining a job as well. Im currently receiving more help from the father of my son
with watching our son so I can get to work and school. My situation is going to change
from the past 2 1/2 years because I actually have goals that want to reach and a plan to
commit to I feel more supported focused and confident in the next steps of this journey
Attached Documents
4. Defendant attaches the following documents in support of this motion:
Exhibit
Number Description
GUMsK/OIQP
MFlP 0+ imam/Ll
em on w 5ETT1€M6MT Mate/camera“
:EF?
Ohm/4m magma {Oman/re)
26W W’Dq52— am
“5056
Verification and Acknowledgements
0 I have read this document. To the best of my knowledge, information and belief the
information contained in this document is well grounded in fact and is warranted by
existing law.
0 I have not been determined by any court in Minnesota or in any other State to be a
frivolous litigant or subject to an Order precluding me from serving and filing this
document.
Notice of Motion and Motion for Expungement 14
have inherent authority to perform a judicial action when the relief requested “is
necessary to the performance of a judicial function as contemplated in [the] state
constitution.” In re: Clerk of Court ’s Compensation for Lyon County v. Lyon County
Commissioners, 241 N.W.2d 781, 786 (Minn. 1976). Courts have inherent authority to
control their own records, along with the equitable power to prevent unfairness to
individuals. State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981). The court “must decide
whether expungement will yield a benefit to the petitioner commensurate with the
disadvantages to the public from the elimination of the record and the burden on the court
in issuing, enforcing and monitoring an expungement order.” Id. Defendant asks the court
to expunge this file within its inherent authority for the following reasons: Expungement
is necessary to the performance of the judicial function of justice as contemplated in the
Minnesota State Constitution. Minn. Const. Art. 1 § 8. The benefits of expungement to
Defendant are equal to, or greater than, any disadvantage to the public from elimination
of the record and any burden on the court in expunging the record of this case for the
following reasons: The burden on the court in issuing an expungement order in this action
is minimal. .this eviction is making it hard on me to find a place for my son and I. Also
stability is something I really need I wasn’t able to finish my college program and
resigned work due to experiencing homelessness. I’m a single mother doing my best to
catch up on past due bills and debts. I’ve been getting turned down for every place I
applied. This eviction on my record is very crucial to my family’s safety and security.
I’ve had difficulties these past 2 1/2 years with on and off working and tryin go to
maintain bills ect. .as I stated prior to this statement I have been battling with depression
and stability for the past 2 1/2 years. It was very hard for me to keep a job due to
Notice of Motion and Motion for Expungement 13
STATE OF MINNESOTA DISTRICT COURT
2nd JUDICIAL DISTRICT
COUNTY OF RAMSEY CASE TYPE: EVICTION ACTION
(HOUSING)
Noel Smith,
NW
-
P1aintiff(s),
AFFIDAVIT OF
the name
(fill in
3! ! Um
of the person
V.
S‘hmmns
mm, WA -
making the statement)
Defendant(s). Case No. 62-HG-CV-22-1130
STATE OF Mme/SM )
COUNTY OF @564 ~
ail] in the State and County
)
)
s s.
where this document was signed)
1, 5m W this statement)
0711 in the name of the person making
,being duly sworn under oath, state and
attest as follows:
1. My name 13 N56 (name ofperson making statement)
.Iam 2; l years old.
(age ofperson making statement)
Iliveat DWMW" ’KOSS gab»! (QJUZ WWR
(fill
in address of the person making this statement)
2. Iknow the Defendant(s) because:
Th€~l| MC W WVvak
Mmaqemem- IL” was
Prom/FM ra’mnj
W ‘
3. I would like to tell the Court the following about this eviction case or facts related to this
eviction case: I was awareot WON} o4 wen
mm. m\;\\
{>1 monolak wlmca
(Md/0+ meet “me duke cfl/Jré rewlreol
For me 173 We {xx/r date, (601* or 3,, qua/en“
\e/flar from men/1.
If statements from other people will help you prove any of the items listed or
above, anything
else that you’ve said in your request for then should
expungement, you try to get an affidavit
from that person. You can use the affidavit form on the next
page.
Evidence Checklist 7
l6,
SSI
€61
M A. IDA .‘D '1’
J‘. II S?“ IUL’ I‘AAWL
raga} PQAQ, Q; 1132 Wad Milli/A7"
stated in this document is true and
I declare under penalty of perjury that everything I have
correct. Minn.
Date: 08
’ Stat.
i 2’
§ 358.116.
2f2
f
Signature
SM
51934 Kmart/i
Printed Name
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF RAMSEY
2nd JUDICIAL DISTRICT
CASE TYPE: EVICTION ACTION
fiOUSING
Noel Smith,
Plaintiff(s),
NOTICE OF MOTION AND
v.
mW3
Neel-Smith,
1E
Lf MOTION FOR EXPUNGEMENT
Defendant(s). Case No. 62-HG-CV-22-1130
TO: DISTRICT COURT ADMINISTRATOR; PLAIN TIFF
(S)
NOTICE OF MOTION
PLEASE TAKE NOTICE that at a.m./p.m. on ,
Defendant(s) will bring the following Motion on for hearing before the
Presiding Referee or
Judge of District Court, at the following location:
MOTION
1. Defendant asks the Court for the immediate
expungement of this eviction case
court file.
Reguest for statutory expungement
Minn. Stat. § 484.014, subd. 2
2. The Court may order expungement upon
finding that “the plaintiff s case is
sufficiently without basis in fact or law, which may include lack of jurisd
iction over the case,
that expungement is clearly in the interests of justice and those interests are not outweighed
by
Notice of Motion and Motion for Expungeme
nt 10
the public’s interest in knowing about the record.” Minn. Stat. § 484.014, subd. 2.
A. Plaintiff’s case is sufficiently without basis in fact or law for the following
reaSOl’lSI
Service of this case was improper; the Court lacked jurisdiction over me. Minn. Stat.
§ 504B.331; Koski V. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) (strict
compliance with Minn. Stat. § 504B.331 is required for the court to obtain
jurisdiction).
The affidavit of service says that I was personally served, but no one ever handed me
the summons and complaint for this case. Minn. Stat. § 504B.331.
Service was improper. The named Plaintiff served me, as evidenced by the affidavit
of service. Minn. R. Civ. P. 4.02; Lewis v. Contracting Northwest, Inc., 413 N.W.2d
154 (Min . Ct. App. 1987).
Plaintiff’s complaint failed to sufficiently plead compliance with
address disclosure required by Minn. Stat. § 504B.181, and thus failed to state facts
authorizing recovery of the premises. Minn. Stat. § 504B.321 requires the Plaintiff in
an eviction action to state facts authorizing recovery of possession; “where a statute
recites preconditions for commencement of an action, facts establishing compliance
must be pleaded.” Biron v. Board of Water Commissioners, 43 N.W. 482 (1889).
Moreover, Minn. Gen. R. Prac. 604(a)(3) requires that the complaint contain “A
statement of how plaintiff has complied with Minnesota Statutes, section 5043.181,
by written notice to the defendant, by posting or by actual knowledge of the
defendant.”
0 Plaintiff is an agent suing in Plaintiff’s own name in violation of Minn. Gen. R. Prac.
Notice of Motion and Motion for Expungement 11
603, which provides that, “No agent shall sue in the agent’s own name.”
WK—
the owner of the premlses at Issue 1n thls case, not Plalntlff.
NW _
Twit/(WV
B. Expungement is clearly in the interests of justice for the above-mentioned reasons
and the following reasons: .this eviction is making it hard on me to find a place for my son and
I. Also stabilitv is something I really need I wasn’t able to finish mv college program and
resigned work due to experiencing homelessness. I’m a single mother doing my best to catch up
on past due bills and debts. I’ve been getting turned down for every place I applied. This eviction
on my record is very crucial to my family’s safety and security. I’ve had difficulties these past 2
1/2 years with on and off working and tryin go to maintain bills ect.
C. The interests of justice are not outweighed by the public’s interest in knowing
about the record for the following reasons: .as I stated prior to this statement I have been battling
with depression and stability for the past 2 1/2 years. It was very hard for me to keep a iob due to
transportation, childcare, and domestic abuse. I’m starting fresh and feel less stress with my
crisis going on. I am actively looking for a iob and plan to start back school and. Finish my
program in the next two months. From there I’ll start my ioumey for my career as a esthetician. I
plan to strive in the service industg while also obtaining and maintaining a job as well. Im
currently receiving more help from the father of my son with watching our son so I can get to
work and school. My situation is going to change from the past 2 1/2 years because I actually
have goals that want to reach and a plan to to I feel more supported focused and
commit
confident in the next steps of this ioumey
Request for expungement in the Court’s inherent authority
3. Defendant asks the court to expunge this file within the court’s inherent authority. Courts
Notice of Motion and Motion for Expungement 12
Preview
FILED 1N DIsm COURT STATE 0F MINNECT80m STATE or MINNESOTA DISTRICT COURT AUG 15:5 2023 SE 0ND JUDICIAL DISTRICT COUNTY OF W64! CASE TYPE: EVICTION ACTION _ _ NOTICE OF MOTION AND P'a'm'ms) (Land'°rd)' MOTION FOR EXPUNGEMENT V' =11“ 3T: mm; PMI: Case "excl—HemA/ H30 L: LEI. P . Defendant(s) (Tenant). NEE) SKA/Km TO: DISTRICT COURT ADMINISTRATOR; PLAINTIFF. NOTICE OF MOTION PLEASE TAKE NOTICE that at a.m./p.m. on , Defendant wiII bring the following Motion on for hearing before the Honorable Presiding Referee or Judge, at the following location: MOTION 1. Iam asking the court to immediately expunge this court file. 2. Expungement within the Court’s Inherent Authority Courts have inherent authority to perform a judicial action when the relief requested ”isnecessary to the performance of a judicial function as contemplated in [the] state constitution/’1 Courts also have inherent authority to control their own records, along with the equitable power to prevent unfairness to individuals? The court ”must decide whether expungement will yield a benefit to the 1 In re: Clerk of Court’s Compensation for Lyon County v. Lyon County Commissioners, 241 N.W.2d 781, 786 (Minn. 1976). 2 State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981). Page 1 petitioner commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing and monitoring an expungement order.”3 I’m asking the court to expunge this file within its inherent authority for the following reasons: Expungement is necessary to the performance of the judicial function of effecting justice.4 The burden on the court in issuing an expungement order in this action is minimal. The benefits of expungement to me are equal to, or greater than, any disadvantage to the public from elimination of the record and any burden on the court in expunging the record of this case. I explain my reasons below. 3. These things were going on in my life when this case happened: \QCI had less money to pay rent because I lost my job or my hours got cut. Ql had less money to pay rent because of illness or a family emergency. {I was the victim of domestic violence or another crime. SQ was having other problems in my life. Here are the details: IVfi been handSl/HPS um “£6 W W €5€Pl€JF€JnCiYTCl mrr ’nJ/UQ \lPOU/j DAU‘ ”(D we? 0 50M w’fh W116 mow/x5 Win61 fi WW’ Mom to or—i— mama WOM mung DbH ~20 no (Mil/Jame and on who a 5mm? WNW r6 W610 €14?wa hrs/«anyme—m OWN/m gm Marv a Mae ()6 imam, 1r N519 fired a clwmc \/\U€mr—€ rel/mm Ship WW lvm WQS CL EMU/Mm PW MP to :09 mole ‘YO K6169 mm m lM hmlexs [mm (1% TDNH mam/i 1:0 WON? mffircwfieg fj’rma Meow cQDPVM/Dl ’l‘Df lemma—mam; rim” TO WOW/1r and 71415 warm 3 Id. 4 Minn. Const. Art.1 § 8. Page 2 4. This case record has made it harder for me to find housing: 4% have been denied housing around 5 times because of this case record. Maslastdenied housingon 03 H9—?" . V?“ have spent around $_'NL in rental application fees. ave been homeless after this case happened. :ffiy children have been homeless after this case happened. case has made it hard for me to find housing'In these other ways. fihis Here are the details: Die T73 my MED Do NH ream I Cem— grind d, place TYIM will mac-em me. lm €¢Pl€momil homdffiness Since, mm (3559 NM‘ no war»: haw To man/1+ wag IIT‘l’IC W77 @13/4’ 373;] (Uli’i’lcxl firm/7‘ {VIP/MM)» NH 5mg v mat :3 mm WPYQVH' u . IV. I . in .n l M V' le5 {1150 W63 our 0? I’m. M am r hm been Trvlma :m M Him wrammmtj W ml im no mm Wm WM’II I Hm ‘i‘D locum/I6“ W617 Page 3 5. Expunging this case record will help me find safe and stable housing. I need to find safe and stable housing now: \W live with children, seniors, or vulnerable adults. D I have a disability or someone in my family has a disability. homeless right now. ‘%flam safe and stable housing because of other reasons. Elfineed Here are the details: \ NW 10 Capt ma; +0 mime ma WNW) mu I program l l .50 I: am Mortar) NM ll§Cffl§€ as a EWfl-imn @ndfi’Q/f-i— N\\l Career magi {MW-r mm OLHWKH (A emmmmom-m halal/MTV) infirm} (by ouna Que/Nagy are/mm; Page 4 6. There are other reasons why it would be fair to expunge this case: [I There was something wrong with the landlord’s case (see #7 below). owe the landlord any money. Won’t Whis case settled, and i did everything i agreed to in the settlement agreement. E] This case record is old. El This case record should be expunged under the Court’s Retention Schedule5 because: El No moneyjudgment was ordered in this case and the case file was closed over one year ago, or E! A moneyjudgment was ordered in this case, but I do not owe money anymore and the case is over ten years old. has changed in my life for the better that helps me be a good tenant. womething Here are the details: No mmeq ,mdmzmtm‘r v agcunfi— \I M 1" :ii \MoeS (we TD (mum mop/ammo mm 4W2 (W! am! Son/tea To howfl W rem/binder Wan/15 Pant. Even mug/7 1; no Imthfr refine our Wm rewrite/me- T. mag mace/t Qua—m writ-“f Wk! \Ogmnamd ow Still in W MW, [4 5 Minnesota Judicial Branch Court Services Division District CourtRecord Retention Schedule Effective June1 2018 Retention Schedule available at htt : www.mncourts mncourts ov media scao libra MN-District-Court—Record- Retention-Schedulegdf Page 5 D 7. Statutory Expungementfi (Check Box #7 if there was something wrong with the landlord’s case) There was something wrong with the landlord’s case. The Court may order expungement upon finding that ”plaintiff’s case is sufficiently without basis in fact or law which may include lack of jurisdiction over the case, that expungement is clearlyIn the interests ofjustice and those interests are not outweighed by the public’ s interest in knowing about the record. ”7 Numbers 3 through 6 above explain why the expungement is clearly in the interests ofjustice and those interests are not outweighed by the public’s interest in knowing about the record. The landlord’s case was sufficiently without basis in fact or law. These things were wrong with the landlord’s case: D The landlord did not follow the rules when they served me the court papers. D The case was about nonpayment of rent and the property had pests or needed repairs. D The landlord dropped their case against me before we went to court. D There were other things wrong about the landlord's case. Here are the details: 6 Minn. Stat. § 484.014, subd. 2 7 Id Page 6 D Mandatory Expungement because of Foreclosure 8. The property in this case was in foreclosure. Expungement is mandatory undervlaw.8 E1 a. Imoved out ofthe property on , before this case stacted9 on . The foreclosure redemption period is over. OR D b. The landlord said | stayed past my move out date (holdover). I was a tenant at the property during the redemption period. My lease started after the landlord’s mortgage began. Check one: U i. l did not get the notice required by law.1° D ii. l received the notice required by law”; but this case started before the date | was supposed to move. D Mandatory Expungement because of Contract Cancellation 9. The property in this case was in contract cancellation. Expungement is mandatory under law.“ 1:1a. I moved out of the property on ,before this case started” on . The time for contract cancellation is over. OR D b. The landlord said l stayed past my move out date (holdover). l was a tenant at the property during the during the contract cancellation period. My lease started after the contract for deed. Check one: a i. Idid not get the notice required by law.“ finii. l received the notice required by |aw15, but this case started before the date | was supposed to move. 8 Minn Stat. § 484.014, subd. 3. 9 In Minnesota a case starts at service Minn. R. Civ. P. 3. 01(A); Appletree Square / Limited Partnership v. W..R Grace & Co., 29 F. 3d 1283,1286(8th Cir. 1994); Appletree Square I Limited Partnership v. 0’Connor& 575 N. W. 2d 102, 103 (Minn. 1998). Hannan, 1° Minn. Stat. § 504B 285, subd. la requires minimum notice period of 90 days. Some tenants get a longer notice 11 period. Id 12 Minn. Stat. § 484.014, subd. 3. 13 In Minnesota a case starts at service. Minn. R. Civ. P. 3.01(A); Appletree Square I, Limited Partnership v. W.R. Grace & Co., 29 F.3d 1283, 1286 (8th Cir. 1994); Appletree Square I Limited Partnership v. O’Connor & Hannan, 575 N w. 2d 102, 103 (Minn 1998). 14 Minn. Stat. § 504B. 285, subd. 1a requires a minimum notice period of 90 days. Some tenants 15 get a longer notice period Id Page 7 10. Icertify that, to the best of my knowledge: 0 this document is not being filed for an improper reason, such as harassment or delay, 0 my claims are supported by the law, and 0 there is evidence for my claims and/or my denials. Iknow that I may be fined or sanctioned by the court if this certification is false. of perjury that everything I have stated'In this documentIS true and Ideclare under penalty 16 correct. Q Date X” l? ”W Neal De‘fendant (Tenant) Avf LOSS Address: — Wk/W) Gen/N (we KPHar A’ <’\’ D“ UK l Mk1 53.5704 Ema” way/n Ca a 04/3 @Clmw/(W Phone: L011 4%3P W55 1‘ Minn. Stat. § 358.116. Page 8 transportation, childcare, and domestic abuse. I’m starting fresh and feel less stress with my crisis going on. I am actively looking for a job and plan to start back school and. Finish my program in the next two months. From there I’ll start my journey for my career as a esthetician. I plan to strive in the service industry while also obtaining and maintaining a job as well. Im currently receiving more help from the father of my son with watching our son so I can get to work and school. My situation is going to change from the past 2 1/2 years because I actually have goals that want to reach and a plan to commit to I feel more supported focused and confident in the next steps of this journey Attached Documents 4. Defendant attaches the following documents in support of this motion: Exhibit Number Description GUMsK/OIQP MFlP 0+ imam/Ll em on w 5ETT1€M6MT Mate/camera“ :EF? Ohm/4m magma {Oman/re) 26W W’Dq52— am “5056 Verification and Acknowledgements 0 I have read this document. To the best of my knowledge, information and belief the information contained in this document is well grounded in fact and is warranted by existing law. 0 I have not been determined by any court in Minnesota or in any other State to be a frivolous litigant or subject to an Order precluding me from serving and filing this document. Notice of Motion and Motion for Expungement 14 have inherent authority to perform a judicial action when the relief requested “is necessary to the performance of a judicial function as contemplated in [the] state constitution.” In re: Clerk of Court ’s Compensation for Lyon County v. Lyon County Commissioners, 241 N.W.2d 781, 786 (Minn. 1976). Courts have inherent authority to control their own records, along with the equitable power to prevent unfairness to individuals. State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981). The court “must decide whether expungement will yield a benefit to the petitioner commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing and monitoring an expungement order.” Id. Defendant asks the court to expunge this file within its inherent authority for the following reasons: Expungement is necessary to the performance of the judicial function of justice as contemplated in the Minnesota State Constitution. Minn. Const. Art. 1 § 8. The benefits of expungement to Defendant are equal to, or greater than, any disadvantage to the public from elimination of the record and any burden on the court in expunging the record of this case for the following reasons: The burden on the court in issuing an expungement order in this action is minimal. .this eviction is making it hard on me to find a place for my son and I. Also stability is something I really need I wasn’t able to finish my college program and resigned work due to experiencing homelessness. I’m a single mother doing my best to catch up on past due bills and debts. I’ve been getting turned down for every place I applied. This eviction on my record is very crucial to my family’s safety and security. I’ve had difficulties these past 2 1/2 years with on and off working and tryin go to maintain bills ect. .as I stated prior to this statement I have been battling with depression and stability for the past 2 1/2 years. It was very hard for me to keep a job due to Notice of Motion and Motion for Expungement 13 STATE OF MINNESOTA DISTRICT COURT 2nd JUDICIAL DISTRICT COUNTY OF RAMSEY CASE TYPE: EVICTION ACTION (HOUSING) Noel Smith, NW - P1aintiff(s), AFFIDAVIT OF the name (fill in 3! ! Um of the person V. S‘hmmns mm, WA - making the statement) Defendant(s). Case No. 62-HG-CV-22-1130 STATE OF Mme/SM ) COUNTY OF @564 ~ ail] in the State and County ) ) s s. where this document was signed) 1, 5m W this statement) 0711 in the name of the person making ,being duly sworn under oath, state and attest as follows: 1. My name 13 N56 (name ofperson making statement) .Iam 2; l years old. (age ofperson making statement) Iliveat DWMW" ’KOSS gab»! (QJUZ WWR (fill in address of the person making this statement) 2. Iknow the Defendant(s) because: Th€~l| MC W WVvak Mmaqemem- IL” was Prom/FM ra’mnj W ‘ 3. I would like to tell the Court the following about this eviction case or facts related to this eviction case: I was awareot WON} o4 wen mm. m\;\\ {>1 monolak wlmca (Md/0+ meet “me duke cfl/Jré rewlreol For me 173 We {xx/r date, (601* or 3,, qua/en“ \e/flar from men/1. If statements from other people will help you prove any of the items listed or above, anything else that you’ve said in your request for then should expungement, you try to get an affidavit from that person. You can use the affidavit form on the next page. Evidence Checklist 7 l6, SSI €61 M A. IDA .‘D '1’ J‘. II S?“ IUL’ I‘AAWL raga} PQAQ, Q; 1132 Wad Milli/A7" stated in this document is true and I declare under penalty of perjury that everything I have correct. Minn. Date: 08 ’ Stat. i 2’ § 358.116. 2f2 f Signature SM 51934 Kmart/i Printed Name STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY 2nd JUDICIAL DISTRICT CASE TYPE: EVICTION ACTION fiOUSING Noel Smith, Plaintiff(s), NOTICE OF MOTION AND v. mW3 Neel-Smith, 1E Lf MOTION FOR EXPUNGEMENT Defendant(s). Case No. 62-HG-CV-22-1130 TO: DISTRICT COURT ADMINISTRATOR; PLAIN TIFF (S) NOTICE OF MOTION PLEASE TAKE NOTICE that at a.m./p.m. on , Defendant(s) will bring the following Motion on for hearing before the Presiding Referee or Judge of District Court, at the following location: MOTION 1. Defendant asks the Court for the immediate expungement of this eviction case court file. Reguest for statutory expungement Minn. Stat. § 484.014, subd. 2 2. The Court may order expungement upon finding that “the plaintiff s case is sufficiently without basis in fact or law, which may include lack of jurisd iction over the case, that expungement is clearly in the interests of justice and those interests are not outweighed by Notice of Motion and Motion for Expungeme nt 10 the public’s interest in knowing about the record.” Minn. Stat. § 484.014, subd. 2. A. Plaintiff’s case is sufficiently without basis in fact or law for the following reaSOl’lSI Service of this case was improper; the Court lacked jurisdiction over me. Minn. Stat. § 504B.331; Koski V. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) (strict compliance with Minn. Stat. § 504B.331 is required for the court to obtain jurisdiction). The affidavit of service says that I was personally served, but no one ever handed me the summons and complaint for this case. Minn. Stat. § 504B.331. Service was improper. The named Plaintiff served me, as evidenced by the affidavit of service. Minn. R. Civ. P. 4.02; Lewis v. Contracting Northwest, Inc., 413 N.W.2d 154 (Min . Ct. App. 1987). Plaintiff’s complaint failed to sufficiently plead compliance with address disclosure required by Minn. Stat. § 504B.181, and thus failed to state facts authorizing recovery of the premises. Minn. Stat. § 504B.321 requires the Plaintiff in an eviction action to state facts authorizing recovery of possession; “where a statute recites preconditions for commencement of an action, facts establishing compliance must be pleaded.” Biron v. Board of Water Commissioners, 43 N.W. 482 (1889). Moreover, Minn. Gen. R. Prac. 604(a)(3) requires that the complaint contain “A statement of how plaintiff has complied with Minnesota Statutes, section 5043.181, by written notice to the defendant, by posting or by actual knowledge of the defendant.” 0 Plaintiff is an agent suing in Plaintiff’s own name in violation of Minn. Gen. R. Prac. Notice of Motion and Motion for Expungement 11 603, which provides that, “No agent shall sue in the agent’s own name.” WK— the owner of the premlses at Issue 1n thls case, not Plalntlff. NW _ Twit/(WV B. Expungement is clearly in the interests of justice for the above-mentioned reasons and the following reasons: .this eviction is making it hard on me to find a place for my son and I. Also stabilitv is something I really need I wasn’t able to finish mv college program and resigned work due to experiencing homelessness. I’m a single mother doing my best to catch up on past due bills and debts. I’ve been getting turned down for every place I applied. This eviction on my record is very crucial to my family’s safety and security. I’ve had difficulties these past 2 1/2 years with on and off working and tryin go to maintain bills ect. C. The interests of justice are not outweighed by the public’s interest in knowing about the record for the following reasons: .as I stated prior to this statement I have been battling with depression and stability for the past 2 1/2 years. It was very hard for me to keep a iob due to transportation, childcare, and domestic abuse. I’m starting fresh and feel less stress with my crisis going on. I am actively looking for a iob and plan to start back school and. Finish my program in the next two months. From there I’ll start my ioumey for my career as a esthetician. I plan to strive in the service industg while also obtaining and maintaining a job as well. Im currently receiving more help from the father of my son with watching our son so I can get to work and school. My situation is going to change from the past 2 1/2 years because I actually have goals that want to reach and a plan to to I feel more supported focused and commit confident in the next steps of this ioumey Request for expungement in the Court’s inherent authority 3. Defendant asks the court to expunge this file within the court’s inherent authority. Courts Notice of Motion and Motion for Expungement 12