Addressing Issues in a Trial Brief

Here is a water downed example of a UD trial brief:

TRIAL BRIEF (Jury Version)

What This Case Is About

This case is about who has the right to live in the property. The owner says the guests no longer have permission to stay. The guests say they still have a right to be there.

Basic Facts

• The owner controls the property through a family trust.

• The guests are relatives of the owner and the person who created the trust.

• While that person was alive, the guests were allowed to live in the property without paying rent.

• Later, the owner took back that permission, but the guests refused to leave.

• Some guests told the owner directly that they would not move. Another guest made statement for the purpose to harass the owner to harass owner to stop him from removing the guests.

• The owner gave a 60-day notice to move out. When the time ran out, the guests stayed. The owner then filed this case.

Guests’ Side

• One guest says they helped pay the mortgage.

• One guest says the trust and will give them the right to stay.

• They also claim the notice to move was not valid.

Owner’s Side

• The owner asked the guests to answer questions and provide documents before trial. The guests refused.

• The owner says that helping with mortgage payments does not make someone a tenant.

• The guests never had a rental agreement, so they are licensees, not tenants. A license can be revoked at any time.

• The property is a single-family home, never rented, so city rent-control rules don’t apply.

• The only issue is possession — who gets to live there — not ownership.

What the Owner Wants

The owner only asks the court to return possession of the property. No money damages are being claimed.

Extra Information

• None of the guests have filed legal papers in probate court to challenge the trust or claim rights to the property.

• The guests may feel upset because they have lived there for a long time, but their feelings do not create a legal right to stay.