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BOZGOZ VS. ESSAKHI, NO.

16-2-12303-7 - FEBRUARY 24, 2017

6 IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF PIERCE


STATE OF WASHINGTON
7 ___________________________________________________________
MARGARET BOZGOZ, as )
8 Personal Representative of)
the Estate of Evalani A. )VERBATIM REPORT OF PROCEEDINGS
9 Yockman and Elda Yockman, )Superior Court No. 16-2-12303-7
Daughter of Evanlani A. )
10 Yockman, )
)
11 Plaintiffs, )
)
12 vs. )
)
13 YOUSSEF ESSAKHI and JANE )
DOE ESSAKHI, husband and )
14 wife, individually and as )
the marital community )
15 composed thereof, and )
LIFE TRANSPORTATION, INC.,)
16 a Washington corporation )
insured by Zurich )
17 Insurance. )
Defendants. )
18 ___________________________________________________________
APPEARANCES
19
MARGARET BOZGOZ, Pro Se, appeared on behalf of the
20 Plaintiffs.

21
BE IT REMEMBERED that on the 24th day of February 2017,
22 the above-captioned cause came on duly for hearing before
the HONORABLE STANLEY J. RUMBAUGH, Judge of the Superior
23 Court in and for County of Pierce, State of Washington; the
following proceedings were had, to-wit:
24

25 Shaun Linse, CCR #2029, Official Court Reporter

SHAUN LINSE, CCR NO. 2029 1


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 February 24, 2017

2 9:06 a.m.

3 * * * * *

4 (Civil docket reported, but not transcribed.)

5 THE COURT: Ms. Bozgoz, I'm about to start lengthy

6 hearings, so if you want to step up here, I want to explain

7 to you what happened and why the Court ruled the way it did

8 and why I denied your motion for reconsideration.

9 In Washington state we have what's called CR 11

10 court rule requiring that all pleadings be signed by an

11 attorney of law except when you're representing yourself.

12 MR. KING: Judge, with all due respect, I filed a

13 notice of media coverage pursuant to General Rule 16. I

14 believe the Court is to review that before I am denied.

15 We're in litigation right now over that.

16 THE COURT: Mr. King, why don't you have a seat,

17 please. I did not receive any notice of media coverage.

18 MR. KING: I have it here. Your attorneys have it

19 as well.

20 THE COURT: I did not receive it in this action.

21 This action is not on my docket, and I'm speaking to

22 Ms. Bozgoz --

23 MR. KING: On the record, right?

24 THE COURT: As a courtesy on the record.

25 MR. KING: Okay. Well, if it's on the record, why

SHAUN LINSE, CCR NO. 2029 2


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 can't I video it?

2 THE COURT: Because, first of all, I think that

3 your media notice was not received by this court. I think

4 it's contrived.

5 MR. KING: Contrived?

6 THE COURT: Yes.

7 MR. KING: This is a court document. It's not

8 real? I have used it in hundreds of other cases.

9 THE COURT: Well, I'm not going to allow you to

10 video, so you can have a seat.

11 MR. KING: So I guess it's a lawsuit. Thank you.

12 THE COURT: Ms. Bozgoz, as I was explaining to

13 you, the rule requires that all pleadings be signed by an

14 attorney. If you're representing yourself, you personally,

15 Ms. Bozgoz, you can sign for yourself as a pro se litigant,

16 but if you're representing another entity like a

17 corporation, like an LLC, like an estate, you can't

18 represent yourself. I realize that and you have told me

19 that it was your sister --

20 MS. BOZGOZ: No, it's my cousin.

21 THE COURT: Your cousin had power of attorney.

22 MS. BOZGOZ: Full power of attorney she gave to

23 me.

24 THE COURT: But power of attorney is not a

25 licensed attorney. Power of attorney only allows her to

SHAUN LINSE, CCR NO. 2029 3


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 speak on your behalf but still doesn't comply with Rule 11.

2 The case law in this state is quite clear about that, and

3 that's why I struck the pleading.

4 MS. BOZGOZ: Sir, she gave me a full power of

5 attorney because she could not speak on her behalf because

6 she was the one that found her mother halfway dead, so she

7 told me, asked me to speak on her behalf, which I did.

8 THE COURT: I understand, and I don't dispute that

9 you have power of attorney, but the rule is clear. The rule

10 requires that nonindividual entities be represented by

11 counsel, and that pleadings be signed by counsel, unless you

12 represent yourself in your personal capacity.

13 MS. BOZGOZ: Sir, you do realize that my attorney

14 quit two weeks before the statute of limitations ran out

15 because I found out that they were talking to Zurich, the

16 insurance company, and they were negotiating behind my back.

17 THE COURT: That's an issue that you need to take

18 up with them.

19 MS. BOZGOZ: Exactly. So as the personal

20 representative for the estate and as the personal

21 representative for my cousin, I had an obligation to do my

22 job and to file and sign the claim.

23 THE COURT: Well, I'm just telling you how it

24 works legally and that's why.

25 MS. BOZGOZ: Sir, I gave you examples of --

SHAUN LINSE, CCR NO. 2029 4


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 THE COURT: I don't need examples. I have the

2 court rule.

3 MS. BOZGOZ: It's precedences and it's the law,

4 and I gave you examples of where I had every right to sign a

5 claim; otherwise, it would be gone forever.

6 THE COURT: You cannot sign a pleading, a

7 complaint on behalf of an estate and file it in superior

8 court unless you're a licensed attorney. You can look at

9 the court rules on that.

10 MS. BOZGOZ: I don't trust licensed attorneys.

11 THE COURT: I'm sorry that you don't. That is

12 your privilege to not trust.

13 MS. BOZGOZ: I had no other choice but to do that,

14 and I have given you several past precedences of where this

15 is not just superior court but higher have provided examples

16 where you can file a claim and you can sign it when you have

17 full representation. I had that. She gave that to me. She

18 falls under the American with Disabilities Act like I told

19 you. I did file also reasonable accommodation, which was

20 thrown out.

21 Bottom line up front, the reason I'm here is

22 because I found my attorney negotiating behind my back.

23 They quit two weeks before the statute of limitations ran

24 out, and the insurance company got two lawyers that knew

25 that I had POA, and they capitalized on that complaint and

SHAUN LINSE, CCR NO. 2029 5


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 they tried to dismiss it, and they did dismiss it on the

2 23rd of December. I could have got an attorney when I

3 asked -- if you would have not denied my reasonable

4 accommodation, I could have got an attorney. I asked for a

5 continuance for 90 days which was denied.

6 THE COURT: It would not have changed. The

7 statute of limitations had run. If you don't like this

8 decision, I have denied your request for reconsideration,

9 you can seek relief in the appellate court, if you choose.

10 MS. BOZGOZ: I will.

11 THE COURT: All right. Thank you, ma'am. You can

12 step down.

13 MS. BOZGOZ: When will I receive the denial?

14 THE COURT: It's been filed.

15 MS. BOZGOZ: It's been filed. When?

16 JUDICIAL ASSISTANT: On Tuesday.

17 MS. BOZGOZ: You all know I was in the air, so I

18 didn't know.

19 (Civil docket continued, but not transcribed.)

20 * * * * *

21 (Adjourned at 12:25 p.m.)

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SHAUN LINSE, CCR NO. 2029 6


Dept. 1, Superior Court 253.798.7482
BOZGOZ VS. ESSAKHI, NO. 16-2-12303-7 - FEBRUARY 24, 2017

1 C E R T I F I C A T E

3 STATE OF WASHINGTON )

4 )

5 COUNTY OF PIERCE )

7 I, Shaun Linse, Official Shorthand Reporter in and

8 for the County of Pierce, State of Washington, do hereby

9 certify that the foregoing proceedings were reported to me

10 on February 24, 2017 and reduced to typewritten form.

11 I further certify that the foregoing transcript of

12 the proceedings is a full, true, and correct transcript of

13 my machine shorthand notes of the aforementioned matter

14 dated this 13th day of March 2017.

15

16

17

18 _______________________________

19 Shaun Linse, CCR


CCR# 2029
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SHAUN LINSE, CCR NO. 2029 7


Dept. 1, Superior Court 253.798.7482