You are on page 1of 26

Page 1

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
)
IN RE ESTATE OF )
) No. 16-4-06644-2 SEA
LEEANNA RUTH MICKELSON )
)
)
)
)
)
)
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
HEATHER JEAN ELSIE LINCOLN )
BENEDICT, ) To be filed in:
Appellant, ) Court of Appeals No.:
) 76955-3-I
v. )
)
JAMES ALBERT MICKELSON, )
)
Respondent.
)
)
)
)
)

VERBATIM REPORT OF PROCEEDINGS
(FROM TAPED PROCEEDINGS)
VOLUME I
BE IT REMEMBERED that the foregoing and numbered proceeding
was heard on January 3, 2017, before THE HONORABLE CARLOS
VELATEGUI, Commissioner.
HEATHER MICKELSON, Pro Se Petitioner, appearing
telephonically;
ANTHONY TAYLOR, Attorney at Law, 4505 Pacific Highway E.,
Suite A, Fife, WA 98424, appearing on behalf of James
Mickelson.

(Proceedings transcribed by: Adrienne Kuehl)
WHEREUPON, the following proceedings were had and done,
to wit;

CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 2

INDEX

Pages

Colloquy, pages 4-25.

CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 3

EXHIBITS

Offered Admitted Denied

None admitted.

CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 4

1 THE COURT: Mickelson.

2 MR. TAYLOR: Your Honor, I’m Anthony Taylor. I am the

3 moving party on this motion that I reasonably believe that

4 the Petitioner will be showing up today.

5 THE COURT: She won’t. She’s asked for reasonable

6 accommodation, which means I’m going to call her on the

7 phone.

8 MR. TAYLOR: Oh, all right.

9 THE COURT: Here you go.

10 MR. TAYLOR: Thank you, sir.

11 (Telephone call initiated)

12 THE COURT: Okay. So the number here is (253) 209-

13 7434.

14 MS. MICKELSON: Good morning. This is Heather.

15 THE COURT: Yes. This is Commissioner Velategui in

16 the King County courthouse in the ex parte department.

17 MS. MICKELSON: Great.

18 THE COURT: And I’ve called the case of the Estate of

19 Leanna -- uh, the Estate of Leeanna Ruth Mickelson.

20 MS. MICKELSON: Great. And my name is Heather Jean

21 Mickelson. I am the decedent of the -- heir to the

22 decedent.

23 THE COURT: All right. I’ve read the working papers

24 today, both yours with some transcripts from the

25 proceedings in Pierce County.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 5

1 MS. MICKELSON: Uh huh.

2 THE COURT: And the moving papers, of course, filed by

3 the moving party here.

4 As I understand it, the Motion to Dismiss here is

5 based on the fact that the case is, in fact, still pending

6 in Pierce County. So with that, Counsel, make your motion.

7 MR. TAYLOR: Thank you, Your Honor. Anthony Taylor

8 appearing on behalf of James Mickelson. He’s the surviving

9 spouse of the deceased, Leeanna Ruth Mickelson. And this

10 our Motion to Dismiss, along with CR 11 sanctions and

11 attorney’s fees.

12 This is based very, very in a straightforward manner

13 based on the Petitioner’s violation of the aspect of filing

14 a second time around after the case in Pierce County has

15 been litigated over a six month period to the point of

16 resolution.

17 Three important orders in Pierce County had to do with

18 a dismissal with prejudice of the Petitioner’s Petition for

19 Adjudication of Intestacy and Heirship that occurred on

20 June 16th of this year. The Petitioner sought a

21 reconsideration. That was denied on July 11th, 2016. This

22 case went on to a revision requested by the Petitioner that

23 was denied on November the 18th. In -- in my thinking,

24 this case in Pierce County was completed to the point of a

25 resolution.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 6

1 In addition to that, the Petitioner did file, and

2 sought, and obtained a -- an entry to the Court of Appeals,

3 who accepted review and the letter was dated July 20th of

4 this year.

5 It’s a situation where the Petitioner, I believe,

6 having been displeased by the outcome in Pierce County, has

7 subsequently came to King County and filed on November the

8 16th, some six months after she filed the -- almost

9 precisely the same petition in Pierce County. This is

10 clearly a violation of res judicata, claim preclusion,

11 however you’d like to look at it. And it’s a situation

12 where the style of the pro se Petitioner has been to seed

13 as much confusion as possible in the King County case. The

14 list of documents filed in the Pierce County case runs to

15 three pages, single spaced, most of that filed by the

16 Petitioner.

17 So I -- I would ask the Court, based on that, and in

18 terms of CR 11, she’s been advised by the Court at least

19 twice that I’m aware of in Pierce County, and advised by my

20 office that this kind of filing in King County is totally

21 inappropriate. It damages the respect for the Court. It

22 caused a great deal of stress for my client, Mr. Mickelson.

23 And he has incurred substantial attorney’s fees, both from

24 King County, and now -- I’m sorry, from Pierce County and

25 now additional fees here in King County.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 7

1 The Petitioner is -- is pro se. But she is not

2 unsophisticated in regards to how she litigates things.

3 Her style is to bring up issues without any reference,

4 hardly, to facts or to legal argument. And so we’re asking

5 that we be awarded sanctions under CR 11 in the amount of

6 $5,000, plus attorney’s fees and costs that we’ve provided

7 evidence to the Court of in the amount of $2,630.

8 Her -- her motion here -- her petition and the facts

9 that she states are simply largely manufactured facts.

10 They’re not warranted by law. And it is arguable that her

11 arguments are imposed for an improper purpose. This is a

12 family that’s in a great deal of stress. There are two

13 grown sons, as well as a sister to the Petitioner. And my

14 client has been -- has been burdened by this for more than

15 six months.

16 And so we would ask that the petition, along with all

17 the other associated filings, be denied. And that -- that

18 the Petitioner should not be allowed to file any more

19 documents in this unless she hires an attorney. Thank you,

20 Your Honor.

21 THE COURT: Ms. Mickelson, is that the correct

22 pronunciation, by the way?

23 MS. MICKELSON: Mickelson.

24 THE COURT: Mickelson.

25 MS. MICKELSON: Thank you for asking.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 8

1 THE COURT: Yeah.

2 MS. MICKELSON: Yeah.

3 THE COURT: Um --

4 MS. MICKELSON: May I respond?

5 THE COURT: -- I’m just looking in my court file here

6 just to make sure that I can see how the case has

7 proceeded. And then I would like you to respond, yes.

8 MS. MICKELSON: Just let me know when you’re ready.

9 THE COURT: Sure. I’m almost to the bottom of the --

10 almost to the bottom. Give me just a minute to take a look

11 in this court file for a minute now.

12 MS. MICKELSON: Okay.

13 THE COURT: All right, Ms. Mickelson. You can

14 proceed.

15 MS. MICKELSON: Okay. Um, I’m here today to ask the

16 Court for one Finding of Fact. It’s not manufactured.

17 It’s a fact that my mom died without a will, intestate. No

18 other order in any other county existed. On May 16th, 2016,

19 Pierce County destroyed the Order of Intestacy and for six

20 months, I attempted to restore that order.

21 I did not prevail, and so I went to King County. And

22 according to the probate statutes, any county in Washington

23 state can preside over a probate or estate. And rulings

24 apply without regard to venue. They weren’t in sync in a

25 unified field. And I -- the corruption in Pierce County
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 9

1 was awful. To have a clerk collude with Luce & Associates

2 to shred an Order of Intestacy is outrageous. And the

3 corruption continues --

4 MR. TAYLOR: I’m going to order -- enter my objection,

5 Your Honor.

6 THE COURT: Just a minute. There’s an objection. You

7 have to speak out loud, Counsel. We’re on the record.

8 MR. TAYLOR: Thank you, Your Honor.

9 THE COURT: So what’s your objection?

10 MR. TAYLOR: I’m going to object to the line of

11 discussion here from the Petitioner in that it’s not

12 relevant to the issue that’s before the Court today in that

13 the Court needs to decide whether or not a violation of res

14 judicata occurred, and whether or not this case is going to

15 be dismissed.

16 THE COURT: All right. Thank you. I’ll allow her to

17 proceed. Go ahead, Ms. Mickelson.

18 MS. MICKELSON: Okay. Um, on May 17th, according to

19 billing statements of Luce & Associates, they communicated

20 with the Clerk in Pierce County Superior Court before

21 anyone was even served. So there is corruption. And it

22 did go -- it is in the Court of Appeals Division Two. But

23 that is tainted just as well. It’s just as scary. The

24 Presiding Chief Judge, Lisa Worswick, is a former employee

25 of Luce & Associates.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 10

1 The Superior Courts of Washington state, all of them

2 work in sync. Because if there is corruption of the

3 (Inaudible) it can go to a different court. It is relevant

4 what I’m saying. The Order of Intestacy that was destroyed

5 needs to be restored. And if there’s any last man standing

6 with any integrity, it is here in King County. And

7 therefore, this cannot be dismissed. You cannot dismiss a

8 probate. It is a fact. The adjudication of intestacy, the

9 only statutory response today is to come forward with a

10 will.

11 Thank you, Your Honor.

12 THE COURT: All right. Give me just one second. And

13 Counsel, I’ll have your response.

14 MR. TAYLOR: Thank you, Your Honor.

15 THE COURT: Your reply, actually.

16 MR. TAYLOR: In -- in regards to the Petitioner’s

17 complaints about a lost court order, first of all, I don’t

18 think that’s relevant to our discussion today. But in

19 fact, within a few days of the alleged lost court order in

20 Pierce County, the Petitioner returned to the

21 Commissioner’s court there and requested that it be

22 approved, a second attempt to do exactly the same thing.

23 The court at that time denied her request. And that is

24 part of the court file in King -- in Pierce County. And so

25 the issue of whether or not an order was lost is moot.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 11

1 Secondly, her contention that there’s rife corruption

2 in Pierce County is ridiculous on its face. And secondly,

3 the reason for the dismissal in the first place was because

4 these parties executed a perfectly valid Community Property

5 Agreement before Ms. Mickelson passed away. And that is

6 exactly the reason why the case was dismissed. Thank you.

7 THE COURT: And when was the Community Property

8 Agreement executed?

9 MR. TAYLOR: November the 3rd, 2011.

10 THE COURT: Uh huh.

11 MR. TAYLOR: And of course, a Community Property

12 Agreement was consistent with RCW 26.16.120, in which the

13 decedent indicated that all property would be passing to

14 the surviving spouse, both community and separate.

15 THE COURT: Ms. Mickelson, are you aware of the

16 Community Property Agreement?

17 MS. MICKELSON: Your Honor, I am. It was not recorded

18 until April 2016. And it -- the validity is questionable.

19 Community Property Agreements don’t belong in probate.

20 That’s real property. I’m here to just ask (Inaudible) and

21 restore the order, which you have, from May 16th in Pierce

22 County Superior Court.

23 I have a verbatim proceedings -- transcript of

24 proceedings which show that indeed this order was entered.

25 THE COURT: Uh huh.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 12

1 MS. MICKELSON: Therefore, we’re not here to talk

2 about a community property that was not executed until just

3 a couple months ago. We’re here to just rule that my

4 mother passed away without a will.

5 There’s significant separate property. And it’s my

6 understanding that a community -- that separate property

7 can only be transferred through a will. And that’s for

8 another day (Inaudible) --

9 THE COURT: I’m sorry, I -- I’m confused about the

10 date -- the date that the Community Property Agreement was

11 -- was executed. It was executed in 2011; is that right,

12 Counsel?

13 MR. TAYLOR: That’s correct.

14 THE COURT: And it was recorded in April of 2016?

15 MR. TAYLOR: That is correct, Your Honor.

16 THE COURT: All right, thank you.

17 MR. TAYLOR: The statute does not require a recording.

18 THE COURT: Right.

19 MS. MICKELSON: And its validity is questionable,

20 because they -- as matter of policy, they use blue ink for

21 original signatures. And my dad’s is in blue, and my mom’s

22 is in black. And so that’s for another time to question

23 the validity of this agreement.

24 We’re here today to just say that my -- the Court to

25 find a fact that my mom died without a will.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 13

1 THE COURT: That -- and -- and, um -- uh, do you have

2 -- do you have some legal authority? Have you received

3 some legal advice from someone who could point you to the

4 law about blue ink and black ink and -- and the filing of -

5 - the filing of -- of a -- um, a Community Property

6 Agreement not having any effect over separate property? Do

7 you have some --

8 MS. MICKELSON: I do have some -- I do have case law,

9 and that was Robert Mucklestone as well, who wrote the

10 intestate binder for the Washington Bar Association.

11 THE COURT: Okay.

12 MS. MICKELSON: But again, we’re not here to talk

13 about or dispute the Community Property Agreement. We’re

14 here to just do a finding of fact that my mother passed

15 away intestate.

16 THE COURT: Well, okay. So let me just then briefly

17 summarize. What was -- what was the blue ink, black ink

18 argument you made?

19 MS. MICKELSON: Well, we’re here not to talk about --

20 THE COURT: Oh.

21 MS. MICKELSON: -- the validity of the Community

22 Property Agreement. It was Luce & Associates’ own policy

23 that they use blue ink to show an original signature. And

24 my mom’s was in black.

25 THE COURT: Oh. And there -- there has been -- the
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 14

1 only probate other than this one is the -- is the probate

2 that you filed in Pierce County; is that correct?

3 MS. MICKELSON: That is correct. And that was

4 dismissed, which is a very odd ruling. Dismissal is when -

5 - happens -- my understanding is when somebody is still

6 alive or if there is another probate open. With this

7 dismissal, there wasn’t another probate open.

8 THE COURT: I see.

9 MS. MICKELSON: Which is why I brought it forth to

10 King County.

11 THE COURT: Okay. So and the appeal in Division Two,

12 how’s that going?

13 MS. MICKELSON: Um, we’re just asking to restore an

14 order. I filed the brief. And we’re just going down that

15 path. But it can be dismissed from the Court of Appeals

16 after four months, when this Order of Intestate becomes

17 (Inaudible). I’ve asked the Court of Appeals for a stay

18 until the four months. And so long as nobody comes forward

19 with a will, there’s no need for it to continue with the

20 Court of Appeals.

21 THE COURT: I see.

22 MR. TAYLOR: Your Honor, as you -- as I’m sure you

23 know, under the -- under the res judicata --

24 THE COURT: Oh, thank you, Counsel.

25 MR. TAYLOR: -- kind of analysis, Your Honor, uh, it’s
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 15

1 going to apply to all issues that were actually litigated,

2 as well as those that could have been litigated. And

3 again, the style of the Petitioner here is to drag up all

4 kinds of issues. But she doesn't follow through and

5 provide any support for any of them. Thank you.

6 THE COURT: Yeah.

7 MS. MICKELSON: Your Honor, I find it very strange

8 that my mom trusted Luce & Associates to carry out her

9 probate. They have failed to even come forward to be the

10 executor or administrator. And they are in agreement that

11 my mother had -- did not have a will. That was their legal

12 advice to her when she was terminally sick. It’s very

13 strange that they are disputing a Finding of Fact. The

14 only statutory response is to come forward with a will.

15 It’s the simplest form of probate.

16 THE COURT: Actually -- so, I’ll make the following

17 findings, which I will incorporate in my written ruling.

18 I’m incorporate my oral opinion because I’m not going to

19 take the time to write it out. Or maybe Counsel will want

20 to take the time to write it out. It’s up to him. He can

21 let me know when we’re done.

22 Number one, um, a probate was filed in Pierce County.

23 A petition, I take it, of some sort, to adjudicate

24 intestacy and heirship; is that what it was, Ms. Mickelson?

25 MS. MICKELSON: It was. It was the exact same one
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 16

1 that you had ruled on.

2 THE COURT: All right.

3 MS. MICKELSON: And that should have ended that same

4 day. And the six months shouldn’t have -- there should

5 have been no other litigation beyond that.

6 THE COURT: And, um -- um, that adjudication was --

7 was filed approximately when?

8 MS. MICKELSON: May 16th, 2016. The Petition was. The

9 Order was never filed. It was destroyed or lost within the

10 clerk’s office.

11 THE COURT: And so was the, uh, adjudication of

12 intestacy and heirship ever granted in Pierce County?

13 MS. MICKELSON: It was -- it was granted on May 16th,

14 2016. And I provided the verbatim transcript of

15 proceedings which show that the order was entered.

16 However, the signed order disappeared.

17 THE COURT: And then you -- you returned to court, did

18 you, to do something about that?

19 MS. MICKELSON: I did. I asked -- I’ve been before

20 seven judges and Commissioners to ask to restore it,

21 including the presiding judge of Pierce County. And they

22 have failed to restore a probate document on their own,

23 which is -- any Superior Court --

24 THE COURT: Well, who -- who -- who --

25 MS. MICKELSON: -- I believe that that (Inaudible) --
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 17

1 THE COURT: -- who granted -- who granted the first

2 order on the 16th?

3 MS. MICKELSON: It was Commissioner Karena Kirkendoll

4 in ex parte.

5 THE COURT: And did you go back in front of that

6 Commissioner to get the order restored?

7 MS. MICKELSON: I did. And she gave me -- she ruled

8 that I needed to take the legal advice of the clerk, and

9 not at the law library. And I went before her twice. And

10 she denied any intestate ruling. And the clerk gave me bad

11 legal advice to -- to do a hearing versus the ex parte

12 proceedings.

13 THE COURT: I see.

14 MS. MICKELSON: So I was court ordered out of the law

15 library and forced to take the legal advice of the clerk.

16 THE COURT: Okay. Um, well, as you say, the exact

17 same petition that’s now pending before me was filed in

18 Pierce County in May of 2016. And this action was filed in

19 this court in November 2016. And some time after May and

20 before November, the Commissioner in Pierce County denied

21 an Order of Adjudication and Intestacy and Heirship. And

22 in fact, subsequent thereto, that Commissioner, or some

23 other Commissioner or Judge of Pierce County dismissed that

24 case.

25 You then, um, appealed the issue, I take it, of the
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 18

1 missing order.

2 MS. MICKELSON: Uh huh.

3 THE COURT: And not the order of dismissal. Um --

4 MS. MICKELSON: There -- there was two filings to the

5 Court of Appeals.

6 THE COURT: Now, did you appeal the Order of

7 Dismissal?

8 MS. MICKELSON: Yes, I did.

9 THE COURT: Oh. Timely?

10 MS. MICKELSON: I did, yes.

11 THE COURT: Okay. Uh, and so, quite interestingly,

12 then, the Pierce County case is still pending action. It

13 is presently before the Court of Appeals. And therefore,

14 this Court would not have any jurisdiction to address the

15 same issue.

16 Um, I’m going to assume that you don’t have anyone

17 giving you any kind of legal advice and you can’t provide

18 me with any legal argument that would indicate that there

19 is some issue of law that after 30 years of practice on the

20 bench here, I’m unaware of in the probate arena.

21 In addition, um -- um, I think having read the

22 transcripts from Pierce County this morning with much

23 interest, I note that the Judge there kept telling you

24 you’re going to need to get some legal advice. And

25 apparently you have no one to assist you in that regard.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 19

1 And you are appearing pro se, as you say.

2 Um, and you have, apparently, without any kind of

3 legal assistance, filed this case in King County, asking

4 for the same relief that you asked for in Pierce County, on

5 the assumption that legally you’re entitled to a Finding of

6 Fact that your mother died without a will.

7 A Petition for Adjudication of Intestacy and Heirship

8 is not a proceeding to determine such a fact. In fact, it

9 is a proceeding to find that the heirs are entitled to

10 receive portions of the decedent’s estate and the shares

11 shown in the petition.

12 Uh, and so the relief that you have -- that you are

13 seeking, a finding of intestacy, is not available to you in

14 this proceeding, nor would it have been available to you in

15 the Pierce County proceeding under the -- given that you

16 filed there, the exact same petition, as you told me, that

17 you filed here.

18 The Judge there suggested that you get legal advice.

19 He chastised your process server about commenting in court

20 and told you to find a real lawyer who could help you. And

21 you have decided that you either can’t afford one or can’t

22 find one to represent you, so you will represent yourself.

23 And you have made a filing in King County that is

24 unwarranted in the law. Um, clearly, as a matter that is

25 pending in Pierce County. And so this Court would have no
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 20

1 jurisdiction. I’ll refer to the Seahawks case. I think

2 Counsel, in his brief, referred to some other case that

3 says the first court that gets jurisdiction of a case keeps

4 it.

5 I note that the Judge made a comment at one point in

6 time that oh, maybe a visiting judge should hear it, since

7 you filed a complaint against the County, or maybe venue

8 should be changed. But you don’t get to change venue by

9 simply filing a case in another county that you choose.

10 Venue is only changed by your making a motion in front of

11 the court that has the case currently and asking them to

12 change venue. It’s up to them to make that decision, not

13 up to you to file in another county. And you -- so you’ve

14 done that.

15 Um, and lastly, you’re aware that there exists a

16 Community Property Agreement. The opening of a probate is

17 sort of a puric (phonetic), no-win waste of time effort to

18 file -- at least to file a Petition for Adjudication of

19 Intestacy and Heirship because there’s nothing in the

20 Estate. The Community Property Agreement is one of those

21 traditional agreements that converts all existing community

22 or separate property on all after-acquired community or

23 separate property to community property immediately on the

24 death of one of the parties signatory thereto.

25 So even if you opened a probate, not one cent would be
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 21

1 transferable through the probate proceeding.

2 MS. MICKELSON: It’s my understanding, Your Honor,

3 that an intestate ruling provides separate property to go

4 to the heirs.

5 THE COURT: That is absolutely incorrect. That’s

6 absolutely incorrect. And I don’t know where you got that

7 idea from. Certainly, no licensed lawyer in this state

8 would make that comment. Certainly, I know of no statute

9 or -- nor any case law that would support that proposition.

10 So I don’t know how you come to that thought. You provided

11 no case law, no argument from learned treatise or lawyer.

12 So you have completely wasted not only my time, but

13 Counsel’s time. Near as I can tell from reading the

14 transcript, you wasted the Judge’s time in Pierce County.

15 You didn’t give notice to this Court that there was

16 previously a Petition for Adjudication of Intestacy filed

17 in another county. You didn’t give notice to this Court

18 that there was currently pending an appeal to set aside the

19 order of dismissal of that Pierce County matter. And you

20 proceeded here.

21 MS. MICKELSON: I did file a -- a related case notice.

22 THE COURT: Yeah.

23 MR. TAYLOR: After.

24 THE COURT: So -- so as I see it, you have filed these

25 actions, um, without any legal basis, without making a
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 22

1 reasonable investigation of the facts, as would be required

2 by a lawyer filing any kind of lawsuit at all. You have an

3 absolute duty of candor to the Court, as does every

4 practicing lawyer in this -- in this state. And you have

5 violated that obligation by not advising the Court.

6 And so, um -- um, and so I -- I find myself, um,

7 somewhat intrigued about how I should deal with this. And

8 so I’m -- I’m looking at your original Petition. It was

9 two pages. I want to make sure I don’t miss anything. I

10 see your declaration. It includes some forms. I’m looking

11 -- there’s a second filing of your Petition. And I’m

12 looking at the order granting the adjudication. And

13 nowhere there do I see any indicia that the order --

14 interest, that I signed, and in which you -- you, um, list

15 all of the heirs and what would be their intestate shares,

16 actually sort of correctly, as I see it.

17 In your -- in your Petition, um, you don’t request the

18 appointment of a Personal Representative, which of course,

19 is how the adjudication of heirship statute works.

20 So on -- in one aspect, your Petition facially would

21 be correct. Um, but for the fact that you’re not entitled

22 to file it in this county because you filed in Pierce

23 County. That’s number one. Number two, because there

24 exists a Community Property Agreement, there’s nothing for

25 the probate to act on.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 23

1 I can only assume that you have filed here to avoid

2 the difficulties that you are facing in Pierce County due

3 to your own lack of knowledge and skill and lack of legal

4 advice. Uh, though, the judge did give you some indicia.

5 And you are smart enough to get your case to the Court of

6 Appeals timely.

7 So I think I’m going to have to agree with Counsel

8 that the Court has no option, other than to grant the

9 Motion to Dismiss, because the case is still pending Pierce

10 County; to grant attorney’s fees because the case is

11 unwarranted in its filing here. And that would be in the

12 amount of $2,600 plus costs of $30.

13 And because, um, I don’t believe that your

14 inexperience is an excuse for what you have done, here, uh,

15 you have simply attempted to avoid what’s going on in

16 Pierce County. I think I understood you to say that if I

17 granted this Order, then in four months, you could dump

18 your case in the Court of Appeals and proceed here. This

19 is nothing more than an attempt to avoid an order in

20 another county, to make a collateral attack on another

21 Judge’s orders, to simply file one case after another with

22 the effect of harassing and running up attorney’s fees for

23 the other side. You haven’t done an adequate job of -- of

24 determining what is, in fact, the law.

25 And the mistake here is so egregious that I can’t
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 24

1 believe it was made unknowingly and that you didn’t intend

2 to simply harass and harangue the other side. And so for

3 that reason, I’m actually going to grant the requested

4 $5,000 in CR 11 sanctions.

5 And so with that, I’m dismissing the case, awarding

6 fees, awarding sanctions.

7 MS. MICKELSON: And I will file a revision to be

8 before a Judge. Thank you.

9 THE COURT: Uh huh. You’re welcome. I’ll invite

10 Counsel, if he wishes to prepare some additional findings,

11 or if he just wants to rely on the oral record.

12 MR. TAYLOR: Your Honor, I’m going to rely on the oral

13 record. It’s entirely acceptable.

14 MS. MICKELSON: I do want to say on the record, that I

15 was denied the ability to find a judge -- or find an

16 attorney -- representation in Pierce County. The Pierce

17 County Bar Association laughed at me when I said Luce &

18 Associates from inferring to corruption of the connections

19 within Pierce County. Any attorney in King County doesn’t

20 want to touch Pierce County.

21 It is a fact my mom died without a will. I’m not

22 asking for anything more. This isn’t harassment. It’s a

23 matter of fact. I’m an heir. I have the legal right to

24 come forward with the adjudication of intestacy and to

25 restore the (Inaudible) for May 16th, 2016.
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 25

1 THE COURT: When was the -- when did you receive,

2 Counsel, notice of the filing of the Petition for

3 Adjudication of Intestacy in Pierce County?

4 MR. TAYLOR: I can’t tell the Court exactly, but it

5 was approximately ten days after the filing in Pierce

6 County.

7 THE COURT: Excellent. There you go.

8 MS. MICKELSON: There --

9 THE COURT: Thank you.

10 MS. MICKELSON: -- sorry, their billing statement

11 showed --

12 THE COURT: I’m sorry, the hearing --

13 MS. MICKELSON: -- (Inaudible) April (Inaudible) --

14 THE COURT: -- is over. I’m not hearing any more

15 argument or discussion. It’s really not relevant. So

16 thank you for your appearance. And glad to hear from you

17 and good luck.

18 MS. MICKELSON: (Inaudible).

19 (END OF RECORDING)

20

21

22

23

24

25
CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062
Page 26

C E R T I F I C A T E

STATE OF WASHINGTON )
) ss.
County of PIERCE )

I, the undersigned, do hereby certify:

That the foregoing Audio Transcription of the above

was transcribed under my direction; that the transcript is

a full, true and complete transcript of the proceedings,

including all questions, objections, motions and

exceptions; except for those portions shown as Inaudible,

if any;

That I am not a relative, employee, attorney or

counsel of any party to this action or relative or employee

of any such attorney or counsel, and that I am not

financially interested in the said action or the outcome

thereof; That I am herewith delivering the same for filing

with the court.

IN WITNESS WHEREOF, this 18th Day of September, 2017.

/s/ Adrienne Kuehl
Adrienne Kuehl, Residing
At Tacoma, Washington.

CATHERINE M. VERNON & ASSOCIATES, LLC
3641 North Pearl Street, Building D, Tacoma, WA 98407 - (253) 627-2062