Filed Washington State Court of Appeals Division Two IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON November 8, 2022 DIVISION II In the Matter of the Estate of MARK No. 56205-7-II LESTER BESOLA,
Deceased.
AMELIA BESOLA,
Petitioner,
v.
ERIC PULA, individually and as personal UNPUBLISHED OPINION representative of the Estate of Mark Lester Besola; UC DAVIS VETERINARY CATASTROPHIC NEED FUND,
Respondents,
KELLY McGRAW, individually; JULIA BESOLA-ROBINSON, individually; KARE KITSAP ANIMAL RESCUE AND EDUCATION; BRANDON GUNWALL; JOHN DOES 1-20; and FIDELITY BROKERAGE SERVICES, LLC, an interested party,
Respondents below.
CRUSER, J.—Amelia Besola appeals the trial court order denying her motion to unseal
certain records in her will contest claim that she brought in her brother Mark Lester Besola’s estate
case and the order denying her motion for reconsideration.1 She argues that the trial court erred
when it (1) entered an August 13, 2021 order sealing certain records without making the required
1 None of the respondents filed a response in this matter. No. 56205-7-II
findings, (2) denied her motion to unseal these records despite being presented with a stipulation
that was signed by counsel for all parties, (3) denied her motion to unseal these records once the
trial court disclosed the protected facts in findings of fact and conclusions of law filed well after
the trial court denied the motion to unseal and motion for reconsideration, and (4) denied the
motion to unseal because unsealing these records was consistent with the constitutional principle
of open justice. Because Besola does not establish that the trial court erred, we affirm.
FACTS2
Before Mark’s3 death, Brandon Gunwall, Eric Pula, and Kelly McGraw had been living on
Mark’s property at Lake Tapps. Mark, who “had significant health problems,” died unexpectedly
on January 1, 2019. Clerk’s Papers (CP) at 187. For several months following Mark’s death Pula,
Gunwall, McGraw, and others continued to occupy Mark’s property.
Two days after Mark’s death, Besola was appointed as the personal representative of
Mark’s estate. In late April, Besola evicted Gunwall, Pula, McGraw, and others from Mark’s
property.
On May 8, 2019, Pula filed in the superior court a will that Mark had purportedly signed
in December 2018. This will was purportedly witnessed by two individuals, one of whom was
Robyn Peterson. “On September 16, 2019, Brandon Gunwall, as the beneficiary of [Mark’s] dogs,
petitioned for the December 2018 Will to be admitted to probate.” CP at 191. The will was
2 Some of these facts are drawn from the trial court’s unchallenged findings of fact, which are verities on appeal. In re Est. of Jones, 152 Wn.2d 1, 8, 93 P.3d 147 (2004). 3 Because Mark and Amelia Besola share the same last name, we refer to Mark by his first name to avoid confusion.
2 No. 56205-7-II
admitted to probate on September 26, 2019. Pula replaced Besola as the personal representative of
the estate.
Besola filed a petition opposing the probate of the December 2018 will on multiple
grounds, including fraud. Pula and counsel for the estate filed counterclaims against Besola.4
At some point during the discovery process in the will contest, it was discovered that the
December 2018 will had been produced using an online site, FormSwift.com. 5 The trial court
issued a subpoena for the FormSwift records potentially related to the purported December 2018
will.
According to the trial court’s later findings of fact, FormSwift produced records that
included a draft will for Mark and a draft living will for Mark created on April 19, 2019, on a
FormSwift account that was in Peterson’s name. The records also showed that these items were
paid with Peterson’s credit card.
On May 28 and July 16, 2021, the trial court entered protective orders covering the records
produced by FormSwift. According to Besola, the protective orders required that “‘[u]nless
otherwise agreed in writing by the parties and Robyn Peterson, or unless otherwise ordered by the
Court, access, copying, and/or dissemination of’” this information was limited. CP at 104
(alteration in original).
4 On December 4, 2020, the trial court removed Pula as personal representative after finding reason to believe that revocation was appropriate under RCW 11.28.250. The trial court appointed Michael B. Smith as the new personal representative. 5 FormSwift “is a legal forms website on which customers can purchase customized estate planning materials, including Last Wills and Testaments.” CP at 190.
3 No. 56205-7-II
On August 13, 2021, the trial court issued an order sealing the FormSwift records. The trial
court found “that sealing is justified by identified compelling privacy or safety concerns that
outweigh the public interest in access to the court record.” CP at 109. The order further stated that
the sealed records could not be opened unless allowed by court order.
Four days later, Stuart Morgan, Besola’s counsel in her capacity as the discharged
administrator of Mark’s estate, e-mailed trial court staff a proposed stipulation and order to unseal
the records sealed by the August 13, 2021 order. In his e-mail, he stated that “[a]ll representatives
of parties have signed except for [Daniel Walk, counsel for Gunwall,] who declines to sign but I
believe also does not object to entry of the proposed stipulation and order.” CP at 164. Morgan
asked that the court advise him if it “would prefer that [he] present this in some different format
or manner.” Id.
On August 20, 2021, at the trial court’s behest, Besola filed a motion to unseal the records
sealed by the August 13, 2021 order under GR 15(e)(3). Besola asserted that “[a]ll counsel of
record since August 13 have agreed to stipulate or agree that the FormSwift [records] be unsealed.”
CP at 111. Morgan’s supporting declaration stated that he had prepared the stipulation and agreed
order and submitted it to the court. But he noted that this stipulation was not signed by Walk,
counsel for Gunwall, “who believes his signature is not required.” CP at 116.
The trial court heard this motion on September 3, 2021. During this hearing, the court asked
Morgan why he needed access to the sealed records. Morgan responded that he needed to see the
records so he could prepare his defense to the counterclaims against Besola. Morgan suggested
that the records could be relevant to the issue of whether the December 2018 will was fraudulent
and that they would “bear directly on [his] defense of the counterclaims in the case.” Verbatim
4 No. 56205-7-II
Report of Proceedings at 6. But Morgan could not explain exactly how the records related to the
defense of the counterclaims beyond the fraud determination because he had never had access to
the records.
Tyler Shillito, the attorney representing Besola on the will contest, stated that he also
needed to have the records unsealed to pursue his case-in-chief and that these records were the
most crucial records in the case. Shillito also commented that it was impossible to file a substantive
motion about the contents of the records while they remained sealed.
Reminding the trial court that the original reason for the protective order was “to protect
Ms.
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Filed Washington State Court of Appeals Division Two IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON November 8, 2022 DIVISION II In the Matter of the Estate of MARK No. 56205-7-II LESTER BESOLA,
Deceased.
AMELIA BESOLA,
Petitioner,
v.
ERIC PULA, individually and as personal UNPUBLISHED OPINION representative of the Estate of Mark Lester Besola; UC DAVIS VETERINARY CATASTROPHIC NEED FUND,
Respondents,
KELLY McGRAW, individually; JULIA BESOLA-ROBINSON, individually; KARE KITSAP ANIMAL RESCUE AND EDUCATION; BRANDON GUNWALL; JOHN DOES 1-20; and FIDELITY BROKERAGE SERVICES, LLC, an interested party,
Respondents below.
CRUSER, J.—Amelia Besola appeals the trial court order denying her motion to unseal
certain records in her will contest claim that she brought in her brother Mark Lester Besola’s estate
case and the order denying her motion for reconsideration.1 She argues that the trial court erred
when it (1) entered an August 13, 2021 order sealing certain records without making the required
1 None of the respondents filed a response in this matter. No. 56205-7-II
findings, (2) denied her motion to unseal these records despite being presented with a stipulation
that was signed by counsel for all parties, (3) denied her motion to unseal these records once the
trial court disclosed the protected facts in findings of fact and conclusions of law filed well after
the trial court denied the motion to unseal and motion for reconsideration, and (4) denied the
motion to unseal because unsealing these records was consistent with the constitutional principle
of open justice. Because Besola does not establish that the trial court erred, we affirm.
FACTS2
Before Mark’s3 death, Brandon Gunwall, Eric Pula, and Kelly McGraw had been living on
Mark’s property at Lake Tapps. Mark, who “had significant health problems,” died unexpectedly
on January 1, 2019. Clerk’s Papers (CP) at 187. For several months following Mark’s death Pula,
Gunwall, McGraw, and others continued to occupy Mark’s property.
Two days after Mark’s death, Besola was appointed as the personal representative of
Mark’s estate. In late April, Besola evicted Gunwall, Pula, McGraw, and others from Mark’s
property.
On May 8, 2019, Pula filed in the superior court a will that Mark had purportedly signed
in December 2018. This will was purportedly witnessed by two individuals, one of whom was
Robyn Peterson. “On September 16, 2019, Brandon Gunwall, as the beneficiary of [Mark’s] dogs,
petitioned for the December 2018 Will to be admitted to probate.” CP at 191. The will was
2 Some of these facts are drawn from the trial court’s unchallenged findings of fact, which are verities on appeal. In re Est. of Jones, 152 Wn.2d 1, 8, 93 P.3d 147 (2004). 3 Because Mark and Amelia Besola share the same last name, we refer to Mark by his first name to avoid confusion.
2 No. 56205-7-II
admitted to probate on September 26, 2019. Pula replaced Besola as the personal representative of
the estate.
Besola filed a petition opposing the probate of the December 2018 will on multiple
grounds, including fraud. Pula and counsel for the estate filed counterclaims against Besola.4
At some point during the discovery process in the will contest, it was discovered that the
December 2018 will had been produced using an online site, FormSwift.com. 5 The trial court
issued a subpoena for the FormSwift records potentially related to the purported December 2018
will.
According to the trial court’s later findings of fact, FormSwift produced records that
included a draft will for Mark and a draft living will for Mark created on April 19, 2019, on a
FormSwift account that was in Peterson’s name. The records also showed that these items were
paid with Peterson’s credit card.
On May 28 and July 16, 2021, the trial court entered protective orders covering the records
produced by FormSwift. According to Besola, the protective orders required that “‘[u]nless
otherwise agreed in writing by the parties and Robyn Peterson, or unless otherwise ordered by the
Court, access, copying, and/or dissemination of’” this information was limited. CP at 104
(alteration in original).
4 On December 4, 2020, the trial court removed Pula as personal representative after finding reason to believe that revocation was appropriate under RCW 11.28.250. The trial court appointed Michael B. Smith as the new personal representative. 5 FormSwift “is a legal forms website on which customers can purchase customized estate planning materials, including Last Wills and Testaments.” CP at 190.
3 No. 56205-7-II
On August 13, 2021, the trial court issued an order sealing the FormSwift records. The trial
court found “that sealing is justified by identified compelling privacy or safety concerns that
outweigh the public interest in access to the court record.” CP at 109. The order further stated that
the sealed records could not be opened unless allowed by court order.
Four days later, Stuart Morgan, Besola’s counsel in her capacity as the discharged
administrator of Mark’s estate, e-mailed trial court staff a proposed stipulation and order to unseal
the records sealed by the August 13, 2021 order. In his e-mail, he stated that “[a]ll representatives
of parties have signed except for [Daniel Walk, counsel for Gunwall,] who declines to sign but I
believe also does not object to entry of the proposed stipulation and order.” CP at 164. Morgan
asked that the court advise him if it “would prefer that [he] present this in some different format
or manner.” Id.
On August 20, 2021, at the trial court’s behest, Besola filed a motion to unseal the records
sealed by the August 13, 2021 order under GR 15(e)(3). Besola asserted that “[a]ll counsel of
record since August 13 have agreed to stipulate or agree that the FormSwift [records] be unsealed.”
CP at 111. Morgan’s supporting declaration stated that he had prepared the stipulation and agreed
order and submitted it to the court. But he noted that this stipulation was not signed by Walk,
counsel for Gunwall, “who believes his signature is not required.” CP at 116.
The trial court heard this motion on September 3, 2021. During this hearing, the court asked
Morgan why he needed access to the sealed records. Morgan responded that he needed to see the
records so he could prepare his defense to the counterclaims against Besola. Morgan suggested
that the records could be relevant to the issue of whether the December 2018 will was fraudulent
and that they would “bear directly on [his] defense of the counterclaims in the case.” Verbatim
4 No. 56205-7-II
Report of Proceedings at 6. But Morgan could not explain exactly how the records related to the
defense of the counterclaims beyond the fraud determination because he had never had access to
the records.
Tyler Shillito, the attorney representing Besola on the will contest, stated that he also
needed to have the records unsealed to pursue his case-in-chief and that these records were the
most crucial records in the case. Shillito also commented that it was impossible to file a substantive
motion about the contents of the records while they remained sealed.
Reminding the trial court that the original reason for the protective order was “to protect
Ms. Peterson,” Shillito argued that there was no indication that the sealed records contained
information that was “secret or special” with regard to Peterson, such as any personal
identification. Id. at 7. The trial court acknowledged that if it unsealed the records there would no
longer be a protective order and that the purpose of the protective order was “to protect Ms.
Peterson.” Id. But the trial court stated that the records could contain evidence that Peterson had
committed a crime.
When Morgan again suggested that he should be able to see the records to defend against
the counterclaims, the trial court stated that counsel had no need to see the records because if
Besola’s other counsel succeeded in showing that the December 2018 will was fraudulent, Besola
would win her counterclaims. And if the will was not fraudulent, then Besola had “lost that issue”
and could not relitigate it. Id. at 12. The trial court also stated that “whatever that document is has
got nothing to do with whether or not [Besola] breached any fiduciary duties or otherwise damaged
the estate during the time when she acted as personal representative.” Id. at 13.
5 No. 56205-7-II
On September 3, 2021 the trial court denied Besola’s motion to unseal the records sealed
under the August 13, 2021 order. On September 20, 2021, the trial court denied Besola’s motion
for reconsideration of that order. And on September 21, 2021, Besola filed a motion for
discretionary review of the August 13, 2021 order and the denial of the motion for reconsideration
with this court.
Besola’s will contest claim was then adjudicated at a bench trial. On November 17, 2021,
the trial court issued written findings of fact and conclusions of law, concluding that the December
2018 will was fraudulent.
On December 7, 2021, a commissioner of this court granted Besola’s motion for
discretionary review.
ANALYSIS
I. AUGUST 13, 2021 SEALING ORDER
Besola first argues that the trial court erred when it failed “to identify any privacy or
security concerns that were addressed or protected by sealing the Formswift Will Documents prior
to entering the August 13, 2021 Order to Seal.” Appellant’s Opening Br. at 5, 12-13. But Besola
did not move for discretionary review of the August 13, 2021 order.
The Rules of Appellate Procedure require that the notice for discretionary review
“designate the decision or part of decision which the party wants reviewed.” RAP 5.3(a)(3), (b).
Because the August 13, 2021 order was not designated in the motion for discretionary review, we
decline to address this issue.
6 No. 56205-7-II
II. DENIAL OF STIPULATED MOTION TO UNSEAL
Besola next argues that the trial court erred when it denied her motion to unseal the
FormSwift records despite being presented with a stipulation agreeing to unseal the records that
was signed by counsel for all parties. Besola fails to show that the trial court abused its discretion
or applied an improper legal rule.6
A. LEGAL PRINCIPLES
In the August 20, 2021 motion, Besola sought to unseal the FormSwift records under GR
15(e)(3), which provides:
A sealed court record in a civil case shall be ordered unsealed only upon stipulation of all parties or upon motion and written notice to all parties and proof that identified compelling circumstances for continued sealing no longer exist, or pursuant to RCW 4.24, or CR 26(j).
(Emphasis added.)7
The legal standard for sealing or unsealing court records is a question of law which we review de novo. Dreiling v. Jain, 151 Wn.2d 900, 908, 93 P.3d 861 (2004). We review a trial court’s decision to seal or unseal records for abuse of discretion, but if that decision is based on an improper legal rule, we remand to the trial court to apply the correct rule. Id. at 907.
In determining whether court records may be sealed from public disclosure, we start with the presumption of openness. Id. Our state constitution mandates that “‘[j]ustice in all cases shall be administered openly, and without unnecessary delay.’” CONST. art. I, § 10. But while we presume court records will be made open and available for public inspection, court records may be sealed “‘to protect other significant and fundamental rights.’” Dreiling, 151 Wn.2d at 909.
6 On October 1, 2021, the trial court issued an order modifying the earlier protective orders, and on November 2, 2021, the trial court issued an order sealing what appears to be the same materials now at issue. Besola does not address the effects of these later orders. 7 We note that Besola’s August 20, 2021 motion relied entirely on the stipulation portion of GR 15(e)(3).
7 No. 56205-7-II
Rufer v. Abbott Labr’ys, 154 Wn.2d 530, 540, 114 P.3d 1182 (2005) (alteration in original).
B. ADEQUACY OF STIPULATION
Even assuming the trial court was required to grant the motion to unseal if all parties
stipulated to unsealing the record,8 Besola fails to establish on this record that all parties stipulated
to the unsealing of the FormSwift records.
The stipulation that Morgan submitted to the trial court was not signed by Gunwall or
Gunwall’s counsel. The only parts of the record that address whether Gunwall was a party in this
case at the time of the stipulation are (1) Morgan’s representation in his declaration supporting his
August 20, 2021 motion that Gunwall’s counsel did not believe Gunwall was required to sign the
stipulation, and (2) a copy of an e-mail from Morgan to court staff attached to the motion for
reconsideration in which Morgan stated that Gunwall’s counsel declined to sign the proposed
stipulation, but Morgan “believe[ed]” Gunwall’s counsel also did not object to the entry of the
stipulation and order. CP at 164. The statements by Morgan that Gunwall’s counsel may have
believed Gunwall was not a party at the time of the stipulation do not establish that Gunwall was
not a party when the motion to unseal the records was filed. And there is nothing in the record
before us from which we can discern whether Gunwall was a party at the relevant time.
Accordingly, because the record does not show that the stipulation was signed by all
parties, Besola does not establish that she met the GR 15(e)(3) requirements. And the trial court
8 We address this issue below.
8 No. 56205-7-II
did not abuse its discretion when it denied Besola’s motion to unseal and the motion for
reconsideration.9
C. GR 15(e)(3)
Furthermore, we disagree with Besola’s presumption that GR 15(e)(3) requires the trial
court to automatically grant the motion to unseal a record if all parties stipulate.
Resolution of this [issue] requires interpretation of a court rule, which is subject to de novo review. State v. Osman, 168 Wn.2d 632, 637, 229 P.3d 729 (2010). We interpret court rules using the rules of statutory construction. Wiley v. Rehak, 143 Wn.2d 339, 343, 20 P.3d 404 (2001). Rules are construed so as to effectuate the drafters’ intent, avoiding readings that result in absurd or strained consequences. See Whatcom County v. City of Bellingham, 128 Wn.2d 537, 546, 909 P.2d 1303 (1996).
State v. McEnroe, 174 Wn.2d 795, 800, 279 P.3d 861 (2012).
“If the rule’s meaning is plain on its face, we must give effect to that meaning as an
expression of the drafter’s intent.” Jafar v. Webb, 177 Wn.2d 520, 526, 303 P.3d 1042 (2013).
When a court rule is ambiguous, “we must discern the drafter’s intent by ‘reading the rule as a
whole, harmonizing its provisions, and using related rules to help identify’” the intended meaning.
Id. at 526-27 (quoting State v. Chhom, 162 Wn.2d 451, 458, 173 P.3d 234 (2007)).
GR 15(e) is entitled, “Grounds and Procedures for Requesting the Unsealing of Sealed
Records” (boldface omitted). And, as noted above, GR 15(e)(3) states:
A sealed court record in a civil case shall be ordered unsealed only upon stipulation of all parties or upon motion and written notice to all parties and proof that identified compelling circumstances for continued sealing no longer exist, or pursuant to RCW 4.24, or CR 26(j).
9 Although the trial court did not deny the motion on this ground, “we may affirm on any ground supported by the record.” Hoover v. Warner, 189 Wn. App. 509, 526, 358 P.3d 1174 (2015).
9 No. 56205-7-II
(Emphasis added.) The plain language of this rule does not support Besola’s assertion.
GR 15(e)’s caption does not state that it is intended to establish when the trial court must
unseal a sealed record—it states that it is establishing the grounds and procedures for requesting
unsealing. And the rule itself merely describes the limited circumstances that must exist before the
trial court can unseal a record. Thus, GR 15(e) states the mandatory prerequisites for unsealing; it
is not a directive to the trial court that it must grant the motion to unseal and it does not require the
trial court to blindly accept a stipulation.
Additionally, Besola cites no authority establishing that GR 15(e)(3) requires the trial court
to grant a motion to unseal based solely on a stipulation when the trial court sealed the record to
protect a nonparty, Peterson, who was not a party to the stipulation. And when a party does not
cite any authority to support an argument, we assume there is none. Kanam v. Kmet, 21 Wn. App.
2d 902, 911, 508 93 1071 (2022).
Accordingly, Besola does not show that the trial court applied an improper legal rule or
abused its discretion when it denied the motion to unseal the FormSwift records based solely on
the parties’ stipulation or when it denied the motion for reconsideration.
D. CONFIDENTIAL INFORMATION
We also disagree with Besola’s apparent contention that the trial court erred in denying the
motion to unseal because the records in question “contained no information related to Ms.
Peterson.” Appellant’s Opening Br. at 15. Although one of Besola’s attorneys who had access to
the records stated that the records did not contain any of Peterson’s personal information, the trial
court’s concern was that the records could expose Peterson to criminal prosecution. And Besola
does not present any argument demonstrating that this concern was insufficient to support the trial
10 No. 56205-7-II
court’s decision to deny Besola’s motion to unseal these records.10 Again, when a party does not
cite any authority to support an argument, we assume there is none. Kanam, 21 Wn. App. 2d at
911.
E. OTHER LITIGATION
We also reject Besola’s argument that the trial court should have granted the motion to
unseal because she needs these records for use in other litigation, including a federal proceeding.
Besola did not make this argument when she moved to unseal the records or when she moved for
reconsideration, and we will not fault a trial court for failing to address grounds that were not
presented.11 Accordingly, we will not consider this argument. RAP 2.5(a).
III. NOVEMBER 17, 2021 FINDINGS OF FACT AND CONCLUSIONS OF LAW
Besola also argues that the trial court erred when it denied her motion to unseal the
FormSwift records after entering the November 17, 2021 findings of fact and conclusions of law
because the findings of fact and conclusions of law “eviscerated the concerns expressed by the
trial court during the September 3, 2021 hearing as to why it would keep the Formswift Will
Documents sealed.” Appellant’s Opening Br. at 5, 15.
10 We again note that Besola’s August 20, 2021 motion relied entirely on the stipulation portion of GR 15(e)(3). But even if Besola had brought the motion under the other prongs of GR 15(e)(3), which would allow the court to unseal records “upon motion and written notice to all parties and proof that identified compelling circumstances for continued sealing no longer exist, or pursuant to RCW 4.24, or CR 26(j),” her argument is unavailing because, as discussed above, the trial court’s concern was the possibility that the records could expose Peterson to criminal prosecution, not just disclose her personal information. 11 The trial court docket suggests that the counterclaims against Besola were voluntarily dismissed. Besola does not address the dismissal of the counterclaims. But if the counterclaims were dismissed, the reason Morgan articulated for needing access to the sealed records are now likely moot.
11 No. 56205-7-II
But the November 17, 2021 findings of fact and conclusions of law did not exist when
Besola moved to unseal the FormSwift records on August 20, 2021. And there is nothing in the
record showing that Besola renewed her motion to unseal the FormSwift records after the trial
court entered the November 17, 2021 findings of fact and conclusions of law. We decline to hold
that the trial court erred when it denied the September 2021 motion to unseal or the related motion
for reconsideration based on facts that did not exist at the time of these decisions. Furthermore, we
decline to consider this argument further because it was never before the trial court and is not a
manifest error.12 RAP 2.5(a).
IV. CONSTITUTIONAL PRINCIPLES
Finally, Besola argues that the trial court erred when it denied the motion to unseal the
FormSwift records because unsealing these records was consistent “with the constitutional
principle that justice in Washington shall be open and free from unreasonable delay to promote
public confidence in the fairness and honest[y] of the judicial branch of government” in light of
the November 17, 2021 findings of fact and conclusions of law. Appellant’s Opening Br. at 6. But
Besola predicates this argument entirely on her assertion that there is no longer any justification
for sealing the records following the issuance of the November 17, 2021 findings of fact and
conclusions of law. As discussed above, we will not find error based on facts that did not exist
when the trial court issued the orders currently before us.
12 Nothing in this opinion prevents Besola from presenting this argument in a new motion to unseal these records.
12 No. 56205-7-II
CONCLUSION
Besola has not demonstrated that the trial court abused its discretion or applied an incorrect
legal rule when it denied her August 20, 2021 motion to unseal the FormSwift records or when it
denied her motion for reconsideration. Accordingly, we affirm.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Cruser, J. We concur:
Lee, J.
Glasgow, C.J.