Sara Maynard, V. Estate Of Helen Beardslee Maynard

CourtCourt of Appeals of Washington
DecidedMay 1, 2023
Docket83714-1
StatusUnpublished

This text of Sara Maynard, V. Estate Of Helen Beardslee Maynard (Sara Maynard, V. Estate Of Helen Beardslee Maynard) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sara Maynard, V. Estate Of Helen Beardslee Maynard, (Wash. Ct. App. 2023).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

SARA MAYNARD, an individual, and SARA MAYNARD, in her capacity as No. 83714-1-I Administratrix of the Estate of Elizabeth Brooks, DIVISION ONE

Appellants, UNPUBLISHED OPINION

v.

ESTATE of HELEN BEARDSLEE MAYNARD (aka HELEN B. MAYNARD JR.) by and through ANDREW POLLOCK MCCONNELL III in his capacity as personal representative of the Estate of HELEN B. MAYNARD and ANDREW POLLOCK MCCONNELL III, as beneficiary of the Estate of Helen Beardslee Maynard, deceased, and DOES 1 through 10, Inclusive,

Respondents.

COBURN, J. — This case arises from a long-running dispute between pro se

appellant Sara Maynard and her family members relating to distribution of family

property. Sara 1 now appeals the trial court’s order finding that she is a vexatious litigant

1 We refer to members of the Maynard family, and entities bearing their names, by the parties’ first names for clarity.

Citations and pin cites are based on the Westlaw online version of the cited material. No. 83714-1-I/2

and granting the respondents an award of attorney fees and costs incurred in defending

against her claims. We affirm the trial court’s order and grant the respondents’ request

for attorney fees on appeal.

FACTS

Sara’s mother Helen B. Maynard Sr. (Helen Sr.) passed away in King County on

August 3, 2016. 2 John Maynard Jr., the personal representative of Helen Sr.’s estate,

filed a petition to probate the estate. 3 Maynard, slip op. at 3. After John Jr. rejected

Sara’s creditor’s claim, she filed a lawsuit against him, which the trial court dismissed on

summary judgment as time barred. Id.

Meanwhile, in the first action, Sara contested John Jr.’s proposed distribution of

property under Helen Sr.’s will and alleged that John Jr., his attorneys John Holmes and

James Jackson, and other family members conspired to deprive Sara of personal

property Helen Sr. had bequeathed to her (First Action). Id. In June 2019, the probate

court rejected Sara’s claims, closed the Helen Sr. estate, and ordered Sara to pay

attorney fees to the Estate of Helen Sr. In so ruling, the court found that Sara

“compelled the Personal Representative to litigate particular aspects of the probate

without any appropriate justification” and stated that Sara’s litigation had driven the

probate estate into a “nightmare.”

In August 2019, Sara filed a lawsuit alleging 19 causes of action against John Jr.,

his wife, and John Jr.’s attorney John Holmes. 4 Maynard, slip op. at 5. In October

2 Some background facts herein are derived from this court’s prior decision in Maynard v. Maynard, No. 82527-5-I, slip op. (Wash. Ct. App. Nov. 14, 2022) (unpublished), https://www.courts.wa.gov/opinions/pdf/825275.pdf. 3 See King County Superior Court No. 16-4-05205-1 SEA. 4 See King County Superior Court No. 19-2-22827-0 SEA. 2 No. 83714-1-I/3

2020, after Sara’s sister Helen Jr. passed away, Sara amended her complaint to add as

defendants John Jr.’s attorney James Jackson and the Estate of Helen Jr. Id. Sara

again alleged that family members, including Helen Jr., had conspired to deprive her of

personal property, monies, and documents that Helen Sr. had bequeathed to her and to

which she was legally entitled. The defendants moved to dismiss Sara’s claims under

CR 12(b)(6) based on res judicata, application of the statute of limitations, and failure to

state a claim. Id. The trial court granted the defendants’ CR 12(b)(6) motion to dismiss

and awarded attorney fees and costs to the Estate of Helen Jr., Holmes, and Jackson

as sanctions under CR 11 and RCW 4.84.185.

Sara appealed the dismissal of her claims against John Jr. and Holmes, as well

as the court’s award of attorney fees as sanctions. In an unpublished opinion, we

affirmed dismissal of all claims Sara raised or could have raised in the First Action

based on res judicata, but reversed dismissal of claims Sara had yet to prosecute

against John Jr. and Holmes relating to their management of her deceased father’s trust

that were not yet barred by the statute of limitations. See Maynard, slip op. at 14-15. 5

In so holding, we specified that our ruling was narrow and that we did not conclude

Sara’s claims were well-founded. Id. at 18. Because we reversed the CR 12(b)(6)

dismissal of Sara’s legal malpractice claims as to Holmes’ actions after August 2016,

we also reversed the award of attorney fees to Holmes under RCW 4.84.185. Id. at 17.

Although we did not reverse the court’s finding that many of Sara’s allegations were

frivolous, we remanded the CR 11 award to allow the trial court to determine whether

the amount remained reasonable in light of our decision. Id.

5 See GR 14.1(c) (“Washington appellate courts should not, unless necessary for a reasoned decision, cite or discuss unpublished opinions in their opinions.”). 3 No. 83714-1-I/4

In November 2020, Sara filed a creditor’s claim in the probate of the Estate of

Helen Jr., seeking personal property items and monies as well as a portion of Helen

Jr.’s cremation ashes. Helen Jr.’s husband Andrew McConnell, acting in his capacity as

the personal representative of Helen Jr.’s estate, rejected Sara creditor’s claim. On

December 7, 2020, Sara filed a complaint on rejected claim for damages against the

Estate of Helen Jr. and McConnell (collectively Respondents). Sara asserted that

Respondents’ failure to provide her with personal property and monies owed to her at

the time of Helen Jr.’s death constituted breach of oral contract and breach of contract.

On September 21, 2021, Respondents moved for summary judgment dismissal

of Maynard’s claims. They also sought entry of a vexatious litigant order and an award

of attorney fees and costs under CR 11, RCW 4.84.185, and/or RCW 11.96A.150. In

response, Maynard moved for voluntary dismissal without prejudice. The superior court

granted Maynard’s motion to dismiss without prejudice and expressly reserved

Respondents’ pending claims for a vexatious litigant order and an award of attorney’s

fees. The assigned judge unexpectedly passed away, so Respondents re-noted their

pending motion.

On January 14, 2022, after consideration of the parties’ briefing, the superior

court entered a vexatious litigant order against Sara and awarded reasonable attorney’s

fees and costs to the Respondents under CR 11, RCW 4.84.185, and RCW

11.96A.150. The order restrained Sara from “initiating litigation against the Estate of

Helen B. Maynard Jr., Andrew Pollack McConnell III (in an individual or representative

capacity, or against his family members), or their attorneys without prior written Court

approval.”

4 No. 83714-1-I/5

Sara appeals.

DISCUSSION

As a preliminary matter, we note that Sara alleged 15 separate assignments of

error on appeal, many of which are repetitive, convoluted, and supported by arguments

that are at best conclusory.

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