Scott And Kimberly Peace v. Amas Canzoni

CourtCourt of Appeals of Washington
DecidedSeptember 9, 2025
Docket59883-3
StatusUnpublished

This text of Scott And Kimberly Peace v. Amas Canzoni (Scott And Kimberly Peace v. Amas Canzoni) 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
Scott And Kimberly Peace v. Amas Canzoni, (Wash. Ct. App. 2025).

Opinion

Filed Washington State Court of Appeals Division Two

September 9, 2025

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II SCOTT PEACE and KIMBERLY PEACE, No. 59883-3-II husband and wife,

Respondents,

v.

AMAS CANZONI, an individual, and any and UNPUBLISHED OPINION all occupants of the real property located at 17015 Vail Loop Rd SE, Rainer, WA, 98576,

Appellant.

MAXA, J. – Amas Canzoni appeals the trial court’s grant of summary judgment and writ

of ejectment in favor of Scott and Kimberly Peace (the Peaces). Canzoni owned property that

Bank of America purchased in a nonjudicial foreclosure sale. Bank of America then sold the

property to the Peaces. Canzoni refused to leave the property, and the Peaces filed a lawsuit for

a writ of ejectment to remove him from the property.

Canzoni primarily argues that (1) personal service on him was improper, (2) the trial

court lacked personal jurisdiction over him and subject matter jurisdiction, and (3) there are

genuine issues of fact that preclude summary judgment. He also raises multiple “sovereign

citizen” arguments.

We hold that (1) service of process was proper because Canzoni was personally served

with the summons and complaint, (2) the trial court had personal and subject matter jurisdiction, No. 59883-3-II

and (3) summary judgment was proper because the Peaces had superior title to the property.

Canzoni’s remaining arguments have no basis in law and are unintelligible.

Accordingly, we affirm the trial court’s grant of summary judgment and writ of ejectment

in favor of the Peaces.

FACTS

Canzoni owned property in Rainier. The property was secured by a mortgage with North

Star Trustee, LLC. North Star initiated a nonjudicial foreclosure when Canzoni failed to pay the

mortgage. Bank of America purchased the property at a foreclosure auction in May 2023 and

executed a trustee’s deed eliminating Canzoni’s interest in the property. The Peaces purchased

the property from Bank of America in March 2024.

When Canzoni refused to leave the property, the Peaces filed a complaint seeking a writ

of ejectment. Canzoni was personally served with the summons and complaint. Canzoni filed a

motion to dismiss the complaint for lack of personal and subject matter jurisdiction based on

sovereign citizen arguments. The trial court denied the motion.

The Peaces subsequently filed a motion for summary judgment. In support of summary

judgment, they submitted declarations attaching documents that outlined the foreclosure and sale

of the property as described above. Canzoni again made sovereign citizen arguments, arguing

that there was a genuine dispute of fact that the trial court had jurisdiction over him or the land.

He also disputed whether the underlying foreclosure sale was proper. Canzoni attached various

documents as exhibits asserting that he was not subject to the laws of Washington or the United

States.

The trial court granted the Peaces’ summary judgment motion. The court found that the

Peaces owned the property in fee simple, that Canzoni occupied the property with no legal

2 No. 59883-3-II

interest in it, and that the Peaces were entitled to possession. The court granted a writ of

ejectment to remove Canzoni from the property. The Thurston County Sheriff removed Canzoni

from the property in July 2024.

Canzoni appeals the trial court’s order granting the Peaces’ motion for summary

judgment and writ of ejectment.

ANALYSIS

A. LEGAL PRINCIPLES

RCW 7.28.010 permits a party with a “valid subsisting interest in real property, and a

right to possession thereof” to bring an action against a tenant in possession. A plaintiff must

establish superior title to the property. RCW 7.28.120. Ejectment is the remedy for a person

with superior title who is out of possession of their property. Bar K. Land Co. v. Webb, 72 Wn.

App. 380, 383, 864 P.2d 435 (1993).

B. SERVICE OF PROCESS

Canzoni argues that personal service on him was improper. We disagree.

Under RCW 4.28.080(16), a summons and complaint given to a defendant personally is

lawful service. The record shows that Canzoni was personally served with the summons and

complaint. And Canzoni acknowledges on appeal that he was handed the summons and

complaint. His remaining arguments about service of process are sovereign citizen arguments

alleging that he is legally incapable of receiving service of process. We reject those arguments.

We conclude that service of process was proper.

C. TRIAL COURT’S JURISDICTION

Canzoni argues that the trial court lacked both personal jurisdiction over him and subject

matter jurisdiction. We disagree.

3 No. 59883-3-II

A superior court obtains personal jurisdiction over a defendant when they are properly

served with the summons and complaint. Gates v. Homesite Ins. Co., 28 Wn. App. 2d 271, 279,

537 P.3d 1081 (2023). As noted above, Canzoni was properly served with the Peaces’ summons

and complaint. Therefore, the trial court had personal jurisdiction over him.

Article IV, Section 6 of the Washington Constitution grants the superior courts with

original jurisdiction over cases involving “title or possession of real property.” This case

concerns possession of real property. Therefore, the trial court had subject matter jurisdiction.

Canzoni’s jurisdictional arguments, as well as assignments of error 3 through 12 in his

brief, are typical arguments of people who subscribe to a “sovereign citizen” philosophy.

Sovereign citizens argue that they cannot be sued without consent and that courts generally lack

jurisdiction over them, among other circular and nonsensical theories. See Caesar Kalinowski

IV, A Legal Response to the Sovereign Citizen Movement, 80 MONT. L. REV. 153, 158, 160-63

(2019). Courts repeatedly have held that citizens are subject to the jurisdiction of the courts

despite their lack of consent. See, e.g., United States v. Gougher, 835 Fed. App’x 231, 233 (9th

Cir. 2020).

Canzoni states that calling him a “sovereign citizen” is incorrect because it

misunderstands the nature of his argument. Regardless of how he styles them, Canzoni’s

arguments lack merit or imply a sovereign citizen theory routinely rejected by the courts.

Accordingly, we reject Canzoni’s jurisdictional arguments.

D. SUMMARY JUDGMENT

Canzoni argues that there are disputed facts that preclude summary judgment. We

disagree.

4 No. 59883-3-II

We review a trial court’s decision on a summary judgment motion de novo. Mihaila v.

Troth, 21 Wn. App. 2d 227, 231, 505 P.3d 163 (2022). Summary judgment is appropriate if

there are no genuine issues of material fact and the moving party is entitled to judgment as a

matter of law. Id.; CR 56(c). But summary judgment can be determined as a matter of law if the

material facts are not in dispute.

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Related

Bar K Land Co. v. Webb
864 P.2d 435 (Court of Appeals of Washington, 1993)
Cook v. Brateng
262 P.3d 1228 (Court of Appeals of Washington, 2010)
Cook v. Brateng
262 P.3d 1228 (Court of Appeals of Washington, 2010)
Virgil J. Mihaila, V. Ronald E. Troth
505 P.3d 163 (Court of Appeals of Washington, 2022)

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