Turner v. Vaughn
Decision Date | 07 July 2021 |
Docket Number | 54010-0-II |
Court | Washington Court of Appeals |
Parties | MARINA NICOLE TURNER Respondent, v. RANDOM ERIK VAUGHN Appellant. |
UNPUBLISHED OPINION
In this action regarding his Committed Intimate Relationship (CIR) Random Vaughn appeals the trial court's order ruling him in default, excluding his and his witnesses' testimony exhibits, supporting claims, and striking of his pleadings and the trial court's order dividing property following the termination of the CIR with Marina Turner. The division of assets included several businesses with ties to the marijuana industry. The trial court found that Vaughn failed to disclose cash income generated from his marijuana businesses and imputed income to Vaughn. Vaughn's 36 assignments of error fall into three categories: he argues that the trial court abused its discretion when it (1) granted sanctions that included default, excluding testimony exhibits, and claims, and striking Vaughn's pleadings and witnesses' testimony; (2) determined a lay witness was an expert based on experience; and (3) divided assets so that the division was not just or equitable. We find no error and affirm.
This appeal is the second to arise from the dispute between Marina Turner and Random Vaughn following the termination of their CIR in February 2016. Our opinion from the first appeal provides necessary factual background for the relationship between the parties in this appeal.
In his prior appeal before us, Vaughn appealed the trial court's ruling that he and Turner entered into a CIR, and we affirmed. In re Committed Intimate Relationship of Turner & Vaughn, No. 50190-2-II (Wash.Ct.App. Apr. 24, 2018) (unpublished) http://www.courts.wa.gov/opinions/pdf/D2%2050190-2-II%20Unpublished%20Opinion.pdf, review denied, 191 Wn.2d 1015 (2018) (hereinafter, Turner I). Our opinion in Turner I summarizes the relevant facts surrounding Turner and Vaughn's relationship.
Turner I at 2-4 (alterations in original).
Turner petitioned for a termination of the couple's CIR in February 2016. Turner I at 5. She filed for a division of the couple's property and liabilities. Turner I at 5. She then filed a separate petition for a parenting plan and child support. Turner I at 5. The trial court bifurcated the issues of whether a CIR existed, the parenting plan, and child support, from division of property. Turner I at 5. The trial court held a trial on whether a CIR existed. Turner I at 5. The trial court ruled that the parties had a CIR from October 2011 through December 2015. Turner I at 5. We summarized:
Vaughn appealed and we affirmed on all issues. Turner I at 6, 15. The issue of division of property remained with the trial court and proceeded to trial in May 2019.
When the parties met in 2011, Vaughn was running a video production company in Everett and Turner worked as a hair stylist in the Seattle area. Turner introduced Vaughn to a friend who worked in the marijuana industry. After this, Vaughn became interested in the marijuana industry and began growing marijuana. In 2012, Turner and Vaughn obtained medical marijuana cards together to enable Vaughn to increase the limit on the number of plants Vaughn could legally grow.
Early in the relationship, Vaughn was involved in medical marijuana collectives. Through his connections, Vaughn became involved in a medical marijuana collective called Pacific Green Collective.[1] Although multiple people were involved in Pacific Green, Vaughn claimed sole ownership.
In 2014, Vaughn also purchased a medical marijuana dispensary from Christine Morris for $17, 000. When Morris operated the dispensary, at least 60% of her business was transacted in cash.[2]
Pacific Green also accepted debit and credit card payments as well as cash. Pacific Green processed the debit and credit card payments though a third-party merchant services company called Square. Because of the federally-illegal nature of marijuana sales, banks would not provide accounts to marijuana businesses; as a result, Vaughn used his personal bank account to conduct business transactions. Square also repeatedly stopped providing services to Vaughn when it discovered marijuana transactions were taking place through its system. To work around this, Vaughn set up a Square account using Turner's social security number. The funds generated by Vaughn's marijuana sales through Square went to the couple's joint account. By November 2015,...
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