FILED

13 AUG 15 AM 9:00
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 13-3-08383-7 SEA
.

Superior Court of Washington

County of
In re the Marriage of:

No. 13-3-08383-7 SEA

TWILA MARKHAM

Motion for Order

of Dismissal under 12(b)(1)
Petitioners),
and
GERALD WAYNE MARKHAM
____________________________ Respondents).

ORAL
ARGUMENT REQUESTED

ORAL ARGUMENT REQUESTED per LCR 7(b)(4)(C) and Local Family Rule 6(g)(1)(B) "Permission
to Permit Live Testimony

Comes now Respondent by counsel and moves this court to dismiss the above action for lack of
jurisdiction over the subject matter pursuant to Washington Civil Rule 12(b)(1). This motion is
based on the following memorandum of law7and supporting affidavit of Twila Markham and
further evidence that may be developed between now7and the time of the hearing in this matter.

1. RELIEF REQUESTED

Based on the facts specified below, the Respondent requests this Court to dismiss the
Petitioner's Petition for Dissolution based on Washington Civil Rule 12(b)(1) for Lack of
Jurisdiction over the Subject Matter.
IL STATEMENT OF FACTS

As reflected in the attached April 15,2013 affidavit of Twila Markham just twenty four
days before her attorney filed the instant Petition on May 9, 2013, the Petitioner unequivocally
and voluntarily swore that her domicile, residence and permanent place of abode" was with her
husband at 211 Mill Bay Road Kodiak, (Alaska) 99615 and has been since they were married
(Note: See date on notary, the date of April 15,2012 above Petitioner's signature is a typo). Such
statements were made during a period of the parties' normal domestic tranquility before the
subsequent domestic incident here in Washington that arose between the parties on April 24,
2013 that prompted the Petitioner's counsel to file this petition for dissolution.
Respondent also asserts that he is also in the process of transcribing a portion of a tape
recording of Mrs. Markham's interview with the Seattle police officer that took her statement
regarding the domestic dispute between the parties on the evening of April 24, 2013 in which she
also dearly stated that the parties were both Alaskan. Residents.
Upon information and belief, the Respondent reasonably believes that discovery will
further show that Petitioner has, during the foregoing period, maintained an Alaska driver's
license, an Alaska firearms conceal and carry permit, and a Kodiak, Alaska voter registration,
and she has consistently voted in Kodiak in numerous Federal, State and local elections over the
years and never in Washington, despite being politically active. Furthermore, the Petitioner has
taken no steps to change any of these badges of domicile since the filing of this action.

Respondent also represents that he is aware of numerous other badges of residency that
corroborates the declarations in her affidavit.
Finally, a review of Mrs, Markhams petition

1.7 Jurisdiction reflects that she has not

alleged any other basis for jurisdiction. Specifically she has not alleged that she is a member of
the Armed Forces or that Respondent is a Washington resident. On the contrary S, 1 of her
aforesaid affidavit acknowledges that his domicile is at 211 Mill Bay Road, Kodiak, Alaska as
well. If this were an issue, the Respondent is willing to provide all of the forging badges of
Alaskan residency as well as other evidence that indicates that his domicile is not in Washington.

Ill WHETHER THIS COURT HAS JURISDICTION OVER THE SUBJECT MATTER
WHEN BOTH PARTIES DOMICILE IS IN KODIAK, ALASKA.

In re Marriage of Robinson 159 Wn. App. 162,167-68, 248 P.3d532(Wash. App. Div. 3
2010) clearly holds a dissolution action is a statutory proceeding. A court has no jurisdiction
except that which is conferred by the applicable statutes and that:
" Residence" in this context means " domicile. In re Marriage o f
Strohmaier. 34 Wash. App. 14, 16, 659 P.2d 534 (1983). "The indispensable
elements of domicile are residence in fact coupled with the intent to make a place
of residence one's home." Id. at 17, 659 P.2d 534. Simply stated, domicile has two
aspects: physical presence and intent to reside. Id.; Stevens v Stevens, 4
Wash.App. 79, 82,480 P.2d 238 (1971). The intent to make a home must be an
intent to make a home at the moment, not an intent to make a home in the future.
Strohmaier, 34 Wn.App. at 17, 659 P.2d 534 (quoting In re Estate ofLassin, 33
Wash.2d 163, 167, 204 P,2d 1071(1949))." Once acquired, domicile is presumed
to continue until changed." Id. The burden o f proving a change in domicile rests
upon the one who asserts it, and the change in domicile must be shown by
substantial evidence. Id. (Bold italics emphasized).

Mrs. Markhams affidavit of April 15,2013 declaring her domicile to be in

Alaska must be presumed to be truthful when she made it as well as her statement made to the
Seattle City police on April 24, 2013. Thus, it is her burden to prove, bv substantial evidence,
that in the intervening fifteen days before her petition was filed on May 9, 2013, she changed her
domicile to Washington. It is the Respondents information and belief that she has maintained all
of her badges of domicile in Alaska, the state of her domicile, as evidenced by her affidavit,
drivers license, gun permits, voters registration and much more.

Date: August 14.2013

Daisuke T^Eahashi

WSBA #46046

Superior Court of Washington

County of
In re the Marriage of

No, 13-3-08383-7 SEA

TW1LA MARKHAM

Order of Dismissal
Petitioner(s).

and
GERALD WAYNE MARKHAM
__________________ Respondents).
The court received GERALD WAYNE MARKHAMS motion for order of dismissal. Having reviewed
the motion and the court file, it is hereby ordered that this Petition for Dissolution action is di smissed.
Dated:

Judge/Court Commissioner
Approved as to form:
Notice of Presentation waived:

Presented by:

Daisuke Takahashi

WSBA #46046

Order of Dismissal (ORDSM) Page 1 o f 1

WPFDRPSGU 01.0560 (04/2012)
-

KARMA L. ZAIRE

WSBA #31037

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CERTIFICATE OF SERVICE

I hereby declare under the penalty of perjury under the laws of the State of
Washington that I have served a true and correct copy of the foregoing, except where
noted, upon the individual(s) listed by the following means:

Note for Motion Docket

Motion to Dismiss with supporting Affidavit of Twila Y. Markham, April 15, 2013

Order of Dismissal

1C

1i.
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Ms. Karma Zaike

Law Offices of Michael W. Bugni Sc Assoc.,

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Pile
11300 Roosevelt Way NE, Ste 300
Seattle, WA 9S125
Tel: 206-365-5500
Fax: 206-363-8067

i ^a
rj.

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[k^lLS. Postal Service (First Class)

f ] Facsimile to
[ ] U.S. Postal Service Express Mail
[ ] Hand Delivery
[ ] Via Legal Messenger for service by

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Counsel for Petitioner

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Dated: August 14, 2013

By: Daisuke Takahashi
18130 Midvale Ave N
Shoreline, WA 98133

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| Counsel for Respondent

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law Offices of Daisuke Takahashi

18130 Midvale Avenue N Suite A
Shoreline, WA 98133