IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON No. 69260-7-1 DIVISION ONE Inthe Matter ofthe Marriage of HANNA GOMAA, Respondent,
and ABDELKRIM (A.K.) ZEBDI, Appellant. UNPUBLISHED OPINION

FILED: February 3, 2014 rn rn*-* » o2 CO re12"

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### Schindler, J. —Abdelkrim(A.K.) Zebdi appeals the decree of dissolution, the 

### findings offact andconclusions oflaw, thefinal parenting plan, and thefinal orderof child support. Zebdi asserts the court erred in (1) awarding $16,000 to hisformer 

### spouse Hanaa Gomaaforthe sale of a car, (2) failing to take into consideration cultural factors andfinding he committed acts of domesticviolence, and (3) ordering him to pay 

### $30,000in attorneyfees underRCW 26.09.140 and CR 11. Weaffirm thetrial courtin all respects. FACTS 

### Abdelkrim (A.K.) Zebdi was born and raisedin Djelfa, Algeria. Zebdi obtained a 

### degreein biology andattended graduate school in Algiers. In 1989, Zebdi moved to Alaska to attend the University of Alaska Fairbanks and obtain a master's degree inNo. 69260-7-1/2 

### fisheries. In 1992, Zebdi moved to Michigan to work on a research project at Michigan State University. Hanaa Gomaa was born and raised in Cairo, Egypt, and graduated from American University. In 1988, Gomaa moved to the United States to attend Michigan State University and obtain a graduate degree in school psychology. Zebdi and Gomaa began dating in 1993 and on November 22, 1994, got married in Michigan. In 1996, their son M.L.Z. was born. Two years later, another son A.R.Z.

was born. After the birth ofA.R.Z., Zebdi obtained a master's degree in statistics and started working as a computer programmer. In 1998, Gomaa received a doctorate in school psychology. In2000, Zebdi got a job with a Seattle software company, Insightful Corporation, and the family relocated to Washington. Gomaa stayed home to take care ofthe 

### children and assumed responsibility forhomeschooling. In2007, their daughter M.G.Z.

was born. That same year, Zebdi started his own computer consulting business, Ghalia 

### Technology LLC, and continued to work at AIIRecipes.com. From 2007 to 2008, Zebdi worked at "WTS," and in 2008, he went to work for the Pacific States Marine Fisheries Commission as a computer programmer. 

### InFebruary 2011, Gomaa and the three children visited her family in Egypt. 

### While inEgypt, Zebdi toldGomaa to send him divorce papers. Zebdi also asked Gomaa to send passport photos ofthe children but would not tell her why. In July, 

### Gomaa left Egypt and returned to Michigan with the children. Gomaa did not tell Zebdi 

### she was leaving Egypt orreturning to Michigan because she was afraid he would take the children away.No. 69260-7-1/3 On August 19, Gomaa filed a petition for dissolution ofthe marriage in King 

### County Superior Court. Zebdi filed a motion for an order requiring Gomaa to return the children to Washington and for a temporary restraining orderpreventing both parties from selling or disposing of property. Gomaa filed a motion for an orderprohibiting Zebdi from moving the children from Michigan to Washington. Insupport, Gomaa 

### stated that Zebdi physically abused her and the two boys, M.L.Z. and A.R.Z., and attached a photograph showing bruising on A.R.Z.'s face. Zebdi filed a declaration denying abuse. 

### The court granted Zebdi's motion for a temporary restraining order and on 

### September 14, entered an order prohibiting the parties from "transferring, removing, 

### encumbering, concealing orin any way disposing of any property." The court denied Zebdi's motion to orderthe return ofthe children to Washington. The court appointed a 

### guardian ad litem(GAL) to investigate and report to the court on: 

### A) [Cjultural issues impacting parenting; B) whetherthe children would be at risk inthe father's residence; and C) make a recommendation 

### to the Court forthe children's temporary Residential Placement pending trial. 

### Gomaa filed a motion fortemporary maintenance of $1,000 a month, child 

### support, and entry of a temporaryrestraining order to prevent both partiesfrom also "selling, harming, transferring, removing, encumbering, concealing orin any way 

### disposing of anyproperty," including withdrawing anymoney from bankaccounts. The court denied the request for maintenance but ordered Zebdi to paychild support. The 

### courtgrantedGomaa's motion and entered atemporary restraining order onOctober6 thatprohibited the parties notonlyfrom selling, transferring, orconcealing property, butNo. 69260-7-1/4 also prohibited the parties from withdrawing "any monies from checking accounts[,]... savings accounts or money market accounts." On March 22, 2012, the GAL filed a 35-page report with the court. The GAL 

### interviewed Gomaa, M.L.Z., A.R.Z., Zebdi, andpeople who knewthefamily.1 According to the report, Zebdi told the GAL that the marriage had its" 'ups and downs.'" Zebdi told the GAL that when M.L.Z. was born he " 'felt nailed'" because he could no longer be a " 'free spirit.'" Zebdi said that when A.R.Z. was born," 'the second foot was nailed.'" Exceptfor throwing a slipper" 'in her direction'" on two occasions, Zebdi told the GAL he did not abuse Gomaa. Zebdi also denied abusing M.L.Z. or 

### A.R.Z., stating that he only used " 'mild, non-harming, corporal reminders and only if absolutely necessary.'" Zebdi explained to the GAL thatthe physical" 'reminders'"
were part ofthe " 'seven years oftraining'" phase inthe traditional child-rearing schedule he followed. 

### Fifteen-year-old M.L.Z. told the GAL that his father had " 'mood swings'" and that he was not sure Zebdi could control his emotions. M.L.Z. said that his father was 

### physical with him " 'a lot oftimes.'" Zebdi would slap "really hard" and that his slaps

were "the injuring kind. They were not meantto have lasting damage but temporary 

### pain." Once Zebdi slapped M.L.Z. several times in a rowwhen he was "on the ground" and then "kicked me inthe torso a couple of times. He kicked me to hurt me" and

" 'made me feel worthless.'"

11n thereport, theGAL explained that she did notinterviewZebdi'sfriends who wrote declarations on his behalfbecause these individuals did not observe Zebdi's interactions with the family in private.No. 69260-7-1/5 Thirteen-year-old A.R.Z. told the GALthat Zebdi" 'slapped me and my brother plenty oftimes, inthe face.'" A.R.Z. recalled that once, Zebdi" 'hit me inthe head with

a three inch math book.'" A.R.Z. said that Zebdi had a long cane with a rubbertip and 

### would " 'sit[ ] aboutthe length ofthe cane away and hit[ ] my brother on the head with it.'" Both M.L.Z. and A.R.Z. said they observed Zebdi yell at Gomaa but only A.R.Z. reported witnessing physical abuse. A.R.Z. said he saw Zebdi hitGomaa when she

was carrying M.G.Z. and that Gomaa had fallen to the ground. The GALconcluded that "domestic violence did occur inthe Zebdi home" against Gomaa, M.L.Z., and A.R.Z. The GAL recommended that the children stay in Michigan with Gomaa and that Zebdi enter a domestic violence treatment program. 

### The trialbegan on July 23, 2012. Although the parties had few assets, Gomaa 

### and Zebdi disagreed aboutthe nature and extent of their assets, and Zebdi denied committing acts ofdomestic violence. Gomaa, Zebdi, the GAL, and several other witnesses testified during the four-day trial. 

### Gomaa testified that during the marriage, she did not have a separate bank 

### account and did not have access to Zebdi's personal bank account. Gomaa said that 

### she owned an apartmentin Egyptthat generated approximately $200 a month in rental income, and she sporadically received some incomefrom land herfamily owned. Gomaa testified that she was currently workingas a kindergarten teacher inMichigan. Gomaa testified that Zebdi's anger and abuse escalated during the marriage. 

### Gomaa said Zebdiwould throw objects at her, push her, and slap her. Gomaa said that 

### one time when she was talking to herfamily on the phone, Zebdipulled her out ofthe


### room by herhair, and then shoved and kicked her. Gomaa said on anotheroccasion,No. 69260-7-1/6 Zebdi was upset because M.G.Z. was crying and yelled at Gomaa, slapped her, and then grabbed her by the hair and shoved her onto the mattress while she was holding M.G.Z.Gomaa's brother OmarAlimtestified that while talking to Gomaa on the phone, he heard Zebdi shouting and heard his sister scream, "[Djon't do this, don't do this." The court admitted the GAL report and Gomaa's contemporaneous diary entries into evidence. The diary entries describe the abuse that took place overthe course of several years. The court also admitted an assessment by a social worker in 2007 documenting the abuse, and e-mails between Gomaa and a domestic violence advocate at the Mountlake Terrace Police Department in 2010. Zebdi testified. Zebdi admitted selling the Honda Odyssey on September21, 2011 for $16,000. Zebdi also admitted that in December 2010, he had over $40,000 in


### a personal bank account. But Zebdi said that half of the money was borrowed from friends and he used $10,000 for Gomaa and the children to go to Egypt. Zebdi told the 

### court that prior to the start oftrial, he was fired from his jobwith the PacificState Marine Fisheries Commission. Zebdi said he did not know if he was eligible for unemployment or, if eligible, what amount he would receive. Zebdi testified that he never abused Gomaa. Zebdi admitted throwing "a slipper 

### at her once," and conceded that he may have pulled Gomaa's hair inadvertently when it 

### became "caught up, below mypillow" in the bed. Zebdi also admitted that he once put his hand on Gomaa's chin and pushed her face to the side and that she "fell on the bed," but denied shoving herwhile she was holding M.G.Z.No. 69260-7-1/7 Zebdi also denied committing acts ofdomestic violence against M.L.Z. or A.R.Z. Zebdi testified that he physically disciplined his sons as part of his "[tradition" to teach his children good behavior. Zebdi described the three phases of raising children: seven years of "play," seven years of "training," and seven years of "friendship." During the "training years," Zebdi said he would "physically correct" M.L.Z. and A.R.Z. to "impress their mind" when they did something wrong or when they failed to follow his instructions. The "physical correction[s]" included "bang[ing]" his sons on the head with the rubberball-tipped end of a cane; a slap on "[t]he back, the shoulder, sometimes the back ofthe head"; or a kick "with the flat of [his] foot." Zebdi denied ever hitting his sons hard enough to leave a mark but admitted the boys would sometimes cry when he hitthem. Zebdi testified that because both of his sons were now out of "the training phase," he would no longer physically correctthem. Zebdi said he never hit M.G.Z. because "there's no physical punishmentfor girls." A number ofwitnesses testified that Zebdi was an excellent father and thatthey

never saw him lose his temper. Uzma Haroon testified that she and her husband knew 

### Zebdi and Gomaa through the mosque, that she was friends withGomaa, and that Gomaa "never criticized" Zebdi and would "praise" him for being a good father. The 

### otherwitnesses admitted they did not observe the family at home and had little ifany interaction with Gomaa. The court awarded Gomaa $16,000 for the sale ofthe Honda Odyssey. The courtfound that "there was domestic violence involving [Gomaa] and two older children 

### in the home by [Zebdi]." The courtentered the decree ofdissolution, the final order of child support, extensive findings of fact and conclusions of law, and a final parentingNo. 69260-7-1/8 plan. The parenting plan limitsZebdi's residential time withthe children and eliminates 

### mutual decision making. The parenting plan allows the children to reside in Michigan and requires Zebdi to complete at least six months of domestic violence treatment before he may resume visitation with M.L.Z., A.R.Z., and M.G.Z. The court awarded Gomaa $15,000 in attorney fees based on financial need under RCW 26.09.140 and 

### $15,000 inattorney fees based on Zebdi's intransigence under CR 11. ANALYSIS Zebdi argues the trial court erred in (1) awarding $16,000 to Gomaa for the sale ofthe Honda Odyssey in violation ofthe October 6, 2011 temporary restraining order; (2) failing to consider cultural factors and finding Zebdi committed acts ofdomestic violence against Gomaa, M.L.Z., and A.R.Z.; and (3) ordering Zebdi to pay $30,000 in attorney fees. We review the court's findings offact for substantial evidence. In re Marriage of Skarbek. 100 Wn. App. 444, 447, 997 P.2d 447 (2000). "Substantial evidence exists if the record contains evidence of sufficient quantity to persuade a fair-minded, rational person ofthe truth ofthe declared premise." Bering v. Share. 106 Wn.2d 212, 220, 721 P.2d 918 (1986). Where the trial court has weighed the evidence, the reviewing court's role is simply to determine whether substantial evidence supports the findings of fact and, if so, whetherthe findings in turn supportthe trial court's conclusions of law. In re Marriage of Greene. 97 Wn. App. 708, 714, 986 P.2d 144 (1999). We defer to the trier offact on issues of conflicting testimony and the credibility of witnesses. In re Marriage of Burrill. 113 Wn. App. 863, 868, 56 P.3d 993 (2002). A

8No. 69260-7-1/9
court should "not substitute [its]judgmentfor the trial court's, weigh the evidence, or adjudge witness credibility." Greene. 97 Wn. App. at 714. 1. Award of $16,000 for Sale of Honda Odyssey Zebdi contends the court abused its discretion by awarding $16,000 to Gomaa for the sale ofthe Honda Odyssey. A court has "broad discretion" to make a just and equitable property distribution. Inre Marriage of Rockwell, 141 Wn. App. 235, 242-43, 170 P.3d 572 (2007). This court will reverse only upon a showing of a manifest abuse of discretion. In re Marriage of Buchanan. 150 Wn. App. 730, 735, 207 P.3d 478 (2009). The court awarded Gomaa $16,000 from the sale ofthe Honda Odyssey to 

### provide her with "additional necessary resources." The court also found that sale of the

carviolated the temporary restraining order. The findings of fact state, inpertinent part: The Courtfinds that the mostfair and equitable ruling on the Wife's 

### requestformaintenance is to confirm that the Wifehas a need for maintenance which will likely last forthe next two years, and thatthe Husband's present inability to pay maintenance is temporary. The court, therefore, has made a disproportionate allocation ofthe proceeds ofthe 

### sale of the Honda Odyssey ($16,000 toWife) in order to provide additional necessary resources that but for the Father's recent loss of employment would otherwise have been imposed as two years of monthly maintenance.

. . . The Husband also sold the Wife's car on September 21, 2011 for 

### $16,000, contrary to Temporary Order dated [sic] restraining the sale or disposition ofassets. The decree of dissolution states, in pertinent part: 

### Judgment against Husband for his sale of the 2006 Honda Odyssey for $16,000 on or about September 21, 2011, in violation of the Court's Temporary Orderdated October 6, 2011.

9No. 69260-7-1/10 

### Zebdi does notchallenge the court's decision to award Gomaa the $16,000 as a just and equitable distribution of property. Zebdi argues the court erred inentering 

### judgment against him for $16,000 on the grounds thatthe sale of the Honda Odyssey violated the October 6, 2011 temporary restraining order. While the citation to the October 6 temporary restraining orderwas erroneous, 

### there is no dispute thatthe sale of the Honda Odyssey violated the terms of the 

### September 14 temporary restraining order. The courtentered a temporary restraining order on September 14, 2011 that prohibited the parties from "transferring, removing, 

### encumbering, concealing orin any way disposing of any property." On October 6, the court entered anothertemporary restraining orderprohibiting the parties from "selling, 

### harming, transferring, removing, encumbering, concealing orin any waydisposing of anyproperty." There is no dispute thatZebdi then sold the Honda Odyssey on 

### September21, 2011 for $16,000. Thereference to theOctober6temporary restraining order is harmless. Skagit Countv Pub. Hosp. Dist. No. 1 v. Dep't of Revenue, 158 Wn. 

### App. 426, 449, 242 P.3d 909 (2010). 2. Domestic Violence 

### Zebdi contends the court erred infinding that he committed acts ofdomestic 

## violence againstGomaa and thetwo boys.2 Zebdi assigns errorto thefollowing findings and conclusions: The Court finds that the Wife has been the victim of domestic violence 

### from the Husband throughout this marriage, including physical violence, verbal and emotional abuse. (Ex. [(Exhibit)] 9, Ex. 17).



### 2RCW26.50.010(1)(a) defines "domesticviolence" as "[physical harm, bodily injury, assault, or theinfliction offearofimminentphysical harm, bodily injury orassault, between family orhousehold 

### members." Aparent's disciplining ofachild through physical means can riseto the level ofdomestic violence. See, exu, Mansourv. Mansour. 126Wn. App. 1, 9, 106 P.3d 768 (2004). 10No. 69260-7-1/11 This Courtfinds that there was domestic violence involving the Wife and two older children inthe home by the Respondent. Respondent's witnesses did not have an opportunity to observe how Respondent treated his family alone intheir home. Respondent's repeated denial that any physical contact occurred, reflected in his pleadings and in his interviews with the Guardian ad Litem, and his later explanation of some ofthe contacts during his testimony, give credence to the statements by the Wife and two older children, that have not changed throughout this litigation. Substantial evidence supports the court's finding that Zebdi committed acts of 

### domestic violence against Gomaa, M.L.Z., and A.R.Z. Gomaa testified that Zebdi physically and emotionally abused her. Gomaa's contemporaneous diary entries, Exhibit 9, also document the abuse, and her declaration in response to Zebdi's motion to return the children to Washington, Exhibit 17, corroborated hertestimony. In addition, the social work assessmentfrom 2007 and e-mails between Gomaa and a domestic violence advocate corroborated the abuse. The testimony also established that Gomaa disclosed the abuse to friends and family. Zebdi claims the evidence does not supportfinding that he committed acts of 

### domestic violence against M.L.Z. and A.R.Z. because the court did not "sufficiently considerthe perceived offending acts inlight of Islamic culture when making its determination." The record does not supportZebdi's argument. 

### Culturalfactors are properforthe court to consider in making parenting plan decisions. See Inre Marriage ofMahalingam, 21 Wn. App. 228, 232, 584 P.2d 971 

### (1978). Nonetheless, while "some cultures tolerate domestic violence to a greater 

### degree than others," a family living in this state is "subject to thejurisdiction of Washington courts and the laws of Washington underwhich domestic violence is not tolerated." Inre Dependency ofA.A., 105 Wn. App. 604, 610, 20 P.3d 492 (2001).

11No. 69260-7-1/12 The record also does not supportthe argumentthatthe court did not take into consideration cultural factors. The court specifically instructed the GAL to investigate "cultural issues impacting parenting" and the GALreport reflects consideration of cultural factors. The report states, in pertinent part: Infamilies who come from other cultures, it is importantto understand how 

### their actions can be viewed againstthat culture and what is unique to their 

### family culture. In assessing whetherthere was domestic violence in this family, itwas important to understand their point of view and what they had agreed on. 

### During trial, the court repeatedly sought clarification from Zebdi and Gomaa abouttheir culture and the use of physical discipline. The court also questioned several witnesses aboutthe three phases for raising children that Zebdi described, and whether 

### physical discipline was a part ofIslamic cultural orreligious tradition. Each ofthe witnesses testified that physical discipline of children was not a part of the Islamic 

### religion. Forexample, the court asked one witness whetherthere is"any connection to Islam with regard to those three phases?" The witnesstold the courtthere was not and indicated physical punishmentwas not a "normal wayofreprimanding" children during the "training phase." Anotherwitness also testified that physical discipline was not a 

## partofthetraining phase, tellingthecourt, "Islamically, no, it's notsupposedto be."3 Further, the court's oral ruling expressly addressed cultural factors: 

### [Undoubtedly, cultural issues play a role here, but even acknowledging 

### thatreality, there are severalthings Icanconcludefrom theevidence. Mr. Zebdi has undeniably touched hiswife and his sons in ways that were offensive to them. Although Mr. Zebdi wishes to have his actions viewed 

### as having been done with good intentions, the truth is that his actions were not solely driven by pure motives. 3Two other friends of Zebditestified thatphysical discipline was not a part of eitherIslam or 

### North African parenting. SoufianeZeghmi, whose parentswere from Algeria, testified thatNorth African 

### parenting style isa"little more strict" comparedtotheAmerican style, butthathe"admired" Zebdi's parenting styleprecisely because he did not see anyphysical abuse. 12No. 69260-7-1/13

So, for all of these reasons, Ifind that Mr. Zebdi has engaged in domestic violence with both the boys and Ms. Gomaa. Ifind that his protestations to the contrary are not credible under the circumstances. Because substantial evidence supports finding Zebdi committed acts ofdomestic violence, the court did not err by imposing the parenting plan restrictions. Where the courtfinds that a parent has engaged in domestic violence, the statute 

### requires limitations on residential time and prohibits mutual decision making as part of 

### the parenting plan. RCW26.09.191 (1)(c) and (2)(a)(iii). "[A]ny limitations or restrictions imposed must be reasonably calculated to address the identified harm." In re Marriage of Katare, 125 Wn. App. 813, 826, 105 P.3d 44 (2004). Here, the restrictions were 

### reasonably calculated to address the identified harm ofdomestic violence. 3. Attorney Fee Award 

### Zebdi contends the court erred in ordering him to pay $15,000 inattorney fees under RCW 26.09.140. Zebdi contends that because he did not have the ability to pay 

### at the time of trial,the court erred inawarding Gomaa $15,000 under RCW26.09.140. Under RCW 26.09.140, the court must balance the requesting party's needs againstthe 

### other party'sability to pay. In reMarriage ofRideout, 150Wn.2d 337, 357-58, 77 P.3d 1174(2003). 

### An appellate courtreviews atrial court's award of attorneyfees for abuse of discretion. Kruger v. Kruger, 37 Wn. App. 329, 333, 679 P.2d 961 (1984). The party 

### challenging the award has the burden toprove thetrial court abused itsdiscretion by making a decision that isclearly untenable ormanifestly unreasonable. In reMarriage of Mattson, 95 Wn. App. 592, 604, 976 P.2d 157 (1999). The record shows the court balanced need against ability to pay.

13No. 69260-7-1/14 Gomaa had not worked outside the home during the marriage. Atthe time of trial, Gomaa had been employed as a teacher in Michigan with an annual salary of $23,750. While Gomaa had a doctorate degree, the courtfound that her present financial situation was "unlikely to improve inthe next two years due to her child-rearing responsibilities, lack of work history and licensing credentials." Based on herfinancial declarations, the court found that Gomaa and the three children had "extremely modest present living expenses of$2,719 per month" with an anticipated monthly gross income 

### of only "$1,979.16, plus net rental income of$183.33." The court also found that Gomaa had incurred attorney fees inthe amount of$58,165.94 and out-of-pocket costs in the amount of $5,365.06. Interms ofZebdi's ability to pay, the courtfound, in pertinent part: 

### At the presenttime, based upon [Zebdi's] testimony and his recent bank statements, itcannot be shown by reliable objective evidence that he has 

### any significantassets from which attorney fees could be paid to [Gomaa] at the end of trial. However, he did appearto have more assets available to him at the time the case was commenced, and an attorney fee award 

### based upon each party's financial resources at the time ofthe commencement ofthe case is appropriate in this situation. 

### Because Zebdi had a "lengthy" 20-yearwork history and owned his own 

### company, the courtfound his "present unemployment is a temporarycondition thatwill mostlikely be rectified in the foreseeable future." The court also found thatZebdi had 

### significant assets in his personal bank account at the time the case was filed and owned "his own IT business, Ghalia Enterprises, LLC[,]... from which he has received some 

### income." The court imputed income to Zebdibased on the State tables and the child support worksheet Zebdi submitted to the court.

14No. 69260-7-1/15 The case Zebdi relies on, Inre Marriage ofSteadman, 63 Wn. App. 523, 821 P.2d 59 (1991), does not support his argument that the court abused its discretion in awarding fees under RCW 26.09.140. InSteadman, the court awarded attorney fees without making any findings as to the ability to pay. Steadman, 63 Wn. App. at 529. On appeal, we reversed and held that "[t]he trial court erred in not evaluating [the spouse]'s ability to pay, particularly in view ofthe substantial tax liabilities imposed on himand the minimal assets awarded to him." Steadman, 63 Wn. App. at 530. Because substantial evidence supports the trial court's finding thatZebdi had the 

### ability to pay, the court did not abuse its discretion in awarding Gomaa $15,000 in attorney fees under RCW 26.09.140. 

### Zebdi also contends the trialcourt erred inawarding $15,000 inattorney fees under CR 11. The determination ofa violation ofCR 11 is within the sound discretion of the trial court; however, the court must create an adequate record for review by 

### identifying the sanctionable conduct and explaining its reasons for imposing sanctions. Biggs v. Vail, 124 Wn.2d 193, 197, 201, 876 P.2d 448 (1994). "Awards ofattorney fees 

### based upon the intransigence of one party have been granted when the partyengaged 

### in 'foot-dragging' and 'obstruction,'... orsimplywhen one party made the trial unduly difficult and increased legalcosts by his or her actions." In re Marriage ofGreenlee, 65 

### Wn. App. 703, 708, 829 P.2d 1120(1992) (quoting Eidev. Eide. 1 Wn. App. 440, 445, 462 P.2d 562 (1969)). Zebdi contends the court relied on the assertions in the declaration submitted by 

### Gomaa's attorney stating that "in heropinion, the Wife's attorney fees were increased

15No. 69260-7-1/16 

### 75% overwhat should have beennecessary" as a result ofZebdi's intransigence.4 Zebdi also argues the court "recited" the CR 11 factors but did not enterfindings with respect to the CR 11 factors. The court did not rely only on the declaration ofGomaa's attorney in finding Zebdi intransigent and awarding fees under CR 11. In its written findings of fact and conclusions of law addressing intransigence, the court cites to the failure to respond to discovery requests, the failure to comply with subpoenas, and the failure to comply with

court orders: [T]he Petitioner's attorney fees were substantially increased by the Respondent's recalcitrance. He continued to accuse the Wife of the crime of kidnapping throughout the litigation, although the Court had issued an orderthat she and the children could remain in Michigan. The Husband filed repeated motions to have the GALdischarged. He refused to sign the Confirmation of Issues thereby causing Petitioner's attorney to appear before the Court (and Respondent, who was representing himselfat the time, did not appear). Respondent failed to provide timely answers to his interrogatories (Ex. 34) which caused Petitioner's counsel to have to search public records (Ex. 41), subpoena employment records from his employer (Ex. 35), and subpoena bank records (Ex. 37, 40). The court also found that Zebdi withheld information about financial assets, 

### including approximately $40,000 in his personal bank account, the $10,000 he borrowed from friends around the time the dissolution action was commenced, the $16,000 in proceeds from the sale ofthe Honda Odyssey, and the income he earned from his

4Thechallenged finding states: The Wife's attorney has stated in her fee declaration that in her opinion, the Wife's attorney fees were increased 75% over what should have been necessary in this case, as a direct result ofthe Husband's intransigence, as evidenced by his argumentative communications (Ex. 8, 26, 27), multiple attempts to disqualify the Guardian ad Litem, refusal to execute the Confirmation of Issues, noting hearings after counsel had given notice of unavailability, refusal to timely respond to the Wife's Interrogatories and Requests for Production, and failure to fully respond to all of the requests therein, etc. (Ex. 34). 16No. 69260-7-1/17 business. Substantial evidence supports the trial court's finding of intransigence and ordering Zebdi to pay $15,000 in attorney fees to Gomaa under CR 11. We affirm.5 

# Srt-Qo,WOQ0, ;

WE CONCUR:

5Gomaa requests attorney fees on appeal. Wedecline toaward attorney fees underRAP 18.9(a) or RCW 26.09.140. 17