Debbie L. Evans (nka Bunney), Res. V. Calvin Evans Jr., App.
CourtCourt of Appeals of Washington
Date FiledNovember 2, 2026
Docket88562-6
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of the Marriage of
DEBBIE L. EVANS (nka BUNNEY), No. 88562-6-I
Respondent,
DIVISION ONE
and
CALVIN H. EVANS, JR., UNPUBLISHED OPINION
Appellant.
CHUNG, J. — Calvin Evans, Jr. appeals the trial court’s denial of his motion to
vacate two judgments entered in the 2011 dissolution of his marriage and a 2021 order
extending those judgments. He contends the court erred by concluding that notice was
not required before the judgments were extended, that his challenge to the original
judgments was untimely, and that his failure to receive an anticipated inheritance did not
constitute extraordinary circumstances under CR 60(b)(11). We affirm.
BACKGROUND
Deborah Evans, now known as Deborah Bunney, 1 and Calvin Evans, Jr. lived
and worked on a ranch owned by Evans’s father during the latter part of their marriage.
The community invested at least $174,000 in improvements to the property. Evans’s
father’s 2006 will devised the ranch to Evans. Evans’s father died while the dissolution
was pending, and the parties were unsure whether Evans would inherit the ranch.
1 After the dissolution of Deborah and Calvin’s marriage, Deborah married Craig Bunney.
Although at the time of some of the actions discussed herein, Deborah’s last name was still Evans, for
clarity, we refer to Deborah as “Bunney” in this opinion.
No. 88562-6-I/2
Evans’s three siblings filed a petition under the Trust and Estate Disputed Resolution
Act (TEDRA) seeking to invalidate the will for lack of testamentary capacity and undue
influence and to have Evans declared an “abuser” under former RCW 11.84.010 (2009),
which would preclude him from inheriting his father’s property. At the time of the
dissolution, the TEDRA proceeding was ongoing.
The dissolution court entered its decree on September 15, 2011. Based on its
finding that Evans would retain more than $800,000 in the ranch property, the court
awarded Bunney the entire $174,000 community investment in the property. The decree
included two monetary judgments of $162,190.50 and $4,508 against Evans. The
decree listed the ranch as Evans’s property “if inherited from his father,” subject to a
$174,000 lien for Bunney. It further stated,
ln the event the Husband is not successful in prosecuting his right under
the Last Will of Calvin Evans, Sr. to the ‘ranch’ real property but shares in
his father’s estate by way of intestate succession or other manner if the
Will is not the basis of probate, this Court retains jurisdiction over this
cause and may reconsider the distribution of assets and other financial
aspects of this case.
In the ensuing TEDRA proceedings, on May 31, 2012, the court found that Evans
had financially abused his father. Evans therefore received nothing from his father’s
estate, and the ranch passed to Evans’s four adult children. Two of the children, Cory
and Jesse Evans, 2 later agreed to quitclaim their combined 50 percent interest in the
ranch to Hidden River Ranch, LLC (HRR), of which Evans was the sole owner, 3 in
2 As Evans shares a last name with his children, for clarity, we refer to the children by their first
names.
3 Cory disputed whether Evans was the sole owner of HRR. See Cory Evans v. Hidden River
Ranch, LLC., No. 84985-9-I, slip op. at 17 (Wash. Ct. App. May 28, 2024) (unpublished),
https://www.courts.wa.gov/opinions/pdf/849859.pdf (reversing default judgment in Cory’s favor because
trial court failed to make the requisite finding to support striking Evans’s pleadings as a sanction for
discovery violations).
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exchange for Evans’s agreement to execute a will that leaves them each 50 percent of
any interest he held in the ranch. Thus, although Evans did not inherit the ranch directly,
HRR acquired half of it through his children.
Following an unsuccessful appeal in the TEDRA action, 4 in May 2017, in the
dissolution action, Evans moved under CR 60(b) to vacate both judgments against him
and redistribute the parties’ property. Meanwhile, Bunney had filed a separate action
against the estate claiming it and those ultimately inheriting the ranch were unjustly
enriched by the community’s contributions to the property (“unjust enrichment lawsuit”).
The dissolution court denied Evans’s CR 60(b) motion without prejudice, stating it
needed additional information about the outcome of Bunney’s separate unjust
enrichment lawsuit. In Bunney’s unjust enrichment lawsuit, HRR moved for summary
judgment, arguing that Bunney had engaged in no transaction with the children or HRR
and that the dissolution court lacked jurisdiction over the owner of the property (either
Cal Sr. or the estate) and the ranch. On August 14, 2018, the court restrained HRR from
transferring or encumbering its 50 percent interest in the ranch and granted HRR’s
motion for summary judgment, but deferred entering a final order until “after dissolution
court rules on additional relief.”
Subsequently, in the dissolution action, Bunney moved for judgment against
HRR’s interest in the property and requested that it constitute a lien on the property
enforceable by judicial foreclosure or partition. On February 6, 2019, the dissolution
court denied Bunney’s motion, reasoning that because HRR was not a party to the
dissolution, the court lacked jurisdiction to grant the requested relief. The dissolution
4 In re Estate of Evans, No. 69214-3-I (Wash. Ct. App. Dec. 21, 2015) (unpublished)
https://www.courts.wa.gov/opinions/pdf/692143.pdf.
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court also noted it had “previously declined to change or vacate the judgment and
distribution of assets . . . and maintains that position without prejudice to either party.”
On March 20, 2019, in Bunney’s unjust enrichment lawsuit, the court lifted the injunction
restraining HRR from alienating its 50 percent interest in the ranch and entered final
summary judgment dismissing Bunney’s claims with prejudice.
Subsequently, two of the Evans children commenced an action to partition the
ranch (“partition action”). 5 On January 6, 2021, the court ruled that the ranch could not
be effectively divided and ordered the real property to be sold for fee simple title,
appointed a referee for the sale, and denied HRR’s request to reserve a life estate for
Evans. 6
In July 2021, in the dissolution action, Bunney applied under RCW 6.17.020(3) 7
to extend the judgments for an additional 10 years. On July 16, 2021, the dissolution
court ordered that the judgments entered September 15, 2011 “are hereby extended an
additional ten (10) years during which an execution may be issued pursuant to RCW
6.17.020.”
In the partition action, Bunney then sought a “charging lien” upon any portion of
the proceeds of the sale of the ranch to which Evans would be entitled. On December
17, 2024, the partition court made findings that Bunney was the judgment creditor in the
dissolution action; the principal amount of the judgments totaled $166,698.50; Evans
had made no payments toward the judgments; and interest on the judgments accrued at
5 Lindsay filed the action, Cory intervened as a third-party plaintiff, and Evans was added as a
third-party defendant.
6 See Hidden River Ranch, LLC v. Rodriguez, No. 82228-4-I, slip op. at 6-7 (Wash. Ct. App. Nov.
14, 2022) (unpublished), https://www.courts.wa.gov/opinions/pdf/822284.pdf (affirming order requiring
partition of the ranch by sale).
7 RCW 6.17.020 has been amended since the events of this case transpired. Because these
amendments do not impact the statutory language relied on by this court, we refer to the current statute.
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12 percent per annum. The partition court granted Bunney’s motion and established a
lien charged against HRR “to the extent of the transferral [sic] interest” of Evans in HRR
or to Evans personally.
On April 28, 2025, approximately five months after Evans claims he learned of
the extension of the judgments in the dissolution action, 8 Evans moved to vacate the
original 2011 judgments in the dissolution action under CR 60(b)(6) and (11) and to
vacate the 2021 extension order under CR 60(b)(4). The dissolution court denied the
motion, concluding that notice of the extension application was not required, that Evans
had not moved for relief from the original judgments within a reasonable time, and that
the circumstances were not extraordinary for purposes of CR 60(b)(11). Evans appeals.
DISCUSSION
On appeal, Evans raises several arguments under CR 60(b). First, he contends
that the court erred by concluding that his motion to vacate the original judgments was
not brought within a reasonable time under CR 60(b). 9 Second, Evans contends that the
court erred by denying his CR 60(b)(4) challenge to the 2021 extension order because
Bunney failed to provide notice for her application to extend the judgments. Third,
Evans contends that the court erred in finding that his failure to inherit the ranch did not
constitute extraordinary circumstances under CR 60(b)(11).
We review a trial court’s decision on a CR 60(b) motion to vacate for an abuse of
discretion. Griggs v. Averbeck Realty, Inc., 92 Wn.2d 576, 582, 599 P.2d 1289 (1979).
8 Evans claims he did not learn of the extension of the judgments until December 2024, when
Bunney sought the charging lien in the partition action.
9 In his motion to vacate, Evans argued that he was entitled to relief under CR 60(b)(6), among
other grounds. Although the trial court did not separately address that ground, it was encompassed in the
court’s determination that the motion was untimely. Because we affirm the court’s denial on timeliness
grounds, we do not reach Evans’s arguments under CR 60(b)(6).
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I. Timeliness
CR 60(b) states that a motion thereunder “shall be made within a reasonable
time and for reasons [under CR 60(b)](1), (2), or (3) not more than 1 year after the
judgment, order, or proceeding was entered or taken.” “What constitutes a reasonable
time depends on the facts and circumstances of each case.” Luckett v. Boeing Co., 98
Wn. App. 307, 312, 989 P.2d 1144 (1999). “The critical period in the determination of
whether a motion to vacate is brought within a reasonable time is the period between
when the moving party became aware of the judgment and the filing of the motion.” Id.
However, “[t]he mere passage of time between the entry of the judgment and the motion
to set it aside is not controlling. Rather, a triggering event for the motion may arise well
after entry of the judgment that the moving party seeks to vacate.” In re Marriage of
Thurston, 92 Wn. App. 494, 500, 963 P.2d 947 (1998). “Major considerations in
determining a motion’s timeliness are: (1) prejudice to the nonmoving party due to the
delay; and (2) whether the moving party has good reasons for failing to take appropriate
action sooner.” Luckett, 98 Wn. App. at 312.
A motion to vacate is based on “equitable principles and terms,” and courts
should “exercise [their] authority liberally to preserve substantial rights and do justice
between the parties.” Haller v. Wallis, 89 Wn.2d 539, 543, 573 P.2d 1302 (1978).
However, a trial court does not abuse its discretion for “refusing to excuse the lack of
diligence demonstrated by [an] attorney where no valid reason for the delay was
offered.” Luckett, 98 Wn. App. at 314.
Evans identifies December 2024, when he claims he learned of the extension of
the 2011 judgments, as the triggering event, i.e., the beginning of the “critical period,”
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No. 88562-6-I/7
for his entire CR 60(b) motion. However, the original judgments that Evans seeks to
vacate were entered in September 2011. Evans was aware that he had not inherited the
ranch by May 31, 2012, when the trial court in the TEDRA proceeding found he had
financially abused his father. 10 In May 2017, he moved to vacate the judgments, but the
dissolution court denied that motion without prejudice, as it believed it needed
information from Bunney’s then-pending unjust enrichment lawsuit against the estate
about the marital community’s contribution to the property. In turn, on August 4, 2018,
the court in the unjust enrichment lawsuit dismissed Bunney’s claims against the estate
but deferred entering a final judgment until after the dissolution court ruled on any other
relief. Then, in the dissolution proceeding, in February 2019, the court denied Bunney’s
request for a lien on the property based on lack of jurisdiction over either HRR or the
property, specifically noting it had “previously declined to change or vacate the
judgment and distribution of assets . . . and maintains that position without prejudice to
either party.” Finally, after the dissolution court had ruled on Bunney’s claims about the
property, on March 20, 2019, the court in the unjust enrichment lawsuit dismissed
Bunney’s claims against the estate with prejudice.
Thus, at the latest, by March 2019, Evans possessed the information the court
had initially requested about the marital community’s interest in the property in the
estate and could have renewed his motion to vacate the judgments against him, as he
did not inherit the ranch as he had expected. But he did not do so, even though the
dissolution court expressly stated in March 2019 that it had previously declined to
vacate the judgments without prejudice.
10 Evans, No. 69214-3-I, slip op. at 1-2. Evans appealed the TEDRA court’s decision, which this
court affirmed. Id.
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No. 88562-6-I/8
Evans argues that even if the critical period “began when Evans’s disinheritance
was legally final, the court failed to recognize no prejudice to Bunney occurred.”
However, an express finding of lack of prejudice is not required; failure to provide an
adequate reason for the delay still makes the CR 60(b) motion untimely. Luckett, 98
Wn. App. at 313. Evans did not file the April 2025 motion within a reasonable time of the
dissolution court’s February 2019 order or the March 2019 order in the unjust
enrichment lawsuit dismissing the claims against the estate.
Nor was Evans’s CR 60(b) motion timely to the extent it sought to vacate the
dissolution court’s July 2021 order extending the judgments. The April 2025 motion was
filed well over three years after entry of the extension order.
Evans claims the critical period for the extension order began later, because he
did not receive notice of it when it was entered and learned of it only in December 2024,
when Bunney obtained a charging lien in the Evans children’s partition action. But even
assuming that the critical period began in December 2024, Evans provides no
justification for the nearly five-month delay before he filed the CR 60 motion in April
2025. By comparison, in Luckett, we held that even a four-month delay was
unreasonable when the moving party supplied no adequate justification. 98 Wn. App. at
313. As in Luckett, here, the trial court did not abuse its discretion in ruling that his April
2025 CR 60 motion was untimely and “refusing to excuse the lack of diligence
demonstrated by [an] attorney where no valid reason for the delay was offered.” Id. at
314.
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II. Lack of Notice of Motion Extending Judgments
Evans sought to vacate the 2021 order extending the judgments against him
pursuant to CR 60(b)(4), based on Bunney’s failure to provide him with notice. As to this
argument, the trial court stated that as an initial matter, “[h]aving reviewed the relevant
statutes and law, the Court finds that notice was not required and denies any relief
based upon that issue.”
A court may vacate a final judgment for “[f]raud (whether heretofore denominated
intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.” CR
60(b)(4). “The trial court may grant relief under CR 60(b)(4) without considering the
probable effect of the misconduct on the trial’s outcome.” Mitchell v. Wash. Inst. of Pub.
Pol’y, 153 Wn. App. 803, 825, 225 P.3d 280 (2009); see also Taylor v. Cessna Aircraft
Co., Inc., 39 Wn. App. 828, 836, 696 P.2d 28 (1985) (CR 60(b)(4) “does not require a
showing the new evidence would have materially affected the outcome of the first
trial.”). “The moving party must prove the misconduct by clear and convincing
evidence.” Mitchell, 153 Wn. App. at 836.
Still, “[a] party seeking to vacate a judgment under CR 60(b)(4) must establish by
clear and convincing evidence that the fraudulent conduct or misrepresentation caused
the entry of the judgment such that the losing party was prevented from fully and fairly
presenting its case or defense.” In re Vulnerable Adult Pet. for Winter, 12 Wn. App. 2d
815, 830, 460 P.3d 667 (2020). “Clear and convincing evidence is that which shows the
ultimate fact in issue to be highly probable.” Id.
Extension of a judgment “shall be granted as a matter of right.” RCW
6.17.020(3). Judicial considerations for an extension of a judgment are confined to the
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No. 88562-6-I/10
application’s “timeliness, factual issues of full or partial satisfaction, or errors in
calculating the judgment summary amounts.” Id. Evans argues that “Bunney’s failure to
provide notice deprived him of any opportunity to raise the issues that RCW 6.17.020(3)
itself identifies as subject to review—timeliness, partial satisfaction, and errors in
calculating the judgment summary amounts.” Yet Evans does not explain what specific
arguments he was unable to raise on these three topics, much less the requisite clear
and convincing evidence of fraudulent conduct or misrepresentation. First, as to
timeliness, Bunney filed her application as required by statute, in July 2021, within 90
days of the 10-year judgment expiration date of September 2021. Second, Evans
identifies no partial satisfaction that was omitted from review. Third, he identifies no
error in the judgment summary amounts. In short, Evans fails to demonstrate by clear
and convincing evidence that Bunney’s alleged failure to provide him notice prevented
him from fully and fairly presenting arguments in opposition to her extension request
within the limited scope of review allowed by RCW 6.17.020(3). Cf. Taylor, 39 Wn. App.
at 834-37 (Cessna’s failure to disclose fuel system testing during discovery supplied
alternative theory of liability that plaintiff could not know existed and thus could not have
litigated previously). The trial court did not abuse its discretion by denying Evans’s
motion for relief under CR 60(b)(4).
III. CR 60(b)(11)
Finally, Evans also sought relief pursuant to CR 60(b)(11), contending that “a
judgment based on a speculative asset that was entirely defeated by extraneous
litigation, compounded by an ex parte judgment extension without notice . . . are, by
their very nature, extraordinary.” Noting that the rule should be used only “in the most
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No. 88562-6-I/11
extreme circumstances,” the trial court concluded that “[n]o such extraordinary
circumstances exist in this matter” that justified relief under CR 60(b)(11). We hold that
the trial court did not abuse its discretion in so concluding.
CR 60(b)(11) provides relief for “[a]ny other reason justifying relief from the
operation of the judgment.” Its application is limited to extraordinary circumstances not
covered by another provision of CR 60(b). Thurston, 92 Wn. App. at 499. A subsequent
change in a party’s financial circumstances, alone, does not justify vacating a
dissolution decree. In re Marriage of Knutson, 114 Wn. App. 866, 873, 60 P.3d 681
(2003).
Courts have found extraordinary circumstances when a material condition of a
property settlement failed, or an unanticipated development defeated the decree’s
intended award of a substantial asset. See Thurston, 92 Wn. App. at 503-04; In re
Marriage of Jennings, 138 Wn.2d 612, 625-27, 980 P.2d 1248 (1999). In Thurston, the
dissolution decree awarded the wife two partnership units held by a corporation in which
the husband owned stock. 92 Wn. App at 502-03. The parties described the transfer of
the husband’s present interest in the partnership as a “condition to this agreement”
whose failure would “throw the whole settlement out.” Id. at 503. When the transfer did
not occur due to a third-party, the court properly acted within its discretion by granting
relief under CR 60(b)(11). Id. Similarly, in Jennings, an unanticipated reclassification of
military retirement benefits substantially reduced the wife’s payments. 138 Wn.2d at
622. Our Supreme Court held that the trial court could reasonably find extraordinary
circumstances where the reclassification and reduced monthly payments defeated the
decree’s intended division of an existing community asset. Id. at 625. “Neither the court
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nor the parties anticipated” that the retirement payments would be reduced in that
manner, and the result was “fundamentally unfair” because it deprived the wife of the
substantial community asset the decree awarded her. Id. at 627.
Here, the expected inheritance was relevant to the dissolution court’s
determination of the financial distribution, but the decree expressly acknowledged the
uncertainty surrounding that inheritance and reserved the authority to “reconsider” it.
That the court “may reconsider” did not require a different distribution if the inheritance
failed. Nor did the decree make the continued validity of Bunney’s judgments contingent
on Evans’s inheritance of the ranch. Rather, Evans’s noninheritance of an asset that
was expressly recognized as uncertain was a trigger for possible judicial review, unlike
in Thurston or Jennings, which involved assets not expected to change in value.
Thurston, 92 Wn. App. at 502-03; Jennings, 138 Wn.2d at 627. The proceedings on
Evans’s 2017 CR 60(b) motion confirm this distinction, as the trial court did not treat the
noninheritance as automatically extinguishing the judgment against Evans. In fact, the
court stated it was not inclined to “simply set aside the judgment.” Because the
dissolution court anticipated the contingency and retained jurisdiction so Evans could
raise it with the court, Evans cannot characterize the noninheritance as extraordinary
when it was a foreseeable disruption.
The case Knutson is more analogous to the facts here. 114 Wn. App. 866 (2003).
There, the decree awarded the wife a specified amount from the husband’s 401(k)
based on an agreed valuation date. Id. at 868. Before the parties completed the
qualified domestic relations order required to divide the account, the account lost
approximately $58,553. Id. at 869. Although the original distribution had been designed
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to divide the marital estate equally, the Court of Appeals held that the later value
change was “not an extraordinary event.” Id. at 873. The husband’s “failure to
appreciate the [401(k)]’s vulnerability to market forces” did not constitute an
extraordinary circumstance, and the interests of finality required enforcement of the
original decree. Id. at 874.
Like the account in Knutson that was vulnerable to market loss, here, the value of
Evans’s interest in the ranch was not certain, and his noninheritance was a
circumstance that the parties and the dissolution court anticipated. The fact that the
dissolution court expressly reserved jurisdiction—both at the time it issued the
judgments in 2011 and later, when it denied Bunney’s request to place a lien on the
property in 2019—demonstrates that a change in the value of marital assets was
contemplated and not extraordinary. The occurrence of a risk the decree expressly
anticipated does not become extraordinary merely because the risk eventually
materialized, as did the risk in Knutson when the husband’s 401(k) account dropped in
value. Id.
While the court denied Evans’s initial request to modify the judgment in 2017, it
did so without prejudice while awaiting the outcome of Bunney’s unfair enrichment
action. Once that action was dismissed in March 2019, Evans had the information the
court had requested. After that, nothing occurred to transform the contemplated
contingency that had in fact come to pass into an extraordinary circumstance that
prevented seeking relief until six years later, in 2025. Nor was Bunney’s extension of the
judgment extraordinary, especially when such extensions “shall be granted as a matter
of right” under RCW 6.17.020(3).
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Thus, we conclude the trial court acted within its discretion by declining to grant
Evans’s CR 60(b)(11) motion to vacate.
CONCLUSION
We affirm.
WE CONCUR:
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