Isaac Nsejjere V Caryn Anderton
CourtCourt of Appeals of Washington
Date FiledNovember 9, 2026
Docket89432-3
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
ISAAC M. NSEJJERE, No. 89432-3-I
Appellant,
v.
CARYN M. ANDERTON, UNPUBLISHED OPINION
Respondent,
DOES 1-25 inclusive,
Defendants.
BOWMAN, A.C.J. — Isaac Nsejjere appeals from the trial court’s order
striking his CR 60(b) motion for failure to comply with vexatious litigant
restrictions. We affirm the trial court’s order and award attorney fees and costs
to Anderton under RAP 18.9(a).
FACTS
Nsejjere and Caryn Anderton had a brief romantic relationship. Nsejjere,
who was in his 50s, also had a romantic relationship with 16-year old A.S.R., and
they had two children together. Anderton ended the relationship with Nsejjere.
According to Nsejjere, Anderton then told A.S.R. that his sexual contact with
A.S.R. should be considered rape and told a mortgage loan officer that Nsejjere
was a pedophile.
Nsejjere sued Anderton for defamation. On July 2, 2024, the trial court
dismissed the lawsuit with prejudice. Anderton asked the court to impose
No. 89432-3-I/2
vexatious litigant restrictions against Nsejjere. She also asked the court to issue
CR 11 sanctions based on Nsejjere’s history of filing dozens of pro se civil
complaints since 2019 and engaging in bad faith discovery and litigation tactics
throughout the current lawsuit. The trial court agreed. It barred Nsejjere from
filing litigation against Anderton and her family, employers, associates, or friends
without written approval of the Snohomish County Superior Court presiding
judge. The court also ordered Nsejjere to pay $15,000 in sanctions. Division
Two of our court affirmed.1
On December 8, 2025, Nsejjere moved under CR 60(b)(3) to set aside the
order dismissing his defamation lawsuit against Anderton and “reopen” the case.
Nsejjere attached a declaration from A.S.R., explaining that she met Nsejjere “for
the first time when [she] was 20 years old,” that they “have a loving relationship,”
and that they are raising two sons together. A.S.R. attached a copy of her
permanent resident card and passport. Nsejjere argued that the “new evidence”
showed that Anderton’s statements calling him a pedophile were not true.
Nsejjere also moved under CR 15(a) to amend his defamation complaint to add
Anderton’s lawyers as defendants, a request that they be disbarred, a claim of
intentional infliction of emotional distress, a request for $13 million in damages,
and a request that Anderton and her lawyers be prosecuted.
The case was assigned to Judge George Appel, who heard oral argument
on January 9, 2026. On January 15, Judge Appel issued an order denying
Nsejjere’s motion to reopen his case. He noted that Nsejjere did not seek
1
Nsejjere v. Anderton, No. 60351-9-II, slip op. at 1-2 (Wash. Ct. App. July 8,
2025) (unpublished), https://www.courts.wa.gov/opinions/pdf/60351-9.25.pdf.
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permission from the Snohomish County Superior Court presiding judge before
filing his motion and described the motion as “a bad faith attempt to reargue
claims that have already been dismissed with prejudice and to assert new
claims.” Judge Appel sanctioned Nsejjere $15,000 for engaging in bad faith
litigation practices.
After appearing before Judge Appel, Nsejjere asked permission from the
Snohomish County Superior Court presiding judge to bring his CR 60(b) motion.
The presiding judge refused to grant permission because Judge Appel had
already ruled on the issue. The presiding judge also sanctioned Nsejjere
$15,000 for continued bad faith litigation practices.
On February 11, 2026, Nsejjere moved to clarify Judge Appel’s January
15 order. Nsejjere asked Judge Appel to issue an order explaining that the court
struck Nsejjere’s CR 60(b) motion on procedural grounds only, that the court did
not consider Nsejjere’s “new evidence,” and that Judge Appel did not rule on the
CR 60(b) motion itself. Judge Appel declined to hear Nsejjere’ s motion for
clarification because it was untimely.2 Still, Judge Appel amended his January
15 order nunc pro tunc. Judge Appel clarified that he struck Nsejjere’ s CR 60(b)
motion because it did not comply with the vexatious litigant restrictions. But he
also explained that had he not stricken the motion, he would have denied it as
“utterly devoid of merit.”
2
Nsejjere complains that the motion was untimely only because Anderton’s
attorneys engaged in “gamesmanship.” But Nsejjere fails to support his argument with
citations to the record or legal analysis, so we decline to address that issue. See RAP
10.3(a)(6).
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On March 18, 2026, a different judge entered a judgement against
Nsejjere for $30,000, reflecting the total sanctions issued by Judge Appel and the
presiding judge. Nsejjere appeals.
ANALYSIS
Nsejjere argues Judge Appel erred by striking his CR 60(b) motion.
Anderton disagrees and asks for attorney fees and costs on appeal. We address
each issue in turn.
1. CR 60(b) Motion
Nsejjere argues Judge Appel erred by striking his CR 60(b) motion under
the vexatious litigant order. We disagree.
We review a trial court’s exercise of discretion for abuse of that discretion.
State ex. rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971). A trial
court abuses its discretion if its decision is manifestly unreasonable, based on
untenable grounds, or is based on untenable reasons. In re Marriage of
Persinger, 188 Wn. App. 606, 609, 355 P.3d 291 (2015). Every court of justice in
Washington has the inherent power to control the conduct of litigants who
impede the orderly conduct of proceedings. Yurtis v. Phipps, 143 Wn. App. 680,
693, 181 P.3d 849 (2008). In that regard, trial courts have the authority to enjoin
a party from engaging in litigation if that party shows a “ ‘specific and detailed . . .
pattern of abusive and frivolous litigation.’ ” Id. (quoting Whatcom County v.
Kane, 31 Wn. App. 250, 253, 640 P.2d 1075 (1981)).
Here, based on Nsejjere’s pattern of abusive and frivolous litigation, the
trial court issued a vexatious litigant order restricting him from filing litigation
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against Anderton and her family, employers, associates, or friends without written
approval of the Snohomish County Superior Court presiding judge. And Division
Two of our court upheld the order on appeal. Nonetheless, Nsejjere filed a
motion to vacate the order dismissing his lawsuit against Anderton and “reopen”
the case, asserting new causes of action, without first obtaining written approval
of the Snohomish County Superior Court presiding judge. As a result, Judge
Appel did not abuse his discretion by concluding that Nsejjere failed to follow the
proper procedure to file his motion.
Neither did the trial court err by concluding that Nsejjere’ s motion lacked
merit. Under CR 60(b)(3), a party may seek relief from a final judgment if they
discover new evidence that “by due diligence could not have been discovered in
time to move for a new trial under rule 59(b).” The moving party must show that
the newly discovered evidence “(1) will probably change the result of the trial; (2)
was discovered after trial; (3) could not have been discovered before trial; (4) is
material; and (5) is not merely cumulative or impeaching.” Graves v. Dep’t of
Game, 76 Wn. App. 705, 718-719, 887 P.2d 424 (1994). Nsejjere did not explain
how a declaration from A.S.R. amounts to newly discovered evidence or why he
could not have obtained it earlier.
2. Attorney Fees and Costs
Anderton requests an award of attorney fees and costs under RAP 18.9(a)
and 18.1. Under RAP 18.9(a), we may order a party who files a frivolous appeal
“to pay terms or compensatory damages to any other party who has been
harmed by the delay or the failure to comply or to pay sanctions to the court.”
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Appropriate sanctions may include an award of attorney fees and costs to the
opposing party. Yurtis, 143 Wn. App. at 696. “A frivolous action is one that
cannot be supported by any rational argument on the law or facts.” Rhinehart v.
Seattle Times, 59 Wn. App. 332, 340, 798 P.2d 1155 (1990).
Because Nsejjere cannot support his assignments of error on appeal with
any rational argument, we deem his appeal frivolous and award Anderton her
attorney fees and costs under RAP 18.9(a) subject to compliance with RAP
18.1.3
We affirm the trial court’s order striking Nsejjere’s CR 60(b) motion and
award Anderton attorney fees and costs on appeal.
WE CONCUR:
3
Anderton asks us to issue a vexatious litigant order to restrict Nsejjere’s ability
to appeal in the future. We decline to do so at this time.
6