Franchesca Paola Cornelio Cuevas, V. Musah Koram Ali
59474-9
| Wash. Ct. App. | Mar 25, 2025Background:
- Franchesca Cornelio-Cuevas (“Respondent”) and Musah Ali (“Appellant”) were married, shared a daughter (AC), and lived together in Black Diamond, WA.
- In January 2024, Cornelio-Cuevas left the home, contacted police for assistance, and subsequently filed a Domestic Violence Protection Order (DVPO) petition in Pierce County, alleging abuse, coercion, threats to take the child to Ghana, and financial control.
- Ali denied the allegations, challenged sufficiency of evidence, and claimed improper venue since the parties did not reside in Pierce County. He submitted a police report that included a disputed police dispatcher’s statement suggesting stereotypes about African men.
- The superior court commissioner granted the DVPO, finding Cornelio-Cuevas credible and sufficient evidence of domestic violence and coercive control; Ali later filed motions for revision and reconsideration, both denied by a superior court judge.
- On appeal, Ali asserted the court improperly considered the police dispatcher’s statement and erred in denying his venue objection; Cornelio-Cuevas sought attorney fees.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consideration of dispatcher’s statement | Court should not consider unrelated, biased evidence | Commissioner and judge relied on racist stereotype | No evidence court relied on it; affirmed DVPO |
| Sufficiency of evidence for DVPO | DVPO supported by credible, corroborated declarations | No corroboration; DV allegations not proven | Preponderance standard met |
| Venue in Pierce County | Venue proper or was waived by Ali | Venue improper; should have been in King County | Waived by failure to timely object |
| Attorney fees and costs on appeal | Entitled if relief affirmed | Opposed | Fees and costs awarded to Cornelio-Cuevas |
Key Cases Cited
- In re Marriage of Moody, 137 Wn.2d 979 (Washington Supreme Court 1999) (standard of review for commissioner’s rulings and motions for revision)
- Knight v. Knight, 178 Wn. App. 929 (Washington Ct. App. 2014) (review on appeal is of the superior court's decision, not the commissioner's)
- Maldonado v. Maldonado, 197 Wn. App. 779 (Washington Ct. App. 2017) (denial of revision constitutes adoption of commissioner's findings)
- Seven Hills, LLC v. Chelan County, 198 Wn.2d 371 (Washington Supreme Court 2021) (unchallenged findings are verities on appeal)