[No. 62937-9-I. Division One. June 27, 2011.]
Allan Parmelee, pro se.
Daniel T. Satterberg, Prosecuting Attorney, and Nancy A. Balin, Deputy, for respondent.
Author: Ronald Cox, J.
We concur: Michael S. Spearman, J., C. Kenneth Grosse, J. ¶1 COX, J. -- Allan Parmelee appeals from two successive permanent injunctions. They enjoin a governmental agency from allowing him to inspect and copy public records that he sought under the Public Records Act (PRA), chapter 42.56 RCW. We hold that the trial court properly enjoined access to nonexempt public records pursuant to RCW 42.56.565 in the second injunction. Because the relief that Parmelee requests with respect to the first injunction is unavailable due to the issuance of the second injunction, we decline to address his challenges to the first injunction. Parmelee also challenges other orders of the trial court. These challenges are not meritorious. We affirm. ¶2 Parmelee has a long history of harassing and threatening government employees with personal information obtained through various avenues, including the PRA. ¶3 Parmelee has been involved in several PRA cases involving Washington State agencies. For example, Parmelee submitted 223 separate PRA requests to the Department of Corrections (DOC) between 2001 and 2007. These requests primarily sought personal information about specific DOC employees or information about all DOC employees at a specific location. Based on Parmelee's stated intent to use this information to intimidate, harass, slander, and harm DOC employees, a number of superior courts have issued permanent injunctions prohibiting him from obtaining the requested information. ¶4 Division Two of this court recently described some of this context in DeLong v. Parmelee: In 2004, a jury found Parmelee guilty of two counts of first degree arson for the fire-bombing of two automobiles belonging to attorneys opposing him in two separate civil legal actions. Parmelee fire-bombed the automobiles at the attorneys' respective residences. Prior to the first attack, Parmelee posted the attorneys' home addresses on a web site he created to complain about court rulings in his custody and dissolution dispute with the victims' client, Parmelee's former wife. On that web site, Parmelee "invited" other disgruntled fathers to pay the attorney victim "a visit." In addition, Parmelee's first criminal trial on the arson charges resulted in a mistrial because the superior court discovered that Parmelee possessed materials with discrete personal information about the jurors who had been impaneled. The trial court found that Parmelee had secreted this information in direct violation of a superior court order that he not retain any information on jurors. After the jury found him guilty, Parmelee expressed extreme hostility toward the judge and subsequently sought the judge's photograph from the Washington State Bar Association. Parmelee has written several letters to DOC staff stating that he intends to misuse information that he receives about DOC staff. He has also made comments that DOC staff have interpreted as thinly veiled threats against them and their families. On July 20, 2005, Parmelee wrote a letter to DOC Secretary Harold Clarke in which he referred to former Clallam Bay Correctional Center (CBCC) Superintendent Sandra Carter as an "anti-male . . . lesbian," and Associate Superintendent John Aldana as an "antagonist." Parmelee went on to state that "[h]aving a man-hater lesbian as a superintendent is like throwing gas on already smouldering [sic] fire." Parmelee asked Clarke for his "thoughts on this so [Parmelee could] conclude a series of media releases [he had] planned about CBCC." On October 8, 2005, Parmelee wrote a letter to Carter, which stated, I have initiated investigators to possibly interview your neighbors, photograph your home and conduct a detailed due diligence into any actual or potential parties or witnesses to lawsuits. Some of the information will be interpreted and posted on the internet to make it easier for others to sue you people also, and to let the public know what type of people their taxes pay. . . . . . . . I already have some of your home addresses (for a dollar each) and now await the video and photographs. You want to conduct yourselves like official crooks, [sic] you deserve the publicity that comes with it. . . . . This letter is not intended to threaten, intimidate or coerce anyone. It is intended to simply put you on notice so you won't jump to the wrong conclusion when you see a photographer or video camera operator around yours [sic] or your staff's homes. On March 19, 2006, CBCC staff confiscated a letter from Parmelee's cell addressed to Maxwell Tomlinson of Max Investigations. In that letter, Parmelee referred to past and future plans to send people on his behalf to CBCC staff members' homes or to follow them, indicating, "I'll have to call through another as we've done before. As usual bill me through the usual source, up to $2,000.00 per lot that I will pre-approve." Parmelee went on to state that "[s]everal prison staff are defendants in lawsuits and I want them followed and photographed, and all the public records you can find, including SS's, DC's, and vehicle licenses, codes and pictures of them, their homes, and vehicles." Parmelee identified 20 DOC employees he wanted Tomlinson to follow. He then went on to state, I also propose that when we get ready to move forward, that your material not only be posted on the internet for other prisoners to access, but to hire some legal talent to enforce security and to prevent these inbred bullies from causing too much more trouble. Be careful, as we're dealing with people whose thought processes are defective and base. You may need a few bullies of your own. CR-4 service will be required. On July 9, 2006, Parmelee wrote another letter to Carter informing her that he had hired picketers to picket the homes of DOC employees. He stated that he had hired individuals for $2,000.00 per weekend to picket peacefully [outside] some DOC staff's residences and hand out information brochures about DOC employees to the neighbors. . . . These pickets are planned for Olympia DOC people whom [sic] may be in the dark about what's going on here and how bad things really are. They are also planned to occur at your CBCC staff's residences, which one(s) and when will not be revealed until a day or so in advance to the media. On July 11, 2006, Parmelee received a serious infraction at CBCC when he handed a DOC employee a mock-up of a flyer containing the names of several DOC staff members. Parmelee told the employee, "These are the flyers that I am having printed and passed out tomorrow and if you don't stay out of it your dead bitch will be on one of them." The flyer Parmelee gave the correctional officer is entitled "SEXUAL PREDITORS [sic] IN YOUR NEIGHBORHOOD" and lists the names of six DOC employees. Above each DOC employee's name is a rough outline of a picture of that individual with "insert actual photos here as designated" written across one of the sketches. The flyer states in relevant part, These sexual preditors [sic] . . . work at the Clallam Bay prison where homosexual assaults are encouraged against prisoners by Sandra Carter, the gay feminist superintendent. Protect Your Families and Children. Demand The [DOC] Fire These People Now Before You Become Their Next Victim. ¶5 Here, Parmelee exhibited similar behavior to that described in DeLong toward employees of the King County Department of Adult and Juvenile Detention (DAJD). In 2001, Parmelee was found in possession of a self-drawn diagram of the King County jail with notations indicating which areas to bomb. Twice in 2004, DAJD employees found a razor blade mixed in with Parmelee's legal papers when they were cleaning his cell. Parmelee has also physically assaulted DAJD employees on at least 13 occasions. ¶6 Parmelee also has a history of threatening DAJD employees. In 2001, Parmelee wrote a letter to the Corrections Program Administrator (CPA) stating, "I realize you enjoy threatening me because it happens so often. Don't worry, the score will be evened one day. . . . Till Death. AP." ¶7 While incarcerated at King County jail, Parmelee filed numerous grievances about DAJD employees. These grievances included the following express and implied threats. "Fire this idiot because it's people like him that get beat up when their backup isn't present." ¶8 In a grievance response letter, Parmelee wrote, I admit telling Porter that I would put pictures of his [and other jail employees] residences, cars, themselves, and a wide variety of other personal information, all publicly available on the internet. . . . I am aware that past persons on this web site have had problems. . . . Although it is common knowledge, public information may "fuck up someone's life," that's the price society pays for electronic and free information. I will put up many jail staff's publically available personal information, and any secondary paranoia or unproven relationship to problems they have are coincidental. Enjoy the publicity. ¶9 In addition to the threats in his written grievance reports, Parmelee verbally threatened to visit DAJD employees at home. On September 5, 2002, Parmelee told the CPA that he would "watch his home and get him." ¶10 Finally, on multiple occasions, documents containing the names and addresses of DAJD employees were found either in Parmelee's possession or in his handwriting. ¶11 On May 12 and 26, 2008, Parmelee made six separate requests under the PRA to the DAJD for information and records. These requests sought the following information about DAJD employees: ¶1. First, middle, and last name (including hyphenated, changed, and maiden names); ¶2. Date of birth; ¶3. Gender; ¶4. Race; ¶5. Height and weight; ¶6. Date of hire, job title, annual pay/rate of pay; ¶7. Employment identification number; ¶8. Information related to special training; ¶9. Employment evaluations, discipline, and termination records; ¶10. Photographs (in electronic format and including metadata); ¶11. E-mail addresses; ¶12. Direct phone number, pager number, and cell phone number; and 13. All reports, investigation records, photographs, administrative grievances, e-mails, letters, and memos related to "sex-by-guards." ¶12 DAJD commenced this action for declaratory and injunctive relief on behalf of the employees who were the subjects of Parmelee's public disclosure requests. Parmelee filed his answer and also moved for relief in several respects. He sought in camera review of the records at issue, consolidation of this case with a similar case filed by the King County Sheriff's Office, and striking of what he characterized as "redundant, inmaterial [sic], impertinent and scandalous" matter in DAJD's complaint. Thereafter, DAJD moved for a permanent injunction, requesting that the court permanently enjoin it from releasing records to Parmelee that contained employee photographs, dates of birth, gender, race, height and weight, and direct phone, cell phone, and pager numbers. ¶13 The court granted DAJD's motion to enjoin the release of employee photographs, dates of birth, gender, race, height and weight, and direct phone, cell phone, and pager numbers. The court also entered findings of fact and conclusions of law supporting issuance of this injunction. The court denied DAJD's motion for a blanket injunction with respect to other records. ¶14 In the same order, the court denied Parmelee's motion to consolidate and motion to strike DAJD's pleadings. The court also denied Parmelee's motion for in camera review of the records, with the exception that the court reviewed a single photograph and related metadata to determine whether it contained any information subject to public disclosure. ¶15 The court concluded by separate order that some of the photo metadata was subject to disclosure and some was not. Specifically, the court found that the employees' names, dates of hire, titles, departments, and divisions were subject to disclosure. The court concluded that all other information contained in the photo metadata was not subject to disclosure. ¶16 Parmelee timely filed his notice of appeal of this injunction. ¶17 In March 2009, the Legislature amended the PRA. (i) The request was made to harass or intimidate the agency or its employees; (ii) Fulfilling the request would likely threaten the security of correctional facilities; (iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or (iv) Fulfilling the request may assist criminal activity. ¶18 Following the March 20, 2009, effective date of this amendment, King County and the King County Prosecuting Attorney's Office (collectively PAO), filed a motion for injunctive relief against Parmelee under a separate case number from this action. PAO sought to enjoin any past, pending, or future public records requests by Parmelee for the remainder of his incarceration. DAJD moved to join in the PAO motion. Parmelee opposed the motion, moved for discovery, and moved to strike DAJD's motion for joinder. ¶19 On August 25, 2009, the trial court entered findings of fact, conclusions of law, and an order enjoining all pending and future public records requests by Parmelee to DAJD for the remainder of his incarceration under RCW 42.56.565. The trial court also denied Parmelee's motion for discovery and motion to strike. ¶20 DAJD then moved to supplement the trial court record in this case with the PAO motion for injunction and supporting declarations on which the trial court relied in granting the second injunction. The trial court subsequently granted DAJD's motion to supplement the record. ¶21 Parmelee filed a supplemental notice of appeal seeking review of the trial court's second injunction. This court consolidated the two appeals. RCW 42.56.565 INJUNCTION ¶22 We first address Parmelee's challenges to the second injunction that the court issued pursuant to RCW 42.56.565, the March 20, 2009, amendment to the PRA. Parmelee primarily argues that the statute was improperly applied retroactively and that RCW 42.56.565 is unconstitutional on several bases. We disagree with these arguments. ¶23 The PRA makes all "public records" available for public inspection and copying unless the record falls within a specific exemption. ¶24 The superior court may issue an injunction under RCW 42.56.540 if the requested records "fall within specific exemptions found elsewhere in the Act" [1] ¶25 We review de novo injunctions issued under the PRA. Retroactivity ¶26 Parmelee argues that the trial court improperly applied RCW 42.56.565 retroactively "because it strips away rights to previous transactions without a statutory provision to do so." We conclude that the statute was not applied retroactively on this record. ¶27 The Legislature amended the PRA to add the provisions codified as RCW 42.56.565, and this amendment became effective on March 20, 2009. [2, 3] ¶28 The threshold question is whether retroactivity is even at issue on this record. Parmelee appears to argue that the court enjoined the release of records responsive to requests that predate the effective date of RCW 42.56.565. But he fails to cite to the portion of this voluminous record on appeal that supports this claim. Likewise, DAJD does not fill this void, making other arguments why we should reject this claim. ¶29 We will not speculate on whether the court's injunction applies to requests made before the effective date of the amendment. We note that in its motion to join PAO's motion for injunctive relief under RCW 42.56.565, DAJD requested "that all past, pending, and future PRA requests from [Parmelee] to [DAJD] be enjoined for the duration of his incarceration." ¶30 Finally, and most importantly, the trial court did not identify any preamendment PRA requests from Parmelee in its order granting injunctive relief. That order specifically addresses requests made on June 18 and 22, 2009, after the March 20, 2009, effective date of the amendment. The three other categories of requests in the order do not specify when they were made. ¶31 Given the lack of clarity in this voluminous record whether there is any retroactivity issue, we decline to consider this argument any further. ¶32 Parmelee next makes several arguments that challenge the constitutionality of RCW 42.56.565 in various ways. We consider each of these arguments in turn and reject them all. [4, 5] ¶33 We presume that a statute is constitutional and the challenging party bears the burden of proving, beyond a reasonable doubt, its unconstitutionality. Due Process ¶34 Without citation to or discussion of any relevant authority, Parmelee claims that the "preponderance of the evidence" standard in RCW 42.56.565(3), stating the evidentiary standard for proceedings to enjoin access to public records, violates due process. [6, 7] ¶35 We note that "[p]arties raising constitutional issues must present considered arguments to this court." ¶36 This claim is unsupported by any considered argument. Accordingly, we decline to consider it further. ¶37 We are left with the question whether due process applies to any of his remaining claims. We conclude that it does not. [8] ¶38 The Fourteenth Amendment's due process clause provides that no state shall "deprive any person of life, liberty, or property, without due process of law." [9, 10] ¶39 "'A liberty interest may arise from the Constitution,' from 'guarantees implicit in the word "liberty,"' or 'from an expectation or interest created by state laws or policies.'" [11] ¶40 Here, Parmelee has not cited any authority to show that the PRA creates a constitutionally protected liberty interest. [12, 13] ¶41 In any event, Division Two of this court recently concluded that the PRA "merely creates [a] procedure, it does not create a liberty interest." ¶42 Moreover, RCW 42.56.565 does not direct a specific result. Rather, it grants the trial court considerable discretion in determining whether to grant an injunction based on the facts presented. ¶43 For all these reasons, we conclude that the statute does not create a liberty interest that is subject to due process protections. Vagueness and Overbreadth ¶44 Parmelee argues that RCW 42.56.565 is vague and overbroad, chilling constitutionally protected free speech activities. We disagree. [14] ¶45 A statute is unconstitutionally vague if it "'does not define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is proscribed'" or it "'does not provide ascertainable standards of guilt to protect against arbitrary enforcement.'" ¶46 Parmelee appears to argue that RCW 42.56.565 is unconstitutionally vague because it does not precisely define what evidence is sufficient to satisfy the moving party's burden when seeking an injunction. A challenged statute is unconstitutionally vague only if its terms "'are so loose and obscure that they cannot be clearly applied in any context.'" [15] ¶47 The terms at issue here are not so loose and obscure that a trial court would be unable to apply them. In order to issue an injunction, the court must find that: (i) The request was made to harass or intimidate the agency or its employees; (ii) Fulfilling the request would likely threaten the security of correctional facilities; (iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or (iv) Fulfilling the request may assist criminal activity. (Emphasis added.)» In deciding whether to enjoin a request under subsection (1) of this section, the court may consider all relevant factors including, but not limited to: (a) Other requests by the requestor; (b) The type of record or records sought; (c) Statements offered by the requestor concerning the purpose for the request; (d) Whether disclosure of the requested records would likely harm any person or vital government interest; (e) Whether the request seeks a significant and burdensome number of documents; (f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others; and (g) The deterrence of criminal activity. ¶48 Parmelee also argues that the statute is unconstitutionally vague because it does not adequately notify an incarcerated records requestor what types of records requests he is not permitted to make. This argument also fails. ¶49 The statute does not prohibit a prisoner from making PRA requests. Rather, it permits a court to enjoin a prisoner from obtaining access to nonexempt public records if the court finds (1) the request was made to harass or intimidate a public agency or its employees; (2) fulfilling the request would likely threaten the security of a correctional facility; (3) fulfilling the request would likely threaten the safety or security of staff, inmates, or other persons; or (4) fulfilling the request may assist criminal activity. ¶50 Parmelee also argues that RCW 42.56.565 is overbroad. He is mistaken. [16-18] ¶51 A statute is overbroad if it chills or sweeps within its prohibition constitutionally protected free speech activities. ¶52 The first inquiry in the overbreadth analysis is whether the statute prohibits a substantial amount of constitutionally protected speech. ¶53 RCW 42.56.565 does not limit Parmelee's right to publish material critical of state agencies. Nor does it prohibit Parmelee from speaking in any other manner he chooses. The statute merely creates a procedure to enjoin the disclosure of nonexempt public records under limited circumstances. This does not offend the First Amendment. While the United States Supreme Court has determined that certain types of public information, primarily involving judicial proceedings, are covered by the First Amendment's right of access, it has not extended this right to all government documents. ¶54 In sum, Parmelee fails in his burden to prove beyond a reasonable doubt that the statute is either vague or overly broad. Equal Protection ¶55 Parmelee argues that RCW 42.56.565 violates equal protection because it permits government agencies to "arbitrarily select an unpopular records requestor and deny him or her public records." We disagree. [19-24] ¶56 Equal protection under the law is guaranteed by both the Fourteenth Amendment to the United States Constitution and article I, section 12 of the Washington Constitution. ¶57 "'A classification passes rational basis review so long as it bears a rational relation to some legitimate end.'" ¶58 Essentially, Parmelee claims that the authority provided in RCW 42.56.565 to enjoin prisoners from receiving records is not rationally related to any legitimate government interest. This conclusory assertion is insufficient to overcome the presumption of rationality that applies to the PRA. Moreover, there are several rational reasons for the legislative amendment. For example, the statute preserves state resources and prevents frivolous requests by prisoners. ¶59 We affirm the issuance of the second injunction and all other decisions of the trial court that we have considered on the merits. ¶60 The balance of this opinion has no precedential value. Accordingly, pursuant to RCW 2.06.040, it shall not be published. Findings of Fact ¶61 Parmelee appears to argue that the trial court's findings of fact are not supported by the evidence. Specifically, he argues "The Second Injunction Lacked Sufficient Admissible Non-Conclusory Evidence Necessary to Support Its Draconian Result." This claim is without merit. ¶62 RCW 42.56.565(1)(c) allows a court to grant injunctive relief if it finds, by a preponderance of the evidence, that: (i) The request was made to harass or intimidate the agency or its employees; (ii) Fulfilling the request would likely threaten the security of correctional facilities; (iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or (iv) Fulfilling the request may assist criminal activity. ¶63 Parmelee argues variously that there is no evidence that all or any DAJD employees felt personally threatened by his records requests, that he has never harassed or intimidated DAJD employees, and that even if he has harassed DAJD employees, the proper remedy is to pursue a criminal harassment action, not an injunction under the PRA. Parmelee also argues that several of the trial court's findings and conclusions rely on evidence that was improperly considered by the trial court. ¶64 However, our independent review confirms that the trial court's findings are supported by the record. The court's order indicates that, in addition to the declarations submitted by the PAO in support of the injunction, the court also considered the pleadings in all of the underlying actions. These materials are extensive and, as discussed above, demonstrate behavior by Parmelee that clearly meets the requirements of RCW 42.56.565. Moreover, the findings are also supported by the 33 new public records requests by Parmelee to the DAJD that were received on June 22, 2009. ¶65 We further note that this court is unable to review several of Parmelee's arguments because no Verbatim Reports of Proceedings were designated for the appellate record. It is the appellant's duty to provide an adequate record so the appellate court can review assignments of error. Procedural Challenges ¶66 Parmelee argues that DAJD's motion to join the PAO's motion for a permanent injunction under RCW 42.56.565 was insufficiently pled under Civil Rule (CR) 7 because it does not identify the evidence relied upon or the legal basis for the claim. This argument is unpersuasive. ¶67 DAJD's motion to join PAO's motion for a permanent injunction states that DAJD "joins in, King County's motion for an injunction pursuant to the recent amendments to the PRA [RCW 42.56.565]. It is respectfully requested that all past, pending and future PRA requests from [Parmelee] to [DAJD] be enjoined for the duration of his incarceration." ¶68 Parmelee next argues that the trial court abused its discretion by issuing the second injunction when the case was already "dismissed with prejudice" when the court issued the first injunction. But CR 41 expressly provides that a dismissal is without prejudice unless an order states otherwise. The trial court order, entered on December 20, 2008, simply "dismissed" the case. The claim that the court dismissed the case with prejudice is without merit. ¶69 Parmelee also argues that the trial court violated Rule of Appellate Procedure (RAP) 7.2 by granting DAJD's motion to join the PAO motion for injunctive relief without first seeking leave from this court. He is again mistaken. ¶70 RAP 7.2 provides in relevant part: (a) Generally. After review is accepted by the appellate court, the trial court has authority to act in a case only to the extent provided in this rule, unless the appellate court limits or expands that authority as provided in rule 8.3. . . . . (e) Postjudgment Motions and Actions To Modify Decision. The trial court has authority to hear and determine (1) postjudgment motions authorized by the civil rules, the criminal rules, or statutes . . . . If the trial court determination will change a decision then being reviewed by the appellate court, the permission of the appellate court must be obtained prior to the formal entry of the trial court decision. . . . ¶71 Here, DAJD was not required to seek leave from this court under RAP 7.2. RAP 7.2(a) explicitly authorizes the trial court to hear and determine postjudgment motions authorized by the civil rules. Further, RAP 7.2(e) only requires the movant to seek leave from the appellate court prior to the formal entry of the trial court's decision "[i]f the trial court determination will change a decision then being reviewed by the appellate court." ¶72 Parmelee next appears to argue that DAJD's motion was not timely under the Civil Rules. This argument is not supported by the record and the trial court properly dismissed the same claim below. RCW 42.56.540 INJUNCTION ¶73 Parmelee argues that the trial court's first injunction, issued pursuant to RCW 42.56.540, is improper for several reasons. He also argues that several other orders entered by the trial court are erroneous. We decline to address the alleged errors with respect to the first injunction for the reasons discussed below. Further, we conclude that the trial court did not abuse its discretion in denying Parmelee's motion to strike, motion to consolidate, and motion for in camera review. ¶74 Parmelee argues that the trial court erred in determining that employee photographs, dates of birth, gender, race, height and weight, and phone and pager numbers do not meet the definition of a "public record" under RCW 42.56.010(2). He also argues that the trial court's alternative holding, that employee photographs, dates of birth, gender, race, height and weight are exempt under RCW 42.56.230 (personal information exclusion) and that employee phone and pager numbers are exempt under RCW 42.56.420 (security exemption), is erroneous. Parmelee requests that this court reverse the first injunction and award PRA penalties for any record improperly withheld. ¶75 Assuming, without deciding, that the trial court abused its discretion in issuing the first injunction, the remedies sought by Parmelee for this alleged error are not available given our affirmance of the second injunction. First, Parmelee's pending PRA requests that were properly enjoined under RCW 42.56.565 are entirely duplicative of the requests enjoined by the first injunction. DAJD is permanently enjoined for the entirety of Parmelee's incarceration from producing for disclosure "any and all Seattle-KCJ staff's first, middle and last name and hyphenated or maiden names if applicable; their present job title, position, rank and job classification; their respective monthly-annual pay and compensation information and rates; their gender; their date of birth; their race; and any special job qualifications, recognized training and awards," and "electronic cop[ies] of every KCJ-Seattle staff person's ID picture such as on their ID cards, most recently taken with all metadata." ¶76 Second, Parmelee has not demonstrated that he is entitled to PRA penalties. A party who "prevails against an agency" in a court action seeking records under the PRA is entitled to a penalty for each day that the party was denied the right to inspect or copy the record. ¶77 Here, Parmelee is not a prevailing party because this court has not determined that any records were wrongfully withheld. Even assuming that the first injunction was erroneously entered, as described above, Parmelee has not demonstrated that he has the right to obtain any of the requested records. ¶78 We conclude that the lack of a remedy for the trial court's alleged errors in issuing the first injunction renders the issues moot. We decline to address them. Motion to Strike ¶79 Parmelee argues that the trial court abused its discretion in denying his motion to strike DAJD's complaint as "redundant, inmaterial [sic], impertinent and scandalous" under CR 12(f). We disagree. ¶80 CR 12(f) provides: Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.