Case law

Perkins v. CTX Mortg. Co.

137 Wash. 2d 93 · Washington Supreme Court · Jan 7, 1999

We have clearly held that it is the nature and character of the service rendered rather than the fact of compensation for it that governs. … CTX fails to demonstrate how bifurcation of the real estate loan transaction ensures that qualified individuals exercise legal discretion.

Metropolitan Park District v. State

85 Wash. 2d 821 · Washington Supreme Court · Sep 18, 1975

RCW 79.08.080 establishes legal authorization for the issuances of use deeds. … Arguably, the committee might have erred in determining that the District’s intended use qualified for a use deed.

Brown v. State

119 P.3d 341 · Washington Supreme Court · Sep 8, 2005

McAuliffe]: ....The reason for this amendment is that clearly in the ... substitute and the original bill the language said that this will not be part of basic education. … Since the initiative attempted to change the meaning of the constitution, we were constrained to rule that "[I-732] clearly [sought] to expand basic education in a way that is contrary to constitutional principles."

Havens v. C & D PLASTICS, INC.

124 Wash. 2d 158 · Washington Supreme Court · Aug 22, 1994

He believed he had authority to do so and thought the individual was experienced and qualified for the job. … Plaintiff thought he was not qualified and did not hire him for the position.

Lemire v. Department of Ecology

178 Wash. 2d 227 · Washington Supreme Court · Aug 15, 2013

Atkins may be able to qualify as such, but no court made that “expert” determination. ER 702. … Just as Atkins would likely qualify as an expert for purposes of a trial due to his training and experience, Lemire also would likely qualify as an expert in farming, ranching, and cattle behavior for similar reasons.

Newschwander v. Board of Trustees of Washington State Teachers' Retirement System

94 Wash. 2d 701 · Washington Supreme Court · Nov 26, 1980

foregoing it is clear the computation of WSTRS pension benefits for the class is regulated in part by RCW 41.32.497 which currently provides in relevant part: Any person who became a member on or before April 25, 1973 and who qualifies … Clearly the time of designation of creditable service occurred at the 1957 transfer.

Brewer v. Copeland

86 Wash. 2d 58 · Washington Supreme Court · Nov 13, 1975

Freehe, supra (interspousal immunity); Borst v. Borst, 41 Wn.2d 642 , 251 P.2d 149 (1952) (parental immunity). [4] We fail to find these arguments persuasive. … For instance, in our cases abolishing interspousal tort immunity, Freehe v. Freehe, 81 Wn.2d 183 , 500 P.2d 771 (1972), and parental immunity, Borst v.

State v. Kronich

161 P.3d 982 · Washington Supreme Court · Jul 12, 2007

In other words, assuming there was an error, it clearly had "practical and identifiable consequences in the trial of the case." State v. Stein, 144 Wash.2d 236, 240 , 27 P.3d 184 (2001). … CONCLUSION ¶ 22 Kronich's claim that the trial court violated his rights under the Confrontation Clause by admitting a DOL certification qualifies as a claim of manifest error affecting a constitutional right.

Werker v. Knox

197 Wash. 453 · Washington Supreme Court · Dec 27, 1938

1) Non Etta Werker, plaintiff, is a minor, age fourteen years; John Werker is her father and was duly appointed, and qualified, and is acting as guardian ad litem under proper appointment by this court. “(2) June 2nd, 1936 … It being established that Mrs.

State Ex Rel. Kennedy v. Reeves

22 Wash. 2d 677 · Washington Supreme Court · Apr 2, 1945

The respondent is the duly elected, qualified, and acting secretary of state of the state of Washington. *678 On March 17, 1945, the committee filed an application in this court for a writ of mandamus to be directed to the … That does not establish that it is necessary for the immediate preservation of the public peace, health or safety, or support of the state government and its existing public institutions.

Beckendorf v. Beckendorf

76 Wash. 2d 457 · Washington Supreme Court · Jul 31, 1969

Whether the ranch had been profitable in the past was a question which was not clearly resolved by the evidence. … But when we reach the question of reliance, we find neither evidence nor findings of fact to establish this vital element.

In re the Personal Restraint of Colbert

186 Wash. 2d 614 · Washington Supreme Court · Sep 29, 2016

This defense must be established by a preponderance of the evidence. … W.R. expressly overruled our prior cases, which had established the contrary rule.

South Hollywood Hills Citizens Ass'n v. King County

101 Wash. 2d 68 · Washington Supreme Court · Feb 2, 1984

II The doctrine of exhaustion of administrative remedies is well established in Washington. … The record clearly indicates these procedures were followed.

In re the Personal Restraint of Cross

180 Wash. 2d 664 · Washington Supreme Court · Jun 26, 2014

The Supreme Court recruits and maintains a list of attorneys qualified for appointment by virtue of training or experience. Id. … Weyerhaeuser Co., 134 Wn.2d 795, 803 , 953 P.2d 800 (1998) (malingering can be established through expert and nonexpert opinion).

Hillis v. Department of Ecology

131 Wash. 2d 373 · Washington Supreme Court · Mar 6, 1997

Clearly, however, the relevant holding in Ellens-burg is simply that "The power of appropriation is vested in the Legislature. It is the rare case where the judiciary interferes with that power.” 118 Wn.2d at 718 . … Nor should we immunize state government from the natural consequences of its lawlessness. Governmental immunity has been abolished by statute. See RCW 4.92.090; 4.96.010.

Johnson v. City of Tacoma

41 Wash. 51 · Washington Supreme Court · Dec 19, 1905

The personal injury case was clearly not one for opinion evidence, for the reason that the basis of the opinion had no definite standard. … It is further urged, however, that the witnesses were not shown to be qualified to give opinions. We think the record shows sufficient qualification to permit them to testify.

State v. Cole

68 Wash. 2d 400 · Washington Supreme Court · Apr 14, 1966

The trial court granted the request even though, technically, Cole, being a nonresident, did not qualify for such admission. … The jury was instructed on the issue of temporary insanity and the proof required to establish it. No exceptions were taken to any of the instructions, and they became the law of the case.

Puget Sound Financial, L.L.C. v. Unisearch, Inc.

146 Wash. 2d 428 · Washington Supreme Court · Jun 6, 2002

We need not determine the impact of the first invoice to decide that, after 48 transactions, a course of dealing was clearly established. … The court then determined that 47 prior transactions were sufficient to establish a course of dealing. Id.

Skansi v. Novak

84 Wash. 39 · Washington Supreme Court · Feb 5, 1915

On cross-examination, he testified that the house he built to live in was on the bank, fifty or sixty feet above the shore line, and qualified his former answers as follows: “Q. (by Mr. Nichols). … This case is clearly ruled by the case of McNaught-Collins Improvement Co. v. May, supra, and the other decisions cited in connection with it. To hold otherwise would *47 be to return to the doctrine of Johnson v.

MacLean v. First Northwest Industries of America, Inc.

96 Wash. 2d 338 · Washington Supreme Court · Nov 25, 1981

Slenderella Sys., 54 Wn.2d 440, 443 , 341 P.2d 859 (1959), that principle again, but less clearly, appears. There, a beauty salon subtly refused to serve a black woman. … Such allegations, had respondent been allowed to prove them, could establish actual damage.