Case law

State v. Reed

6 P.3d 43 · Court of Appeals of Washington · Aug 7, 2000

Indeed, our recognition of a surveillance location privilege is built upon the established informer's privilege, Roviaro v. … The public policy arguments advanced by the State in support of establishing a "surveillance location privilege" are not persuasive.

Link v. Link

165 Wash. App. 268 · Court of Appeals of Washington · Nov 3, 2011

The court must deny the motion without a hearing unless the affidavit establishes “adequate cause.” Id. … The findings on “best interest” drafted by Pamela and entered by the court were not clearly adopted by Tia. Nor, for that matter, do they establish actual detriment.

Ki Sin Kim v. Allstate Ins. Co., Inc.

223 P.3d 1180 · Court of Appeals of Washington · Jan 6, 2010

CPA Claim ¶ 39 But the record clearly establishes that the trial court erred when it granted Kim's motion for summary judgment. … Moreover, the IME belongs to Allstate and clearly qualifies as its own work product. See Harris v.

Bar K Land Co. v. Webb

72 Wash. App. 380 · Court of Appeals of Washington · Dec 9, 1993

Bar K purportedly spent a substantial amount, but how much was not established in the record. Ms. Webb stopped paying rent on July 1, 1990, but continued to pay remodeling expenses. … Clearly, she was treated by both parties as a purchaser rather than a tenant.

State v. WEAVILLE

162 Wash. App. 801 · Court of Appeals of Washington · Jul 25, 2011

Even a slight act done in furtherance of the crime constitutes an attempt where “the design of a person to commit a crime is clearly shown.” State v. … App. 277, 285 , 699 P.2d 774 (1985) (“once basic requisite qualifications are established, any deficiencies in an expert’s qualifications go to weight, rather than admissibility of testimony”). ¶48 Mitchell was qualified

Timothy White v. Clark County

199 Wash. App. 929 · Court of Appeals of Washington · Jul 25, 2017

The agency bears the burden of establishing that an exemption to production applies. RCW 42.56.550(1); Sargent v. Seattle Police Dep’t, 179 Wn.2d 376, 385-86, 314 P.3d 1093 (2013). … Under White I, this regulation can qualify as an “other statute” for PRA purposes. 188 Wn. App. at 635-36.

State v. Rodriguez

103 Wash. App. 693 · Court of Appeals of Washington · Dec 14, 2000

There, a witness appeared under a cloak of immunity and testified about her role in the crime before the court, thus clearly implicating her complicity as a principal or accomplice. Here, Mr. … The identity of a party may be established by direct or circumstantial evidence. State v. Danielson, 37 Wn. App. 469, 472 , 681 P.2d 260 (1984).

Tombs v. King County

49 Wash. App. 178 · Court of Appeals of Washington · Aug 31, 1987

The issuance of a building permit established the necessary privity between the developer and the County. … Without such reliance, the Tombs fail to establish a claim under the special relationship theory.

State v. Bello

142 Wash. App. 930 · Court of Appeals of Washington · Feb 4, 2008

. ¶11 It is well established that article I, section 7 provides greater protection of the privacy interest in a vehicle and its contents than does the Fourth Amendment. Parker, 139 Wn.2d at 493-95 . … therefore, not subject to the vehicle exigency exception to the warrant requirement. ¶20 Lopez’s contention—that, because a vehicle subject to a traffic stop may be presumed to be the property of the driver, the vehicle is immune

Simpson Investment Co. v. Department of Revenue

92 Wash. App. 905 · Court of Appeals of Washington · Oct 23, 1998

But if the ambiguity *914 concerns an exemption or deduction, the burden is on the taxpayer to establish an exemption, Deaconess Med. Ctr. v. Department of Revenue, 58 Wn. … Simpson is clearly not engaged in banking, loan, or security businesses. The question is whether Simpson is engaged in a “financial business.”

Pearson v. Department of Labor & Industries

164 Wash. App. 426 · Court of Appeals of Washington · Oct 24, 2011

. ¶14 Washington’s Industrial Insurance Act provides injured workers a swift, certain, no fault remedy that is primarily enforced in an administrative process that the act establishes. 7 The act generally provides finality … communicated’ as used in this statute to require only that the worker received the order, not understood it.” 70 Even if Pearson were to argue that he was somehow unable to understand the DLI’s order, he stipulated that it was clearly

Watkins v. FMC Corporation

12 Wash. App. 701 · Court of Appeals of Washington · Feb 5, 1975

The court’s comments are clearly supported by the record. … The evidence sought to establish lost production from each injured tree converted into boxes or tons of apples.

City of Wenatchee v. Boundary Review Board

39 Wash. App. 249 · Court of Appeals of Washington · Dec 20, 1984

Second, a statute is presumed constitutional unless its invalidity clearly appears or is made to appear beyond a reasonable doubt. Port of Tacoma v. Parosa, supra at 184. … The court held the benefits of the act encompassed any area of the state which may elect to qualify under it, and therefore the act was a general, not special, law. See also Aetna Life Ins. Co. v.

Ian Atkerson v. Dep't of Children, Youth & Families

Court of Appeals of Washington · Jan 30, 2024

He argued that the Code of Judicial Conduct, Rules of Professional Conduct, court rules, and the common law establish a policy banning the testimony of retired judges. … Atkerson, argues that RCW 4.24.595(1) is in derogation of the common law negligence standard, as confirmed in Tyner, so the statute must be strictly construed to limit its application to those situations clearly within

State v. Florczak

76 Wash. App. 55 · Court of Appeals of Washington · Oct 24, 1994

I think it is a firmly-rooted exception, and, therefore, there is no need to further establish reliability. It is established if it fits that exception. I think it does. … Here, the trial court did not consider the reliability of KT’s out-of-court statements to Wilson. 6 However, the circumstances surrounding those statements are clearly detailed in the record.

Dean S. v. Frederick S.

134 Wash. App. 141 · Court of Appeals of Washington · Jul 24, 2006

have construed limitations statutes to mean that certain claims do not accrue until the injured party knows or has reason to know of the harm done. 8 ¶15 But the discovery rule is not available where the legislature has clearly … sought two forms of relief: to disestablish Dean and to establish Frederick as C.S.’s father.

JL Storedahl & Sons, Inc. v. Clark County

180 P.3d 848 · Court of Appeals of Washington · Apr 8, 2008

In 1973, the County amended the F-X zone to limit permitted uses, but provided: All uses in existence and occurring on a specific parcel of land which legally qualified as "permitted uses" under provisions of the former F-X … CP at 121-22. ¶ 33 Clearly, the Board disagreed with the Examiner's determination of what the applicable base level would be if the Examiner denied the rezone application.

State v. Bello

176 P.3d 554 · Court of Appeals of Washington · Feb 4, 2008

. ¶ 11 It is well established that article 1, section 7 provides greater protection of the privacy interest in a vehicle and its contents than does the Fourth Amendment. Parker, 139 Wash.2d at 493-95 , 987 P.2d 73 . … therefore, not subject to the vehicle exigency exception to the warrant requirement. ¶ 20 Lopez's contention—that because a vehicle subject to a traffic stop may be presumed to be the property of the driver, the vehicle is immune

Matter of Marriage of Knight

75 Wash. App. 721 · Court of Appeals of Washington · Sep 8, 1994

Ramtha Dialogues was a business established to market items related to Ramtha, an invisible personage. … The party challenging the award bears the burden of proving that the trial court exercised this discretion in a way that was clearly untenable or manifestly unreasonable. Abel v.

State Of Washington v. Geraldo Castro Dejesus Iii

436 P.3d 834 · Court of Appeals of Washington · Mar 11, 2019

But, arguing that guns are widely available does not establish that someone has a gun. It is merely conjecture. … And he’s not very good at it, and he lies about it, but it’s clearly not being offered for propensity evidence.