Case law

Daniel Duffus v. City Of Seattle

Court of Appeals of Washington · Feb 23, 2015

Duffus asserts that because the 1904 deed established the west half of the residential lot as a separate building site, the decision is a clearly erroneous application of the law to the undisputed facts. … App. at 673-74.6 We affirmed denial ofa writ of mandamus because the deeds did not "clearly establish ]" or "demonstrate whether either conveyance was made for the express purpose of establishing a 'separate building site

Department of Social & Health Services v. Brown

115 Wash. App. 182 · Court of Appeals of Washington · Nov 18, 2002

He claims lie qualifies under the latter two criteria and does not argue the first. … Brown did not deny that this incident occurred, and a child wandering unsupervised by the roadway clearly poses the potential for physical harm to the child.

Mayer v. Pierce County Medical Bureau, Inc.

80 Wash. App. 416 · Court of Appeals of Washington · Dec 19, 1995

Agreement and by the Bureau’s Bylaws. 2 As support, he cites two principles of general contract construction: (1) when there is an inconsistency between a general and a specific provision, the specific provision ordinarily qualifies … Although clearly applicable to the circumstances in this case, Mayer concedes that this legislation did not take effect until 1993, one year after the Bureau cancelled the Preferred Participant Agreement.

SEATTLE PRO. ENG. EMP. ASS'N v. Boeing Co.

963 P.2d 204 · Court of Appeals of Washington · Oct 6, 1998

,..., yield to what the legislature has established as the law." … Thus, the qualified employees should have been compensated for the time spent at orientation at the agreed-upon rate as contained in their employment agreement because orientation was work and the qualified plaintiffs were

Bell v. McMurray

5 Wash. App. 207 · Court of Appeals of Washington · Jun 30, 1971

The time sequence between the two occurrences was not established with certainty, although the trial court had competent testimony from which it could reasonably find that the second impact occurred between 3 and 10 minutes … It is our view that the “rescue doctrine,” if applicable, qualifies as an “emergency cause” within the statute. French v.

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res.

Court of Appeals of Washington · Dec 22, 2014

In August 2010, a dependency was established by agreed order as to both parents. … with adoption, or to continue efforts to return custody of the child to the parent; and (b) All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate

State v. Gassman

248 P.3d 155 · Court of Appeals of Washington · Mar 15, 2011

excessive or clearly too lenient." … Gassman cannot establish prejudice." Opinion at 161.

In Re the Marriage of Dalthorp

23 Wash. App. 904 · Court of Appeals of Washington · Aug 7, 1979

No qualifying language such as that urged by appellant was added. … It is the first paragraph of RCW 2.08.180 which establishes the qualifications.

State Of Washington v. Brian K. Brush

425 P.3d 545 · Court of Appeals of Washington · Aug 28, 2018

Brush argues that, as matter of law, seven weeks cannot qualify as a “prolonged period of time.” … CLEARLY EXCESSIVE SENTENCE Brush argues that his 1,000 month sentence is clearly excessive. We disagree.

Thurston County v. Cooper Point Ass'n

108 Wash. App. 429 · Court of Appeals of Washington · Sep 14, 2001

Thus, the County has not established that the proposed sewer line extension is “necessary.” … Laying a four-inch sewer pipe qualifies as an “urban governmental service,” which the GMA defines as “specifically including storm and sanitary sewer systems.” RCW 36.70A.030G9).

Grey v. Leach

158 Wash. App. 837 · Court of Appeals of Washington · Dec 13, 2010

” 13 or (3) “by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at the facility.” 14 Only the third limitation is at issue here. ¶14 The Leaches contend that they qualify … than on the unexpressed subjective intent of the parties.” 26 Clear and unambiguous contracts are enforced as written. 27 Words used in a contract are given their ordinary, usual, and popular meaning unless the agreement clearly

Horn v. Moberg

68 Wash. App. 551 · Court of Appeals of Washington · Feb 1, 1993

The Homs' decision to dismiss their claim against Maytag was clearly an exercise of independent business judgment. Mr. … The record in this case fails to establish legal causation between the alleged negligence of Moberg and the damages sustained by the Homs. It follows that proximate cause has not been established as a matter of law.

State v. Hayes

81 Wash. App. 425 · Court of Appeals of Washington · Apr 29, 1996

To hold as a matter of law that generic testimony is always insufficient to sustain a conviction of a resident child molester risks unfairly immunizing from prosecution those offenders who subject young victims to multiple … Her further testimony that these acts occurred during the period between 1990 and 1992 is sufficient to establish the third prong.

State Of Washington, V Baron Dell Ashley, Jr.

Court of Appeals of Washington · May 27, 2015

Ashley cites to no authority establishing that a witness' s testimony alone cannot establish a fact by a preponderance of the evidence. … But Ashley clearly argued at sentencing that he did not have the current or future ability to pay LFOs. Thus, we cannot decline to consider this issue under RAP 2. 5( a).

Orris v. Lingley

172 Wash. App. 61 · Court of Appeals of Washington · Nov 27, 2012

Orris’s counsel submitted a declaration under penalty of peijury asserting that “[i]t is apparent someone else changed that information” and that the alteration was “clearly” not made in Orris’s father’s handwriting. … However, “ ‘[i]f both employees have a common employer but the negligent employee is not acting in the course of his employment at the time the injury occurs,’ ” the negligent employee is not immune from suit by the injured

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res.

Court of Appeals of Washington · Oct 20, 2014

In August 2010, a dependency was established by agreed order as to both parents. … with adoption, or to continue efforts to return custody of the child to the parent; and (b) All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate

State v. Yarbrough

151 Wash. App. 66 · Court of Appeals of Washington · Jun 30, 2009

Although Dudley could see that someone was holding a gun, he could not clearly see who that person was. … And Ringer’s testimony was “otherwise admissible” because he was clearly qualified as a gang expert given his extensive training and years of experience and his testimony was helpful to the jury as it provided the context

State v. Lacey

8 Wash. App. 542 · Court of Appeals of Washington · Mar 16, 1973

Very clearly the trial court did not abuse its discretion in rejecting evidence of the probate sale on the basis that the probate sale was forced and not voluntary. … Under RCW 8.25.070 they have qualified for the allowance of the attorney fees. In State v. Kodama, 4 Wn.

State v. Russell

172 P.3d 361 · Court of Appeals of Washington · Nov 14, 2007

At sentencing, the trial court found by a preponderance of the evidence that Russell had two prior convictions "of the most serious offense[]" thereby qualifying him as a persistent offender under the Persistent Offender … GR 16(c)(1)-(3). ¶ 18 Here, the record clearly shows that the trial court complied with the GR 16 requirements.

Northwest Motorcycle Ass'n v. Interagency Committee for Outdoor Recreation

127 Wash. App. 408 · Court of Appeals of Washington · May 5, 2005

This intent is clearly expressed in the unambiguous language of the provision. Id. at 810. … A refund authorized by law is clearly authorized by the provision.