Case law

Wilson v. Howard

5 Wash. App. 169 · Court of Appeals of Washington · Jun 24, 1971

The learned trial judge clearly understood the changing characteristics of the topography, having been an avid observer of the land as man and boy. … There is nothing in the record to establish where the mean high tide line lay in 1890 relative to these same lots.

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.

Christensen v. Terrell

51 Wash. App. 621 · Court of Appeals of Washington · May 3, 1988

However, under HEAPA review, the court in addition to *625 the arbitrary and capricious standard applies the clearly erroneous standard, i.e., after a review of the entire record, does the court have a definite and firm conviction … Manual states: Before an appointment is terminated because of the discontinuance of a program of instruction, the institution will make an effort to transfer the affected faculty member to a position for which he or she is qualified

City of Hoquiam v. Public Employment Relations Commission

29 Wash. App. 319 · Court of Appeals of Washington · May 13, 1981

The "clearly erroneous" test cannot be applied adequately where the fact-finding process has been tainted. … To go this far does a serious disservice to the public and to Government agencies anxious to attract qualified personnel.

State Of Washington, Resp. v. Matthew Hampton, App.

Court of Appeals of Washington · Aug 11, 2014

Wackerman is a highly qualified criminal defense attorney. … [w]here the victim did not consent... to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct.

State v. Downing

122 Wash. App. 185 · Court of Appeals of Washington · Jun 15, 2004

But the court held that Lee’s conduct did not qualify. … Nor does this case fall squarely under the permissive joinder cases, where the conduct is clearly not the same. See, e.g., State v.

State Of Washington v. Grocery Manufacturers Association

425 P.3d 927 · Court of Appeals of Washington · Sep 5, 2018

GMA did not register with the PDC as a political committee when it established the DOB account. … As a receiver of contributions, GMA qualified as a political committee under RCW 42.17A.005(37).” Clerk’s Papers (CP) at 3339.

Minahan v. Western Washington Fair Ass'n

117 Wash. App. 881 · Court of Appeals of Washington · Jul 29, 2003

Section 344 clearly contemplates only those foreseeable, criminal acts that occur on the possessor’s land. … Bettcher also argues that the Industrial Insurance Act immunizes him from Minahan’s employment claim. He did not assert this defense to the trial court.

Sue Ann Gorman, Res./cross-appellant V Pierce Co, App./cross-respondents

Court of Appeals of Washington · Aug 13, 2013

See RAP 2. ( a). 5 6" Abrogation of the doctrine of sovereign immunity did not create duties where none existed before. … It merely permitted suits against governmental entities that were previously immune from suit."Chambers -Castanes, 100 Wn. d at 288 (emphasis in original).

Better Financial Solutions, Inc. v. Transtech Electric, Inc.

51 P.3d 108 · Court of Appeals of Washington · Aug 16, 2002

could reach but one conclusion." [9] Construction of Lien Statutes BFS's right to obtain payment under the contractor and subcontractor bonds, RCW 39.08.010, and the retainage statute, RCW 60.28.011, depends on whether BFS qualifies … "[ [32] ] California case law has established that, under this statute, included among "persons and laborers ... performing labor upon or bestowing skill or other necessary services on" a work of improvement are not only

Fraternal Order of Eagles v. GRAND AERIE

27 P.3d 1254 · Court of Appeals of Washington · Aug 3, 2001

Clearly, the series of nouns ("institute, club, or place") are modified by this adjective clause and "fraternal organizations" is not. … By this sentence construction we can clearly understand what the common idea is that connects those three entities together-a nature that may be "distinctly private."

Headworks Handcrafted Ales, Wa State Liquor & Cannabis

Court of Appeals of Washington · Jan 2, 2024

At the time, there were approximately 15-25 patrons at the establishment. … Challenged findings will be overturned if they are “clearly erroneous” but “unchallenged findings of fact become verities on appeal.” Providence Health & Servs., 194 Wn. App. at 856-57; Davis v.

In Re The Estate Of Constance E. Little Roxanne Trees, Res. v. Renae Roberson, App.

444 P.3d 23 · Court of Appeals of Washington · Jun 24, 2019

It is clearly referenced in the Will. … The undisputed record establishes the Gift list complies with ROW 11.12.255.

Right-Price Recreation, L.L.C. v. Connells Prairie Community Council

105 Wash. App. 813 · Court of Appeals of Washington · Apr 20, 2001

To help prevent such lawsuits, the legislature granted immunity from civil liability to parties who, in good faith, communicate a complaint to a government agency. RCW 4.24.510. … When “clearly necessary” to make this decision, the trial court may undertake in camera review of the requested information. Snedigar, 114 Wn.2d at 166 .

State Of Washington, V Clabon Terrel Berniard

Court of Appeals of Washington · Jun 24, 2014

And Juror 2 quite clearly admitted that she had thoughts of self - arm if she continued as a juror. … Moreover, the statements at issue here plainly served to help establish other matters in the case.

Gerow v. Washington State Gambling Commission

181 Wash. App. 229 · Court of Appeals of Washington · May 13, 2014

The EAJA also states that “[i]f two or more qualified parties join in an action, the award in total shall not exceed twenty-five thousand dollars.” 11 RCW 4.84.350(2). … RCW 4.84.350(2), however, clearly bars this type of double recovery.

Ana Liza Garcia v. Wa State Dshs

Court of Appeals of Washington · Sep 3, 2019

Under the last antecedent rule, qualifying or modifying words or phrases refer to the last antecedent. State v. Bunker, 169 Wn.2d 571, 578, 238 P.3d 487 (2010). … Thus, the regulations treating individuals with pre-OAPTA and post CAPTA findings of abuse differently are clearly statutorily authorized. 21 The trial court considered Wilson’s declaration in making its findings

Queen City Farms, Inc. v. Central National Insurance

64 Wash. App. 838 · Court of Appeals of Washington · Jun 11, 1992

The trial court in the present case was clearly ápprised of QCF's objection to the use of the objective standard. … But the Brosseau majority clearly stated that in this instance, there was no serious factual question as to that intent.

Roger Martin, Respondent/cross-appellant v. Dept. Of Licensing, Appellant/cross-respondent

Court of Appeals of Washington · Apr 30, 2013

You have the right to additional tests administered by any qualified person of your own choosing. … - App. at 709,711 clearly controls here, and Martin has not convinced us to depart from Lynch.

ALASKA NAT. INS. CO. v. Bryan

104 P.3d 1 · Court of Appeals of Washington · Dec 21, 2004

, Harold Bryan does not qualify as an insured under the Business Auto Policy." … Alaska National clearly reserved the right to challenge coverage.