Case law

Overlake Fund v. City of Bellevue

60 Wash. App. 787 · Court of Appeals of Washington · Apr 8, 1991

In September 1989, Terry verbally advised Overlake that the DDD intended to recommend denial of Over lake's project because its proposed hotel height did not qualify for a variance. … Clearly, his decision to recommend denial of Overlake's requested variance is properly characterized as "agency action."

State v. Eaton

20 Wash. App. 351 · Court of Appeals of Washington · Jun 7, 1978

The union established picket lines around the Cammarano plant. … Conceding, as we must, that it is extremely unlikely that any reasonable person would not find that Buchanon's serious and debilitating injuries qualified as "grievous bodily harm," State v.

State v. Aquino-Cervantes

88 Wash. App. 699 · Court of Appeals of Washington · Oct 31, 1997

RCW 2.43.080 requires that: "All language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule.” … RCW 5.60.060(2) establishes privileged communications between attorney and client. The attorney-client privilege is not absolute.

Tammy Dietrich, V. Bruce Neely M.d.

Court of Appeals of Washington · Apr 3, 2023

(ii) Security Guard However, the trial court erred in extending this limited immunity to security guard Wilkins. … Haftel opined that the “recorded observations of Skyler clearly demonstrates a patient who was almost certainly having a manic, schizo-affective break and, therefore, at high risk for suicide.

Robertson v. Washington State Liquor Control Board

102 Wash. App. 848 · Court of Appeals of Washington · Oct 12, 2000

Clearly, Congress did not intend to preempt this field of law. Here, Mr. Robertson ran afoul of chapter 82.24 RCW. … In sum, under RCW 82.24.135(5), the person seeking recovery of a conveyance seized pursuant to RCW 82.24.130 bears the burden of proving by a preponderance of the evidence that he or she qualifies for an exemption from forfeiture

State v. Aquino-Cervantes

945 P.2d 767 · Court of Appeals of Washington · Dec 19, 1997

RCW 2.43.080 requires that: "All language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule." … RCW 5.60.060(2) establishes privileged communications between attorney and client. The attorney-client privilege is not absolute.

State v. Neal

102 Wash. App. 99 · Court of Appeals of Washington · Aug 18, 2000

But the 1976 amendments to the rule clearly establish that an identified crime lab vault is not an acknowledged substitute for “the name of the person” on the certificate. … Thus, in order for the report to qualify for mandatory admission under CrR 6.13(b), the certificate must name “the person,” not merely an entity, from whom the evidence was received for testing. 6 Here, the name of the crime

Kilb v. First Student Transportation, LLC

157 Wash. App. 280 · Court of Appeals of Washington · Aug 3, 2010

Kilb claimed his discharge violated the right of employees to organize and form unions, RCW 49.36.010, in contravention of Washington State’s clearly established public policy against interfering with these rights, RCW 49.32.020 … Kilb argues that federal authority establishing this rule is nonbinding. But preemption law is federal law and is controlling of this jurisdiction issue. Hue v.

Ross v. State Farm Mutual Automobile Insurance

82 Wash. App. 787 · Court of Appeals of Washington · Jul 30, 1996

The Eagle clearly was not owned for the regular use of Mrs. Ross. … The Rosses have not established an abuse of discretion. The Rosses are entitled to their attorney fees on appeal. RAP 18.1; McGreevy, 74 Wn. App. at 874 ; McGreevy, 128 Wn.2d at 40 . Affirmed.

Shannon Leahy v. State Farm Mutual Automobile Ins. Co.

418 P.3d 175 · Court of Appeals of Washington · May 21, 2018

At the summary judgment stage with which we are concerned, both appeared qualified to render opinions whether the accident caused Leahy's DM. … But uncertainties do not establish that the offer was reasonable as a matter of law.

State v. Lass

55 Wash. App. 300 · Court of Appeals of Washington · Aug 15, 1989

Tillett was qualified to state the check was not filled out in his handwriting. Therefore, the check had the requisite indicia of reliability necessary to show the circuitous route the truck took. … Here, the evidence established a truck was taken in Spokane *306 without the owner's permission; Mr.

In re the Detention of Jones

149 Wash. App. 16 · Court of Appeals of Washington · Feb 23, 2009

to interpreting the “best interests” determination, the Bergen court also held that the “adequate community safety” determination involves examining the residence identified in an LRA: “[AJdequate community safety” . . . clearly … But RCW 71.09.350(3) provides an exception for an expert who is not providing treatment: Nothing in this section prohibits a qualified expert from examining or evaluating a sexually violent predator who has been conditionally

Messer v. Department of Labor & Industries

118 Wash. App. 635 · Court of Appeals of Washington · Sep 8, 2003

At the hearing, the Department provided testimony establishing that Table C is based upon the Department’s actual experience with mortality rates of injured workers in Washington. … The Auman court clearly held that a claimant is not “entitled” to COLA increases on a portion of the OAR amount that must be deducted. Auman, 110 Wn.2d at 920 .

State v. Perkerewicz

4 Wash. App. 937 · Court of Appeals of Washington · May 5, 1971

At least three uncontroverted facts clearly establish that almost daily the internal mechanism *940 of the cash register in the Bremerton store had been altered in some fashion between the time the daily “reading” had been … The appellant contends that this order violated rights protected by both the federal and state constitutions — her right to immunity from self-incrimination (fifth amendment to the United States Constitution and article 1

Marisa Bavand v. Onewest Bank Fsb

196 Wash. App. 813 · Court of Appeals of Washington · Nov 28, 2016

The Uniform Business Records as Evidence Act ("business records act") "makes evidence that would otherwise be hearsay competent testimony."21 Statements made by a "custodian or other qualified witness" in a declaration … It clearly states that OneWest "is the holder of the promissory note" 67 Truiillo. 183 Wn.2d at 832. 68 Jd at 833. 69 id 70 id at 834. 71 Id.

CLARK COUNTY PUD v. Dept. of Revenue

222 P.3d 1232 · Court of Appeals of Washington · Jan 26, 2010

The Last Antecedent Rule ¶ 37 The last antecedent rule of statutory construction provides that unless a contrary intent appears in the statute, a qualifying phrase refers to the last antecedent, and a comma before the qualifying … See RCW 82.04.010 ("Unless the context clearly requires otherwise, the definitions set forth in the sections preceding RCW 82.04.220 apply throughout this chapter. ") (emphasis added.)

Ray v. King County

86 P.3d 183 · Court of Appeals of Washington · Mar 15, 2004

Rather than identifying the purpose of the conveyances, we must conduct a deed-by-deed analysis to ascertain whether the parties clearly and expressly limited or qualified the interest granted, considering the express language … by stating that a "deed in statutory form grants [an] easement where additional language in the deed expressly and clearly limits or qualifies the interest granted." [12] Conversely, when the deed contains no language relating

Bernsen v. Big Bend Electric Cooperative, Inc.

68 Wash. App. 427 · Court of Appeals of Washington · Jan 12, 1993

Michael Bemsen did not qualify as a new member [of the cooperative]". Michael Bemsen offered to pay the entire cost of the power line extension in advance of installation. … Michael Bemsen contends the unrefuted testimony established its cost at $61,921, not $75,000.

Mark Fey v. State of Washington Community Colleges of Spokane

Court of Appeals of Washington · Apr 18, 2013

Although the district assigns error to dozens of trial court rulings, we agree with its principal contention: the evidence presented by the parties established, as a matter of law, that it was an essential function of the … Fey's reasonable accommodation claim, the district's evidence clearly bore on his damage claim. See Muntin v. State ofCal.

State Of Washington v. Anthony Gene Hand

199 Wash. App. 887 · Court of Appeals of Washington · Jul 25, 2017

The legislature established “performance targets and maximum time limits for the timeliness” of competency evaluations and admissions for restorative treatment. Former RCW 10.77.068(1)(a) (2012). … Wash. 2015), rev’d in part, 822 F.3d 1037 (9th Cir. 2016).5 More recently, another Washington federal district court ruled for purposes of an immunity defense in a 42 U.S.C. § 1983 damages action that it was “clearly