Case law

State v. Messinger

8 Wash. App. 829 · Court of Appeals of Washington · Apr 24, 1973

. *835 Defendant has generally challenged the use of these collateral matters without clearly enumerating the specific instances assigned as error. … While this testimony was part of the context of his meeting with this lady, the solicitations themselves do not go toward establishing any ingredient of the offense.

Klotz v. Dehkhoda

134 Wash. App. 261 · Court of Appeals of Washington · Jun 12, 2006

an adequate alternative forum even though that jurisdiction does not allow recovery for pain and suffering or for lost and future earnings: [T]he fact that a particular claim cannot be raised in a foreign forum does not establish … We note that the letter was not competent evidence of Canadian law since the insurance adjuster was not shown to be qualified to give an expert opinion on that subject. ER 702; Sehlin v. Chi., Milwaukee, St. Paul & Pac.

State v. Briggs

55 Wash. App. 44 · Court of Appeals of Washington · Aug 14, 1989

The Kent court held that the offending juror's conduct established actual prejudice. Kent , at 449. … The alleged resemblances do not clearly point to Abram as the guilty party. Jones , at 555. The trial court did not err.

Robinson v. Avis Rent A Car System, Inc.

106 Wash. App. 104 · Court of Appeals of Washington · May 7, 2001

To establish a violation of the CPA, a private plaintiff must establish five elements: (1) an unfair or deceptive act or practice; (2) occurring within trade or business; (3) affecting the public interest; (4) injuring the … Federal Trade Commission, the court upheld the FTC’s determination that it was deceptive for a car rental company to use the slogan “Dollar-A-Day” because the slogan “has a decisive connotation for which any qualifying language

Mull v. City of Bellevue

64 Wash. App. 245 · Court of Appeals of Washington · Feb 10, 1992

Cohen qualified his response by stating that "he would not know for sure without actually having the documents or plans revised and submitted for review". Denton submitted plan revisions to the City in July 1986. … First, the height limit in the Professional Office zone is clearly contained in the BLUC. BLUC 20.20.010.

Wesche v. Martin

64 Wash. App. 1 · Court of Appeals of Washington · Jan 27, 1992

The court reasoned as follows: *11 A holder in due course of negotiable paper enjoys certain privileges and immunities which the transferee of an unendorsed order instrument does not have. … Clearly, the benefit of deleting the interest provisions flowed to the Zeldenrusts, and the court's finding on the absence of consideration was directed to the Zeldenrusts. The trial court made no error.

Lincoln & Leslie Beauregard, Appellants/cross-respondents v. Anna Riley, Respondent/cross-appellant

Court of Appeals of Washington · Jun 24, 2019

Riley filed a motion to strike the declaration of Anderson, contending Anderson was not qualified as an expert and her opinion was based on speculation. … Cause in fact is established by showing that "but for" the defendant's breach, the plaintiff's alleged injury would not have occurred. Boquch, 153 Wn. App. at 609.

Michael Mariani, V. State Of Wa, Dept. Of Financial Institutions

Court of Appeals of Washington · May 5, 2025

Sufficient overlap exists here establish a common goal. … But, under WAC 460-44A-050(1)(d), to qualify for the isolated transaction exemption, a petitioner must establish that their sale of a security “is one of not more than three such transactions inside or outside this state

Weiss v. Thompson

120 Wash. App. 402 · Court of Appeals of Washington · Mar 8, 2004

The City’s argument that Weiss has not established a violation of due process for the purpose of habeas corpus relief is at odds with its concession that his liberty was restrained. … But Mink is not persuasive because its facts are clearly distinguishable.

State v. Montgomery

31 Wash. App. 745 · Court of Appeals of Washington · May 5, 1982

It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed … It is quite another to contend that the Constitution provides an immunity from arrest for a person who chooses to manifest his unwillingness to cooperate with the shout of a four-letter expletive on a public street, within

In re the Marriage of Pape

93 Wash. App. 96 · Court of Appeals of Washington · Nov 20, 1998

But such interpretation invites parenting plan modifications that conflict with the Legislature’s clearly stated policy of serving children’s best interests by fostering continuity of parent-child relationships and stability … Throughout the Parenting Act the Legislature has repeatedly made clear that the paramount concern is the best interests of the child, not the convenience of parents, in both the establishment and modification of parenting

Convoy Co. v. Washington Utilities & Transportation Commission

3 Wash. App. 1005 · Court of Appeals of Washington · Dec 31, 1970

The second answer is expressed- in legal overtones.- The protesting carriers cite the principle enunciated by the ICC that shippers must utilize the existing services before -a new-service will be established. . … A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able

Tomas Rios-Garcia v. Washington Dep't Of Social & Health Servs.

Court of Appeals of Washington · Aug 10, 2021

Nonetheless, the ALJ concluded that WAC XXX-XX-XXXX “appears clearly to require receipt” and Mr. Rios-Garcia presented no evidence of receipt. CP at 59. … “A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.” Id.

State of Washington v. Eddie James Davis

Court of Appeals of Washington · Nov 6, 2025

While defense counsel’s failure to impeach H.G. with her prior convictions was clearly a conscious choice, it was not a reasonable choice in this case. … Because Davis does not establish prejudice under the second prong of Strickland, he fails to show that his counsel was ineffective.

Gray v. Pierce County Housing Authority

123 Wash. App. 744 · Court of Appeals of Washington · Aug 31, 2004

PCHA clearly does not fall within the ambit of RCW 59.18.040(1). … The Grays gave up all claims to attorney fees when they settled with PCHA, leaving Gibson as the only class member qualifying under the fee-shifting provisions of RCW 59.18.290(1).

Farina v. Department of Health

94 Wash. App. 441 · Court of Appeals of Washington · Mar 2, 1999

Therefore, the controlled substance registration and penalty provisions of RCW 69.50 clearly do not apply. … Fortunately, RCW 18.64.011 qualifies its definitions with the saving language, “[ujnless the context clearly requires otherwise . . . .” Here, the context clearly does require otherwise to avoid absurdity. State v.

State v. Walsh

57 Wash. App. 488 · Court of Appeals of Washington · Apr 16, 1990

"Under these circumstances, ... the information is immune from attack unless so obviously defective as not to *492 charge the offense by any reasonable construction." Smith, 49 Wn. … The parents' obligation of support can be satisfied without a court hearing to either establish or approve provisions for the child's care.

State v. Hunter

102 Wash. App. 630 · Court of Appeals of Washington · Sep 18, 2000

But we find that the legislature clearly contemplated the payment of drug fund contributions. … Furthermore, we do not think that this task is more appropriately accomplished by another branch because the judiciary is uniquely qualified, by virtue of knowing the facts of each case, to determine whether to impose a drug

Lewis County v. State Of Washington

Court of Appeals of Washington · Dec 17, 2013

We agree with the trial court that the County presented neither type of qualifying issue here. A. … Diversified Indus., 82 Wn.2d at 815. 4 Because the County must establish all four elements to demonstrate a justiciable controversy the failure to establish any one element is fatal to its claim.

In re the Marriage of: Jeannie Kile & Gordon B. Kendall

Court of Appeals of Washington · Apr 9, 2015

The burden was on her to demonstrate, clearly, that the leases and the profits derived from operating under them were her separate property. … And RCW 26.09.090 clearly makes an award of maintenance discretionary, not mandatory. Here, the trial court awarded Mr.