Case law

Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC

155 Wash. App. 643 · Court of Appeals of Washington · Apr 26, 2010

They include Freestone Low Volatility Qualified Partners LP, Freestone Capital Qualified Partners LP, Freestone Low Volatility Partners LP, and Freestone Capital Partners LP (collectively Freestone). … on the same underlying allegations that we discussed with respect to subject matter jurisdiction. ¶92 A court will give words in a contract their ordinary, usual, and popular meaning unless the entirety of the agreement clearly

State v. MacReady

32 Wash. App. 928 · Court of Appeals of Washington · Sep 15, 1982

The qualifying language, added to the inference instruction, could, in some cases, emphasize the fact that there is no evidence to explain a defendant's intent when unlawfully entering or remaining in a building. … It is clearly constitutional. State v. Bennett, 20 Wn. App. 783 , 582 P.2d 569 (1978).

State v. Boehning

127 Wash. App. 511 · Court of Appeals of Washington · May 17, 2005

Boehning objected to Detective Holladay’s testimony on the grounds that Detective Holladay was not qualified to proffer expert testimony about delayed disclosure; the court overruled the objection. ¶14 Boehning testified … Here, the prosecutor went beyond clarifying whether H.R. had a *525 motive to lie about the abuse, he also clearly asked Boehning whether H.R. “made [it all] up.” 3B RP at 219.

Brister v. Tacoma City Council

27 Wash. App. 474 · Court of Appeals of Washington · Oct 21, 1980

The planning department denied the application on the basis that it was inconsistent with policies previously established by Tacoma's land use management plan. … Paragraphs 3 and 5 of the 1976 judgment clearly indicate the trial court's asserted reservation of jurisdiction over the entire project, but paragraph 3(c) specifically declares that the property shall be developed in accordance

Pederson's Fryer Farms, Inc. v. Transamerica Insurance

83 Wash. App. 432 · Court of Appeals of Washington · Sep 6, 1996

The amount Pederson’s expended for cleanup was clearly established at trial through introduction of the bills it received and paid. The amount expended to clean up the contamination was a sum certain. … Clearly, International Ins. did not overrule Olympic S.S.

Department of Natural Resources v. Public Utility District No. 1

187 Wash. App. 490 · Court of Appeals of Washington · Apr 30, 2015

. *497 ¶13 In 1931, the legislature authorized the establishment of public utility districts. Laws of 1931, ch. 1, § 2. … It provides that “[o]nly personnel qualified to work on electrical equipment may take possession or control of evidence owned or controlled by an electric utility.”

Price v. State

96 Wash. App. 604 · Court of Appeals of Washington · Jul 16, 1999

The cause of action accrued regardless of whether they knew that these facts established a legal cause of action. Allen, 118 Wn.2d at 758 . … Clearly, the Prices knew in 1989, when DSHS disclosed the 16 additional pages, that in 1981 DSHS did not disclose all of C.’s health history.

Jerry L. Barr v. Snohomish County Sheriff

419 P.3d 867 · Court of Appeals of Washington · Jun 12, 2018

Sess., ch. 155, § 9(11); (16).3 By establishing a method to seal juvenile records, the legislature reiterated its desire to treat juvenile records more confidentially than other court records. … Applying the rule established in Nelson to Barr’s case, we hold that the Sheriff had a legal duty to issue Barr a CPL.

BOGLE AND GATES v. Holly Mountain Resources

32 P.3d 1002 · Court of Appeals of Washington · Oct 4, 2001

Thus, there was no need to resort to extrinsic evidence to establish the identity of the parties to the agreement. Id. at 296-97 , 890 P.2d 480 . … But, Evans, 52 Wash.2d at 637 , 328 P.2d 671 , clearly states that the statute requires a contract in writing or a written agreement, not some ex parte memorandum related thereto.

State Of Washington, V. Kyle Broussard

525 P.3d 615 · Court of Appeals of Washington · Mar 13, 2023

While our standard of review provides great deference to the trial court’s evidentiary rulings, it does not immunize them. The ruling here was an abuse of discretion. … No. 83056-2-I/11 As this court clearly explained in Wafford, comments made during opening statement can open the door to otherwise inadmissible evidence. 199 Wn. App. at 39.

Dosanjh v. Bhatti

85 Wash. App. 769 · Court of Appeals of Washington · Apr 15, 1997

Act, it follows that such an intent would be clearly set forth within the statute. … In Burnside , the court declined to engage in conflict analysis between Washington and California law where the laws had a common purpose and where California law did not establish an exclusive remedy for injury.

City of Walla Walla v. $401,333.44

164 Wash. App. 236 · Court of Appeals of Washington · Oct 6, 2011

Among matters that can be at issue in determining whether property is “subject to forfeiture” under RCW 69.50.505 are whether the property qualifies as a type of property that can be *245 seized (in this case, money or proceeds … The first factor—that a later position be clearly inconsistent with an earlier position—is not present. The City asserted that Mr.

Estevez v. Faculty Club of Univ. of Wash.

120 P.3d 579 · Court of Appeals of Washington · Oct 3, 2005

The burden is on the moving party to establish its right to *586 summary judgment as a matter of law. … Thus, we hold that the Club does not have "meaningful conditions of limited membership" sufficient to qualify it for a "bona fide private club" exemption under 42 U.S.C.2000e(b)(2).

Ruff v. DEPT. OF LABOR & INDUS. OF STATE

28 P.3d 1 · Court of Appeals of Washington · Jul 17, 2001

Thereafter, Ruff moved to dismiss her appeal based on the exclusion of the above evidence and the lack of other evidence to establish a prima facie case. … Unlike the doctor there, DLI clearly argued that the theory of "chronic porphyria" caused by odor-level chemicals present during building remodel lacked general acceptance in the medical community. As such, Dr.

State v. Carney

178 Wash. App. 349 · Court of Appeals of Washington · Dec 16, 2013

D.C. 331 , 346 F.2d 812 (1965), in concluding that “[i]t would clearly be unconstitutional to *358 permit the conviction of a defendant who was legally insane at the time of the commission of the crime.” … As to convictions that are already final, a defendant can collaterally attack the conviction only if the defendant can establish one of the two exceptions recognized in Teague.

Polygon Northwest Co. v. American Nat. Fire Ins. Co.

189 P.3d 777 · Court of Appeals of Washington · Apr 7, 2008

To the contrary, its policies clearly state that it will be liable for those sums "in excess" of its underlying insurers' policy limits. … The equitable basis established in Olympic Steamship for attorney fee awards is limited to efforts necessary to establish coverage for claims against the insured and is based on the rights of the insured.

In re the Marriage of Hamilton

120 Wash. App. 147 · Court of Appeals of Washington · Jan 15, 2004

Casey is qualified for SSI due to his disabilities. 3. Casey has not treated with any doctors or therapists in San Antonio, Texas, since August of 2001. … George has not filed an affidavit and, therefore, has not established that he lacks the ability to pay Dena’s costs and attorney fees.

Tulalip Tribes Of Washington Et Ano, V. Lexington Insurance Company

Court of Appeals of Washington · Mar 31, 2025

First, Hill & Stout established that a government order alone is insufficient to qualify as a “direct physical loss of or damage to property.” 200 Wn.2d at 225 (“The average person purchasing a property insurance policy would … Co., to support the contention that invisible but hazardous events that impact the air qualify as a “physical loss.” 113 Wn.

State Of Washington, V. Jodie Dean

Court of Appeals of Washington · Aug 3, 2021

Wentz established that the ordinary meaning of “fenced area” clearly includes an area that is completely surrounded by a fence. 149 Wn.2d at 352. The court in Engel did not contradict this holding. … There is no indication that the court intended to establish a broad rule requiring that a completely enclosed area be the curtilage of a building to constitute a “fenced area.”

Yeamans v. Knowles

117 Wash. App. 593 · Court of Appeals of Washington · Jul 14, 2003

Paternity was established through a parentage action. Knowles is a recovering alcoholic and has had limited ability, due to her alcoholism, to care for Brianna until recently. … The court, however, also expressed concerns about the Grubers’ contentious behavior and found them marginally qualified as caregivers.