Case law

Regan v. Department of Licensing

130 Wash. App. 39 · Court of Appeals of Washington · Aug 23, 2005

App. at 856 . ¶33 Assuming, without deciding, that the statute’s definition of “bail bond agent” is vague, the record establishes that, as in Keene , common knowledge and understanding of the bail bond profession clearly … Former RCW 18.185.170(5) provided: [T]he owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties of a bail bond agent without the employee having

State v. Rudolph

141 Wash. App. 59 · Court of Appeals of Washington · Oct 2, 2007

Historically, the State was required to prove to a jury beyond a reasonable doubt that the defendant to be sentenced under a recidivist *74 statute was the person who was previously convicted of statutorily qualifying offenses … Blakely and Apprendi are grounded in the United States Constitution’s Sixth Amendment and establish a defendant’s minimum jury trial right.

Washington State Assoc. Of Counties, V. State Of Washington

Court of Appeals of Washington · Jul 22, 2025

This impact, they assert, is also sufficient to establish an injury in fact. … See Locke, 162 Wn.2d at 482, 483 n.2 (denying city’s standing based on the privileges and immunities aspect of WASH. CONST. art.

Villegas v. Nationstar Mortg., LLC

444 P.3d 14 · Court of Appeals of Washington · Jun 20, 2019

Villegas's failure to establish that Nationstar's bad faith caused him any injury. Villegas appeals. … Lichty , 62 Wash. 656 , 659, 114 P. 518 (1911) ("But, if we assume that the note was not in [the defendant's] actual possession, it was clearly under his control, and therefore constructively in his possession.").

Dorothy A. Millican v. N.a. Degerstrom Inc.

Court of Appeals of Washington · Nov 15, 2013

Lafayette and Degerstrom, for any WISHA violation established by the evidence, it is irrelevant. … Emotional dependency alone will not qualify parents for second-tier beneficiary status. Id.

Bernsen v. Big Bend Electric

68 Wash. App. 427 · Court of Appeals of Washington · Mar 2, 1993

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

City Of Issaquah, V. Westridge-issaquah Ii Lp

500 P.3d 157 · Court of Appeals of Washington · Dec 6, 2021

The development agreement herein, which was entered into in June 1996, established a build-out period of 20 years: A “Buildout Period” of twenty (20) years following first final plat approval is established … The court therein reasoned that a transportation impact fee did not qualify as a “land use control ordinance” because it neither limited the use of land nor resembled a zoning law: The right that vests, according

State v. Rodriquez

187 Wash. App. 922 · Court of Appeals of Washington · Jun 1, 2015

The second definition more clearly communicates the reality that, in the strangulation context, a person’s breathing or blood flow is obstructed in degrees, not discrete intervals. … Evidence adduced at trial established that Rodriquez grabbed Hendon by the throat and forcefully squeezed it.

King County v. Squire Investment Co.

59 Wash. App. 888 · Court of Appeals of Washington · Jan 18, 1991

The authorities and cases discussed above clearly support construing the Squire deed as an easement. In Veach v. … The court qualified the general rule, however, by holding that it is rebutted when "a deed refers to the right of way as a boundary but also gives a metes and bounds description of the abutting property".

State v. Wallin

125 Wash. App. 648 · Court of Appeals of Washington · Feb 7, 2005

Wallin frequented the establishment, lingering to chat with the girl, and bringing her cards and gifts. … The court sentenced Wallin to life without the possibility of parole, finding that because of his 1994 conviction, the current convictions qualified him as a persistent offender. ¶11 Wallin appeals.

In Re Estate of Nikiporez

19 Wash. App. 231 · Court of Appeals of Washington · Feb 8, 1978

It is clearly not within the power of the legislature to prescribe a set form and require its use in every instance, and, in our opinion, it has not attempted to do so. … Hewett, 358 P.2d 579, 581 (Alaska 1961), 8 for the proposition that: [I]f no support were being furnished at the time of death, and if there were then no obligation to render support, the surviving spouse is not a widow qualified

Erik T. Salisbury, Et Ano, V. City Of Seattle, Et Ano

522 P.3d 1019 · Court of Appeals of Washington · Jan 17, 2023

Industrial Insurance Act benefits, and the related statutory language, were not before the court in Gillis, and commenting on them would qualify as “dictum.” … App. 2d 665, 678-96, 513 P.3d 119, review denied, 200 Wn.2d 1014, 519 P.3d 590 (2022) (applying discretionary immunity and the professional rescuer doctrine to claims brought by estate of sheriff’s deputy

Johnson v. Department of Health

133 Wash. App. 403 · Court of Appeals of Washington · May 1, 2006

letter was found a misrepresentation in that it was intended to convince the judge that Client A was in compliance with court-ordered services and that Johnson was providing those services, when in fact Johnson was neither qualified … She intended the court to believe that she was acting in her professional capacity as a counselor, even if in fact she had not established a professional relationship. ¶ 15 To be sanctionable, misconduct does not have to

Feil v. E. WASH. GROWTH MGMT. HEARINGS BD.

220 P.3d 1248 · Court of Appeals of Washington · Dec 3, 2009

The findings refer to the buffers established in the permit application, and the application in turn promises compliance with the buffer requirements of the County code. … County regulations that establish recreational overlay districts in agricultural areas do not then permit a land use that is prohibited by the GMA.

Wilhelm v. Spokane Community Mental Health Center

45 Wash. App. 489 · Court of Appeals of Washington · Oct 2, 1986

Likewise, the record reveals the court reviewed the intent of the Legislature and the law; it clearly articulated its dislike for long-term foster care. … The source of a state agency's rights, powers, duties, privileges and immunities is statutory. State Liquor Control Bd. v. State Personnel Bd., 88 Wn.2d 368, 371 , 561 *501 P.2d 195 (1977); State ex rel. Graham v.

Cyma Tupas v. Department Of Ecology

Court of Appeals of Washington · Dec 7, 2015

In November 2012, Tupas filed a lawsuit against the Department and three supervisors alleging national origin discrimination and retaliation.1 She alleged that, beginning in 2007, less qualified Caucasian workers were selected … immunity from p_re judgement interest on tort claims.

Michael Aaland, V. Crst Home Solutions, Llc, Et Ano.

Court of Appeals of Washington · Sep 15, 2025

generally not violated where a “message is transmitted at the direction of a person offering cellular telephone or pager service to the person’s existing subscriber at no cost to the subscriber” or where a person who has “clearly … The record thus establishes that CRST sent text messages to Aaland and class members to recruit contractors to contribute to its continued commercial success and growth.

State v. Spencer

111 Wash. App. 401 · Court of Appeals of Washington · Apr 26, 2002

The basis of his motion was that he had newly discovered evidence in the form of an affidavit from Leanne McMullen in which she qualified some of her trial testimony. … In a criminal case, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement." [6] "A person commits the

Sloan v. Thompson

115 P.3d 1009 · Court of Appeals of Washington · Jul 5, 2005

The superior court stated in its memorandum decision that "there is no evidence of fraud or concealment" and that "[w]hile the defects of the house clearly meet that standard, the proof is not there to establish a knowing … In fact, all expert testimony points to the contrary, and the superior court erred in imputing such knowledge upon the Sloans. ¶ 28 Furthermore, the "as-is" provision in the purchase contract does not immunize Thompson from

Bruce M. Beatty v. Washington Fish & Wildlife Commission

Court of Appeals of Washington · Jan 15, 2015

"The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and prospecting methods that require compliance with the pamphlet." RCW 77.55.091(3). … Beatty neglected to address which of the qualifiers in RCW 34.05.010(16) apply to the WDFW's action in order to classifY the internal mitigation policy as a rule.