Case law

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.

Minahan v. Western Washington Fair Ass'n

73 P.3d 1019 · Court of Appeals of Washington · Oct 14, 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.

DUSSAULT EX REL. WALKER-VAN BUREN v. AIG, Inc.

99 P.3d 1256 · Court of Appeals of Washington · Nov 1, 2004

Tank clearly controls, and it bars Walker-Van Buren from bringing suit against AIG under the unfair practices regulations. … Because she alleges affirmative misrepresentations, she does not need to establish a duty to disclose.

State v. Jury

19 Wash. App. 256 · Court of Appeals of Washington · Feb 14, 1978

There were no affidavits or statements by persons medically qualified *260 who would have known of or could diagnose Jury's psychiatric problems. … RCW 9A.36.030 establishes a class C felony, where a person "shall assault another with intent to prevent or resist. . . lawful apprehension or detention ..."

Zimmerman v. W8Less Products, LLC

160 Wash. App. 678 · Court of Appeals of Washington · Mar 15, 2011

All management employees must have employment contracts that clearly explain their duties and responsibilities and were [sic] possible layout milestones for accomplishing goals. … This assertion is based on their proving that they are immune from personal liability as members of the LLC, an issue the trial court did not reach. ¶42 Requests for CR 11 sanctions do not amount to an affirmative defense

State v. Evans

26 Wash. App. 251 · Court of Appeals of Washington · May 27, 1980

An appellate court should hesitate before setting aside the verdict of a jury in a condemnation case, and it will only make such order when it clearly appears that the verdict is unjust and unsupported by any competent evidence … The only elements which you should take into consideration are those which will actually affect the fair market value of the property and which are established by the evidence."

Zimmerman v. W8LESS PRODUCTS, LLC

248 P.3d 601 · Court of Appeals of Washington · Mar 15, 2011

All management employees must have employment contracts that clearly explain their duties and responsibilities and were [sic] possible layout milestones for accomplishing goals. … This assertion is based on their proving that they are immune from personal liability as members of the LLC, an issue the trial court did not reach. ¶ 41 Requests for CR 11 sanctions do not amount to an affirmative defense

Cla Estate Services, V. State Of Washington

Court of Appeals of Washington · Aug 22, 2022

CLA disagrees and contends that Panag is inapposite because that case “dealt with facial falsehoods qualified by an inconspicuous disclaimer.” … While this may be a more candid statement of CLA’s business model than it gave to consumers, unchallenged findings and the record as a whole clearly establish that CLA represented, and its clients

State v. Roth

75 Wash. App. 808 · Court of Appeals of Washington · Sep 26, 1994

Clearly, then, evidence of a prior incident in which Roth married, insured, and murdered a woman would be highly relevant to a crucial aspect of the State’s case: the need to rebut Roth’s claim of accident and to establish … "It is settled law that under the Sixth Amendment criminal defendants 'who can afford to retain counsel have a qualified right to obtain counsel of their choice.’ ” United States v.

State v. Johnson

33 Wash. App. 15 · Court of Appeals of Washington · Dec 9, 1982

Nonetheless, the record clearly reflects Johnson's awareness of this right. … The assignment of counsel may be conditioned upon part payment pursuant to an established *40 method of collection.

Richard Eggleston & Shannon Eggleston v. Asotin County

Court of Appeals of Washington · Aug 12, 2025

This issue was conclusively established by the first jury. … Here, the cost to complete the rockeries was clearly disproportionate to the probable loss in value.

State v. Kronich

128 P.3d 119 · Court of Appeals of Washington · Feb 7, 2006

Generally, testimonial statements are declarations or affirmations made for the purpose of establishing some fact. Id. at 1364. … Although the rule does not specifically require the testimony of a custodian or other qualified witness, some courts have read the requirement into the rule. See, e.g., United States v.

Trujillo v. Northwest Trustee Services, Inc.

181 Wash. App. 484 · Court of Appeals of Washington · Jun 2, 2014

It is not necessary for the holder to first establish that he has some beneficial interest in the proceeds.1 64 1 ¶43 This passage explains that, at common law, the holder of a note could also be its owner at the same time … The language of the first sentence of RCW 61.24- *501 .030(7)(a) could have more clearly stated that a beneficiary who is the holder of a note is not always the owner of the note.

Oneamerica Votes, V. State Of Washington

Court of Appeals of Washington · Oct 10, 2022

To establish standing, the plaintiffs must establish: (1) the interest sought to be protected is within the zone of interests being regulated by the law in question and (2) the challenged action … The Challengers clearly raise a justiciable issue regarding the scope of the prohibition as laid out in WAC 390-16-330(2)(a).

Lucas v. Department of Social & Health Services

73 Wash. App. 708 · Court of Appeals of Washington · Apr 11, 1994

The allegations were uncontested, and on January 24, 1991, dependency was established by an agreed order signed by Megan and her attorney. … The Legislature should define the statutory term "prospective adoptive parent”, clearly setting forth the prerequisites to becoming one.

Commonwealth Ins. Co. v. GRAYS HARBOR

84 P.3d 304 · Court of Appeals of Washington · Apr 13, 2004

Commonwealth argues that section 102 applies only to buildings that qualify as a public nuisance under common law. … Attorney Fees The County asserts that it is entitled to attorney fees because it had to litigate to establish coverage.

State v. Johnston

177 P.3d 1127 · Court of Appeals of Washington · Feb 12, 2008

Johnston's claims are correct, he still cannot establish that the trial court abused its discretion. There was clearly a serious potential for a conflict of interest. Ms. … He claims that defense counsel was ineffective for failing to seek dismissal due to a violation of the speedy trial rule. ¶ 67 While not clearly explained in Mr.

In Re the Interest of: B.R.

Court of Appeals of Washington · Mar 10, 2026

It must also find that “continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” RCW 13.34.180(1)(f). … the legislature provided that an alleged father’s, birth parent’s, or parent’s wishes must be followed if that person has agreed to termination of their parental rights and their proposed adoptive placement is properly qualified

In Re the Detention of Taylor-Rose

199 Wash. App. 866 · Court of Appeals of Washington · Jul 25, 2017

However, RCW 71.09.020(17) provides a list of offenses that qualify as a “sexually violent offense” and that list includes second degree child molestation. … And our Supreme Court clearly stated in Moore that current dangerousness is not a separate factor, but is inherent in the existing definition of an SVP. 167 Wn.2d at 125.

State v. Nowinski

124 Wash. App. 617 · Court of Appeals of Washington · Dec 13, 2004

Here, the prosecutor’s qualified disclaimer that there were “no deals being made that night” 15 is more consistent with negotiations conducted in contemplation of a guilty plea. … But here, the undisputed facts establish that Nowinski clearly manifested to the detectives his desire to seek a “deal.”