Case law

Matter of Marriage of Mull

61 Wash. App. 715 · Court of Appeals of Washington · Jul 1, 1991

We hold that when a parent is required to make capital contributions in order to maintain his or her source of income and when such contributions are not made to evade greater support obligations, those contributions qualify … The terms of the plan clearly make an election to participate in it irrevocable.

In Re: Gretchen Ruff (fka Gretchen Worthley) v. William Worthley

198 Wash. App. 419 · Court of Appeals of Washington · Mar 28, 2017

issues as to which discretionary review is granted). 7 The parties concede that the superior court erred when it set an evidentiary hearing to determine who the primary parent is under the CRA when the parenting plan clearly … That the CRA incorporates and relies on this traditional presumption is well established in Washington. See Osborne, 119 Wn. App. at 144; In re Marriage of Kim, 179 Wn.

Beltran v. Department of Social & Health Services

98 Wash. App. 245 · Court of Appeals of Washington · Dec 13, 1999

It further provides that the State may authorize exceptions only if it is clearly evident that care for a person in one category will not interfere with the safety of those in other categories. … As the respondents claim, applications for employment would be relevant and discoverable only if Beltran had alleged that the employees were not qualified to be hired into their positions.

State v. Nowinski

102 P.3d 840 · 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."

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.”

Sloan v. Thompson

128 Wash. App. 776 · 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

Jubitz Corporation, V State Department Of Revenue

Court of Appeals of Washington · May 29, 2024

Jubitz issued fuel cards to qualified customers that allowed the customers to obtain fuel both at Jubitz stations and at other fueling stations in the Pacific Pride/CFN networks. … Jubitz Fuel Cards Jubitz issued fuel cards to certain qualified customers.

Richard Ferguson v. Baker Law Firm, Respondent's

Court of Appeals of Washington · Aug 19, 2019

The court found Ferguson did not either "clearly articulate or identify what evidence he would seek in discovery, or how any evidence sought would create a genuine dispute of material fact as to his claims." … We conclude the trial court did not err by concluding the Baker Law Firm and Laurence were immune from civil liability under RCW 4.24.510.

In re the Marriage of Tsarbopoulos

125 Wash. App. 273 · Court of Appeals of Washington · Dec 30, 2004

. ¶2 The court’s jurisdiction to enter a child custody order is established by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA), chapter 26.27 RCW. … The court stated, “[tjhere are ways that notice could have been clearly given as required by the statute including personal service or service by mail.

In Re Marriage of Tsarbopoulos

104 P.3d 692 · Court of Appeals of Washington · Dec 30, 2004

The court's jurisdiction to enter a child custody order is established by the uniform child custody jurisdiction act (UCCJA). … The court stated, "[t]here are ways that notice could have been clearly given as required by the statute including personal service or service by mail.

In Re Marriage of Hamilton

84 P.3d 259 · Court of Appeals of Washington · Feb 10, 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.

Ang v. Martin

76 P.3d 787 · Court of Appeals of Washington · Sep 23, 2003

Clearly the purpose of Schroeder's testimony was to *792 prove that the jury did not say that they were going to acquit the Angs. Further, Schroeder's testimony does not directly contradict Almeda's credibility. … Rules of evidence are designed to aid in establishing the truth.

State v. Blancaflor

183 Wash. App. 215 · Court of Appeals of Washington · Aug 25, 2014

We reject the State’s attempt for us to speculate on the basis of an unfounded presumption that is contrary to well-established law. ¶34 The State also contends that “it would not make any sense to presume that the jurors … We do so here. ¶61 RCW 51.16.060 states: Every employer not qualifying as a self-insurer, shall insure with the state and shall, on or before the last day of January, April, July and October of each year thereafter, furnish

Doe v. CORPORATION OF PRESIDENT OF LDS CHURCH

167 P.3d 1193 · Court of Appeals of Washington · Sep 17, 2007

A grant of immunity from liability clearly implies that civil liability can exist in the first place. Accordingly, we conclude that a private cause of action is implied under the mandated reporting statute. B. … Although K.S. was old enough to clearly testify, on balance the probative value of V.C.'s testimony outweighed the prejudicial effect."

LaCoursiere v. CamWest Development, Inc.

172 Wash. App. 142 · Court of Appeals of Washington · Dec 3, 2012

In Byrne, we held that an employee’s bonus, which was a single television set given to the employee one year, did not establish reliance or an implied contract to include televisions as wages. Id. at 690-91. … Powell , 172 Wash, at 156. ¶22 While the facts in this case are not as clear cut as those in Byrne, they are clearly distinguishable from those in Simon and Powell .

Andrea Sehmel, V. Umair A. Shah

Court of Appeals of Washington · Aug 9, 2022

But, the statute clearly states that the secretary is authorized to act when “the local health officer fails or is unable to do so, or when in an emergency the safety of the public health demands it.” … Under the first Barry factor, this opinion resolves the same issue appellants keep arguing—that the delegation is overbroad—by citing to Barry, which clearly did not intend to require strict guidelines for

Sumas Mountain Comm For Landslide Awareness v. Wa State Forest Practices Brd

Court of Appeals of Washington · Oct 29, 2018

The court issued a memorandum decision in which it stated that the State Supreme Court's opinion in WEA established a narrow definition of "agency action," and the Board Manual did not qualify because it was an "advisory … A de facto rule is thus not immune from judicial review.

State v. Barker

98 Wash. App. 439 · Court of Appeals of Washington · Dec 17, 1999

Commonwealth, 927 S.W.2d 826, 828 (Ky. 1996) (refusing to apply an exclusionary rule when the intent of the statute was to establish implied consent); People v. … This language clearly indicates the legislative intent to preclude the State from using the results of chemical tests of a person’s blood unless the person consents to the test.”). 39 E.g., Clark v.

State v. Rafay

168 Wash. App. 734 · Court of Appeals of Washington · Jun 18, 2012

Miyoshi entered into an immunity agreement and in August 2003 participated in a videotaped preservation deposition that was played at trial. ¶32 After a series of delays caused in part by the need to appoint new attorneys … Burns clearly attempted to leverage the incident to a more lucrative relationship with the organization.

Colbert v. Moomba Sports, Inc.

132 Wash. App. 916 · Court of Appeals of Washington · May 16, 2006

SC counters that Colbert does not qualify as a “foreseeable” NIED plaintiff because (1) he did not witness his daughter suffer or drown; (2) he had been watching fruitless search efforts for two to three hours before he learned … We do not attempt to establish a required physical proximity between the injured victim and the witnessing family member for purposes of NIED.