Case law

State of Washington v. Heather L. Mercado

Court of Appeals of Washington · Jun 5, 2014

You will be required to be tested/or the [acquired immune deficiency syndrome] AIDS virus. … A defendant cannot agree to punishment in excess of that which the legislature has established. In re Pers. Restraint of West, 154 Wn.2d 204,214, 110 P.3d 1122 (2005); In re Pers.

ACF Property Management, Inc. v. Chaussee

69 Wash. App. 913 · Court of Appeals of Washington · May 17, 1993

Thus, the words "[a]ll claims" in the first sentence are qualified by the subsequent language of the clause. … The issues decided in this arbitration were clearly not referable to arbitration under the parties' agreement.

State Of Washington v. Michael S. Olsen

449 P.3d 1089 · Court of Appeals of Washington · Oct 8, 2019

In Raleigh, which addressed an unlawful possession of a firearm conviction, we rejected the argument that under Recuenco, a gun must be operable during the commission of the crime to qualify as a firearm within the meaning … But even though none of Olsen’s more recent offenses were violent offenses or offenses against others, the court expressed concern that Olsen had been walking around with a loaded and concealed weapon, which clearly increased

Fidelity Mortgage Corp. v. Seattle Times Co.

131 Wash. App. 462 · Court of Appeals of Washington · Dec 19, 2005

There is no indication that Fidelity acted or refrained from acting as a result of the Times’ rate charts. f 12 Further, Fidelity has failed to establish that the acts complained of constitute unfair or deceptive acts. … Fidelity contends that certain statements accompanying the chart qualify as misleading advertisements under Hartigan.

HIPPLE v. McFadden

255 P.3d 730 · Court of Appeals of Washington · Apr 28, 2011

The complaint alleges that in 2005, DAC determined that Hipple qualified for appointed counsel, supporting the inference that he was unable to pay the terms of the initial contempt order. … And as an exception, the burden is on the party asserting it, here Hipple, to establish sufficient facts demonstrating that the rule applies. Rivas v. Overlake Hosp. Med.

Right-Price Recreation, LLC v. CPCC

105 Wash. App. 813 · Court of Appeals of Washington · Apr 20, 2001

To help prevent such lawsuits, the legislature granted immunity from civil liability to parties who, in good faith, communicate a complaint to a government agency. RCW 4.24.510. … When " clearly necessary" to make this decision, the trial court may undertake in camera review of the requested information. Snedigar, 114 Wash.2d at 166 , 786 P.2d 781 .

State v. Strong

167 Wash. App. 206 · Court of Appeals of Washington · Mar 15, 2012

Other threats qualifying as “wrongful” for purposes of a charge of extortion in the second degree are threats (1) to accuse any person of a crime or cause criminal charges to be instituted against any person; (2) to expose … It noted that “[b]ecause the requisite intent establishes the criminality of the communicative conduct, any impact... on speech is insubstantial.”

Halvorsen v. Ferguson

46 Wash. App. 708 · Court of Appeals of Washington · Oct 6, 1986

An attorney's immunity from judgmental liability is conditioned upon reasonable research undertaken to ascertain relevant legal principles and to make an informed judgment. Smith v. … Clearly, a judge is in a much better position to make these determinations."

Estate of Jack Franks

Court of Appeals of Washington · Feb 3, 2026

The Estate argued that it properly filed its taxes and that “Washington law clearly holds that a committed intimate partner holds an undivided half-interest 5 No. 60728 … The Department also rejected the Estate’s alternative argument that Roldan’s TEDRA petition was a claim that qualified for a deduction.

State of Washington v. Christopher Brian Ramirez

425 P.3d 534 · Court of Appeals of Washington · Aug 30, 2018

Ramirez claims that even if he cannot establish Mr. … Ramirez’s thought processes were clearly designed to provide the jury a narrative of the State’s theory of the case, based on inferences from the evidence. There was no apparent attempt to demean Mr.

Wallace v. Lewis County

134 Wash. App. 1 · Court of Appeals of Washington · Jun 20, 2006

Gee Cee failed to establish an intentional continuing trespass; it also failed to show damages. *15 A. … The public duty doctrine is an exception to Washington’s waiver of sovereign immunity. Bodin v. City of Stanwood, 130 Wn.2d 726, 731 , 927 P.2d 240 (1996).

State Of Washington v. Anthony Brestoff

Court of Appeals of Washington · Jan 4, 2018

But neither of those cases is particularly instructive because neither Murrin 3 nor Tran 4 squarely address the issue presented here—whether an act qualifies as the “same conduct” if the conduct is not the direct cause … Although we did not discuss whether the new offense violation and the criminal charge were based on the same conduct—Tran’s driving without a license—this conclusion was clearly implied. See 117 Wn.

Evergreen School District No. 114 v. Human Rights Commission

39 Wash. App. 763 · Court of Appeals of Washington · Mar 11, 1985

Rather, the tribunal determined that his remark qualified as such a practice only because Evergreen failed to prevent the incident by implementing a more effective teacher sensitization program after the Luke incident. … Had Evergreen kept alive its efforts to dismiss these proceedings for failure to conciliate in good faith, we would be hard put not to find "clearly erroneous" the tribunal's finding to the contrary.

North Central Washington Respiratory Care Services, Inc. v. Department of Revenue

165 Wash. App. 616 · Court of Appeals of Washington · Dec 20, 2011

Dep’t of Revenue, 105 Wn.2d 912, 917-18 , 719 P.2d 541 (1986) (rejecting taxpayer’s argument that the Department could use a regulation “to expand the tax immunity of exporters beyond the exemptions provided by statute or … Sys., 94 Wn.2d 701, 711 , 620 P.2d 88 (1980)). 14 Excise Tax Bulletin 498.08.151, which the Department promulgated almost 28 years before the legislature adopted its own statutory definition of “prosthetic devices,” 15 clearly

State v. Garza

112 Wash. App. 312 · Court of Appeals of Washington · Jun 24, 2002

Rather, the State argues that such a “vague and cryptic” request to the arresting officer was insufficient to qualify as a reasonable effort to notify the court of Garza’s impending incarceration, particularly where there … Garza also argues that the State has the burden of proving that his efforts to contact the court were not *321 reasonable, pointing to the well-established principle that courts indulge every reasonable presumption against

Federal Home Loan Bank Of Seattle, App. v. Barclays Capital, Inc., Res.

Court of Appeals of Washington · Dec 11, 2017

establish liability. 42 Gustafson v. … To the contrary, they clearly establish that reasonable reliance is an essential element of this claim.

T.B. & K.B. v. S.G. and Dep't Of Soc. & Health Servs.

Court of Appeals of Washington · Oct 19, 2021

It is absurd that financial support a dependent child needs, and for which his adoptive parents are obliged, should be denied solely because the person who would qualify as a custodial parent entitled to apply for support … XIV, § 1, and by the privileges and immunities clause of the Washington Constitution, art. I, § 12, are substantially identical. State v. Shawn P., 122 Wn.2d 553, 559-60, 859 P.2d 1220 (1993).

Magee v. Rite Aid

167 Wash. App. 60 · Court of Appeals of Washington · Jan 17, 2012

And what we’re trying to establish in our record is that there was a repeated physical abuse of this woman from October up until June, and then she filed a claim. … It clearly is not. When the Board exceeds its scope of review, it has committed an error of law. In re Orena Houle, BIIA Dec., 00 11628 (2001).

Mai v. American Seafoods Co.

160 Wash. App. 528 · Court of Appeals of Washington · Mar 14, 2011

credible medical testimony as to whether the seaman has reached maximum cure. 15 Thus, a seaman’s right to maintenance and cure generally continues until a *540 maximum cure determination is both unequivocal and made by a qualified … Texaco, Inc., 45 where the employer refused to pay a seaman’s medical bill even though it possessed a report from a treating physician that clearly related the seaman’s hospitalization to injuries resulting from the seaman

State Of Washington v. Naziyr Yishmael

430 P.3d 279 · Court of Appeals of Washington · Nov 26, 2018

Had the legislature intended to limit punishment to nonlawyers who knowingly practice law, the legislature clearly would have done SO. … Yishmael claims the emphasized "and" is a qualifier to the overall definition, not a separate definition.