Case law

In re the Detention of Sease

190 Wash. App. 29 · Court of Appeals of Washington · Jul 14, 2015

The report stated that “Sease would meet the full criteria for Antisocial Personality Disorder if he more clearly had symptoms of Conduct Disorder prior to the age of 15 years.” CP at 62 n.13. Dr. … Statutory Framework ¶23 Under chapter 71.09 RCW, civil commitment is indefinite, “but the Department of Social and Health Services (DSHS) is required to have the condition of each person detained under the act reviewed by a qualified

Ks Tacoma Holdings v. Shorelines Hearings

272 P.3d 876 · Court of Appeals of Washington · Jan 24, 2012

To qualify as an "aggrieved" person for purposes of establishing its standing under the SMA, KS Tacoma must put forth factual allegations demonstrating the following conditions: (1) The agency action has prejudiced or is … feasible consistent with the overall best interest of the state and the people generally. ¶ 18 RCW 90.58.020's hierarchy of land use preferences and stated policy of protecting the public's enjoyment of our State's shorelines clearly

In re the Estate of Wimberley

186 Wash. App. 475 · Court of Appeals of Washington · Jan 29, 2015

be created with such qualifying assets. … Wimberley’s intention clearly and inexplicably and it is those intentions which govern this proceeding.

In Re Marriage of Daubert

99 P.3d 401 · Court of Appeals of Washington · Dec 16, 2004

Johnson disputed the extent of the need for orthodontia and asserted he was qualified to provide what portion was necessary. He asserted he was unaware of unreimbursed medical expenses. … The context clearly requires us to conclude that the legislature did not intend the use of the term child support schedule in RCW 26.19.090(1) to be as defined in RCW 26.19.011(2).

State Of Washington, V. Brittney Carol Gustaitis

Court of Appeals of Washington · Apr 16, 2024

Id. 7 No. 57153-6-II In order to lay a foundation for admission, appropriate testimony by a custodian or other qualified witness is required to establish the … Here, the State failed to establish the foundational requirements to admit Helser’s testimony under the business records exception. Helser is not a records custodian or other qualified witness.

Quadrant Corp. v. American States Ins. Co.

76 P.3d 773 · Court of Appeals of Washington · Sep 22, 2003

The Washington Supreme Court's decision in Kent Farms allowing coverage despite the pollution exclusion establishes that the Insureds' argument is incorrect. … These clauses were clearly intended to exculpate insurance companies from liability for massive environmental cleanups required by CERCLA and similar legislation.

State of Washington v. Grant Thomas McAdams

Court of Appeals of Washington · Jun 17, 2014

The first seven claims clearly are without merit-some of them are not supported by the record, some lack legal significance, and other claims were not preserved at trial. … The reason is that no one was able to establish when the car was abandoned.

State Of Washington, V. Maxmillion D. Wilson

Court of Appeals of Washington · Sep 29, 2025

I don’t anticipate, frankly, even qualifying her as an expert. … Examples of such unusual circumstances include questions “‘in deliberate disregard of the trial court’s ruling,’ or ‘an objection by itself would be so damaging as to be immune from any admonition or curative instruction

State v. Hartzell

156 Wash. App. 918 · Court of Appeals of Washington · Jul 19, 2010

Any remark “that has the potential effect of suggesting that the jury need not consider an element of an offense” *937 could qualify as a judicial comment. Levy, 156 Wn.2d at 721 . … The court concluded the language of the instruction was “clearly discretionary’ and nothing in it suggested that the jury “must” infer criminal intent if it found unlawful entry. Brunson, 128 Wn.2d at 106.

State v. McNeal

175 P.3d 1139 · Court of Appeals of Washington · Jan 23, 2008

435 (2000) and Blakely , [10] because the State's charging information failed to "allege the existence of the condition precedent to the application" of the RCW 69.50.408(1) sentencing-doubling provision, namely his prior qualifying … Because McNeal cannot show a disadvantage flowing from this new sentencing procedure on remand, he does not establish an ex post facto violation. V.

In Re The Guardianship Of: W.c.

Court of Appeals of Washington · Jun 23, 2026

that a guardian from another jurisdiction has the highest priority: Except as otherwise provided in subsection (3) of this section, the court in appointing a guardian for an adult shall consider persons qualified … Corona clearly has significant emotional and personal investment in W.C.’s care, Corona has not established a pecuniary or personal right that was substantially affected by the superior court’s order appointing a successor

In Re The Marriage Of: Leslie Mccann, And Jeffery Mccann

Court of Appeals of Washington · Aug 20, 2018

Huffer was not qualified to diagnose Orr with a psychiatric disability, that conclusion is supported by substantial evidence. … Therefore, Orr has not established the trial court violated the rule.

National General Insurance Company, App V. Andrew Hamblin

Court of Appeals of Washington · Sep 26, 2022

National objected noting that Dietz was not qualified as an accident reconstruction expert. … National’s deposit of an amount it determined was the extent of its liability did not immunize the company from Hamblin’s claims. National, citing Norris v. Church & Co., Inc., 115 Wn.

State ex rel. J.V.G. v. Van Guilder

137 Wash. App. 417 · Court of Appeals of Washington · Mar 5, 2007

Subsection (l)(d) of that statute is the only place where such a limitation is discussed and it qualifies that limitation, stating that a deviation is inappropriate if it “will result in insufficient funds in the household … tuition payments should not have been considered as part of the deviation determination because such payments are extraordinary expenses not considered part of the standard child support calculation. 19 In In re Yeamans, we clearly

Joseph M. Thompson v. Progressive Direct Ins. Co.

438 P.3d 533 · Court of Appeals of Washington · Apr 9, 2019

Thompson’s motion for summary judgment and the final judgment establishing attorney fees and costs. … Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

Rocio Trujillo v. Northwest Trustee Services, Inc.

Court of Appeals of Washington · Jun 2, 2014

The language of the first sentence of RCW 61.24.030(7)(a) could have more clearly stated that a beneficiary who is the owner of a note is not always the holder of the note. The holder is entitled to enforce it. … this case 78 Id, at 4-5 (footnote omitted). 79 See Bain, 175 Wn.2d at 103-04; Whitman, supra note 43, at 26 n.23. 21 No. 70592-0-1/22 is inadequate to establish

Canal Station Condominium Assn, Resp. v. Ballard Leary Phase Ii, Lp, Et Ano.

Court of Appeals of Washington · Dec 23, 2013

In the alternative, Ballard Leary requested that the trial court bifurcate the case and stay the premature issues until the Association established liability and damages. … as "affiliates" of the Declarant, and/or pursuant to RCW 19.40.011(7) qualify as "insiders" of Declarant and one another.

Hargis v. Mel-Mad Corporation

46 Wash. App. 146 · Court of Appeals of Washington · Dec 9, 1986

Here, the conduct of the parties clearly indicates they intended to treat the lease as terminated or forfeited. Moore v. Northwest Fabricators, Inc., 51 Wn.2d 26, 29 , 314 P.2d 941 (1957). … However, RCW 60.10.070 states: "The *156 fact that a better price could have been obtained by a sale . . . in a different method from that selected by the lien holder is not of itself sufficient to establish that the sale

State Of Washington v. Jeffrey David Conaway

Court of Appeals of Washington · Mar 1, 2021

-2- No. 80214-3-I/3 docket, finding that the dismissed conviction qualified as a conviction for the prior conviction element of felony exposure. … App. 708, 714, 620 P.2d 1001 (1980) (the court misstated the law when it restricted the definition of great bodily harm, therefore, the “court clearly indicated to the jury that the evidence presented at trial was insufficient

John Cummings v. Seattle School District

Court of Appeals of Washington · Dec 23, 2013

The District scored Cummings as highly qualified in math in an April 2009 form. … DISCUSSION We review the factual determinations of the hearing officer under the "'clearly erroneous'" standard. Clarke v. Shoreline School Dist.