Case law

Joe Wickersham v. State Of Washington

Court of Appeals of Washington · Oct 14, 2019

The court also dismissed the claims against Nishimura and King County.2 And it dismissed on summary judgment the Wickershams’ federal claim under § 1983 because qualified immunity shielded Willette. … do not establish that any defendant deprived them of possession of Maggie.

In Re the Estate of Bonness

13 Wash. App. 299 · Court of Appeals of Washington · Apr 22, 1975

Bonness, as nonintervention executrix, and she subsequently was appointed, qualified, and served as such until her death on June 2,1970. … Bonness was clearly acting in her fiduciary capacity as executrix with reference to the assets.

Robert T. Ekelmann, V. City Of Poulsbo

Court of Appeals of Washington · Jul 19, 2022

Before the start of negotiations, “the acquiring agency shall establish an amount which it believes to be just compensation . . . … RCW 8.26.180(3) clearly indicates that only the owners of the real property to be acquired have the right to obtain appraisal information, and only regarding their property.

Anne Jones Obo C.j., V. Maguire Darragh

Court of Appeals of Washington · Jul 28, 2025

The superior court reasoned that DeSean limited a respondent’s resort to criminal law affirmative defenses, but because a respondent’s capacity to commit a legally qualifying act is logically antecedent to an affirmative … DeSean has rejected this analysis, and directly stated that the mention of crime in the SAPOA is “clearly used to provide context for the civil remedy.” 2 Wn.3d at 337.

Liam Riley v. City of Tacoma

Court of Appeals of Washington · May 20, 2025

The majority opinion also concludes that Riley was not confused despite his testimony, because the City clearly communicated that it needed updated medical questionnaires. … Qualified for Position The City argues Riley failed to show there was a “preexisting vacant position for which he [was] qualified.” Br. of Resp’t at 55.

In Re Estate of Ehlers

80 Wash. App. 751 · Court of Appeals of Washington · Mar 5, 1996

The petitioning beneficiary must, however, demonstrate that removal is clearly necessary to save the trust property. In re Estate of Cornett, 102 Wash. 254, 264 , 173 P. 44 (1918). … In order to help ascertain the fair market value of any asset as of the date of the decedent’s death, the personal representative may hire "a qualified and disinterested person . . . .”

Rebecca Nelson v. James Duvall

197 Wash. App. 441 · Court of Appeals of Washington · Jan 3, 2017

night, somewhere between seven and ten shots, which are one and a half ounces each, of hard alcohol with mixers, for a young women of her stature and age is well beyond the legal limit and clearly … when you're a good-looking lady running around on campus.[5] The court denied issuance of the sexual assault protection order checking the box with the form language: "A preponderance of the evidence has not established

State v. Wilburn

51 Wash. App. 827 · Court of Appeals of Washington · Jun 21, 1988

It is part of my job to advise him of his rights, to determine if he wanted and qualified for court appointed attorney, and to do what we call a "bail study." *832 Q. … Although I recognize that there was error at the trial level, the error was clearly harmless.

Jonathan D. Clausen v. WBL SPO I, LLC

Court of Appeals of Washington · Oct 14, 2025

An LLC such as Lilac City qualifies as a “person” under RCW 31.04.015(21), which includes both individuals and business entities. … The first two elements of a CPA claim “may be established by a showing that the alleged act constitutes a per se unfair trade practice.” Hangman, 105 Wn.2d at 786.

Lincoln C. Beauregard v. Mayor Edward Murray

428 P.3d 141 · Court of Appeals of Washington · Oct 8, 2018

Plaintiff was clearly aware that his behavior was the subject of a motion, and, nevertheless, willfully and with a flagrant disregard for established legal norms, continued to file documents that were … After implicitly recognizing that Beauregard's conduct may qualify under an exception clause of RPC 3.6., the court did not frame the issue as whether his extrajudicial statements were proper.

Sue Jin Yi And Ronald Cox v. The Kroger Co.

Court of Appeals of Washington · Feb 5, 2018

Cox's claims qualify as statutory wage claims. II. Motion To Compel Arbitration QFC first challenges the trial court's denial of the motion to compel arbitration. … The CBAs do not clearly and unmistakably waive the right to a judicial forum for Cox's statutory wage claims.

In Re Marler

33 P.3d 743 · Court of Appeals of Washington · Oct 22, 2001

We remand to the Board with instructions to fix a new minimum term and to delineate clearly the effect of a MAP upon accrual of statutory good time. … A decision that an inmate is conditionally parolable via a MAP does not qualify as a decision on the duration of confinement unless the MAP process occurs within a predictable time frame.

Controlled Atmosphere, Inc. v. Branom Instrument Co.

50 Wash. App. 343 · Court of Appeals of Washington · Jan 14, 1988

Erskine's affidavit as *352 he was not qualified to testify as an expert and that the contents of the affidavit were conclusory at best. … Merit Motors, Inc., at 673 n.27, states: "The position that an expert's opinion that lacks any credible support creates an issue of 'fact' is clearly untenable." (Italics omitted.) Hash v.

State of Washington v. Bryan Jack Ross Crow

438 P.3d 541 · Court of Appeals of Washington · Apr 9, 2019

Not all defense counsel’s strategies or tactics are immune from attack. In re Personal Restraint of Caldellis, 187 Wn.2d 127, 141, 385 P.3d 135 (2016). … Crow needs to establish both.

Littleton v. Whatcom County

121 Wash. App. 108 · Court of Appeals of Washington · Apr 5, 2004

Chapter 70.95 RCW and Department of Ecology (DOE) Regulations Under chapter 70.95 RCW, Washington’s solid waste management statute, one may not maintain, establish, or modify a solid waste handling facility without a permit … The County next argues that chapter 70.95 RCW clearly anticipates that DOE will regulate manure because a statement in the legislative findings refers to “new and ever-mounting problems involving disposal of garbage, refuse

State v. Emery

161 Wash. App. 172 · Court of Appeals of Washington · Apr 13, 2011

Again, when viewed in the context of the prosecutor’s entire argument, the prosecutor here did not clearly express a personal belief in GC’s credibility. … The trial court or magistrate must first find whether information from confidential infor *202 mants or anonymous tips has enough reliability and credibility to qualify as historical fact.

In The Guardianship Of: R.C.

Court of Appeals of Washington · May 5, 2025

Because the father fails to establish reversible error, we affirm. I. … There, the suspected incompetent party, Susan Partridge, was representing herself pro se, even though the trial court later found that she “was not qualified to do so.” Vo, 81 Wn. App. at 789.

Rhay v. Johnson

73 Wash. App. 98 · Court of Appeals of Washington · Feb 22, 1994

Specific provisions for an adoptee’s inheritance rights were not established, however, until 1943. Laws of 1943, ch. 268. … It is neither possible nor desirable to establish a hard and fast rule regarding the legal status of adopted children in these will disputes.

Henry Grisby Iii, Resp. v. Robert Herzog, Apps.

190 Wash. App. 786 · Court of Appeals of Washington · Oct 26, 2015

The doctrine requires a clear showing that an established rule is incorrect and harmful before it is abandoned. … Because Young was not cited or briefed by the parties, we choose not to rely on it as establishing a clear duty. The only clear duty Grisby has established is the case-by-case determination required by Scarpelli.

Monica Diaz Barriga Figueroa v. Consuelo Prieto Mariscal

414 P.3d 590 · Court of Appeals of Washington · Apr 3, 2018

As to the procedural matter, the majority clearly errs in making up its own theory that the PIP application constitutes privileged work product of the insured. … The factual basis for that theory was not established in the trial court.