Case law

State Of Washington, Resp-cross v. Danny Giles, App-cross

196 Wash. App. 745 · Court of Appeals of Washington · Nov 28, 2016

the court cited to the "general rule" of other jurisdictions, requiring that "[bjefore such testimony can be received, there must be such proof of connection with the crime, such a train offacts or circumstances as tend clearly … This expert is not qualified to testify as to what Aimee Rogers and Barbara Leal testified to. They can testify to what their reports indicate, not this witness.

Borton & Sons, Inc. v. Burbank Properties, LLC

444 P.3d 1201 · Court of Appeals of Washington · Jul 16, 2019

Here, Burbank has failed to establish that equitable relief is warranted because it has failed to establish that the forfeiture would be inequitable. 2 No. 36189-6-III … It is, therefore, reasonable to require the party seeking equity to first establish that an inequity has occurred or will occur.

Hidalgo v. Barker

176 Wash. App. 527 · Court of Appeals of Washington · Sep 10, 2013

Hidalgo now argued was “clearly” the proper strategy. 5 Id. at 6. He observed that Mr. Stevensen had come close to acquittals. He commented on the fact that Mr. … He was highly qualified. Although, as Westport points out, Mr.

Cox v. O'BRIEN

206 P.3d 682 · Court of Appeals of Washington · May 5, 2009

This statement provided, in pertinent part: For a more comprehensive examination of the specific condition of thIS property, you are advised to obtain and pay for the services of a qualified specialist to inspect the property … Trial on Unjust Enrichment Claim ¶ 16 On September 28, the trial court concluded that O'Brien's so-called "indemnity agreement," was void as against public policy because the agreement was not clearly drawn as required under

Collin Williams v. Seattle Public School District

Court of Appeals of Washington · Apr 27, 2015

Consistent with his testimony at the hearing, the document clearly demonstrates Williams's intent to participate in the new evaluation system. … Individual staff members could also voluntarily opt into the new system, and those who did so qualified for certain District positions.

State v. Paul

12 P.3d 1036 · Court of Appeals of Washington · Nov 17, 2000

In calculating the burglary offender score, the court found that the prior California grand theft qualified as a felony in Washington, assessed the Cowlitz County unlawful possession of a firearm and possession of stolen … Moreover, the Plea Statement Paul signed clearly listed the prosecutor's intention to recommend 75 months, and Paul told the trial judge during the plea hearing that he understood the State would be recommending 75 months

Bowers v. Pollution Control Hearings Board

103 Wash. App. 587 · Court of Appeals of Washington · Dec 4, 2000

We thus confine our analysis to the issues that are clearly set forth and argued in his brief. … Bowers’ expert later added: “Clearly the fact that something hasn’t been done is not an excuse for never having to do it.”

State Of Washington, V. Emmanuel Grandemartinez

Court of Appeals of Washington · Feb 24, 2025

But the trial court’s statements in that moment did not establish the only appropriate next steps in that circumstance. … But Grandemartinez fails to establish deficient performance or resulting prejudice.

Rizzuti v. Basin Travel Service of Othello, Inc.

105 P.3d 1012 · Court of Appeals of Washington · Feb 3, 2005

The memorandum of insurance and the blanket policy clearly state that the automatic transportation policy covered only tickets issued and reported to the ARC by Basin. … Any act that qualifies as an unfair claims settlement practice in WAC 284-30-330 constitutes a per se unfair trade practice impacting public interest.

Jane Koler/land Use & Property Law, Pllc, Apps V. City Of Black Diamond, Et Ano., Resps

Court of Appeals of Washington · Dec 27, 2021

An appointive officer receiving such a salary “shall hold office for a term of one year or until his successor is appointed and qualified.” BDMC § 2.08.030. … When the city attorney refused to defend the mayor in the mandamus action, the mayor hired outside counsel and successfully established the illegality of the bonds. Id.

Olympic Stewardship Foundation v. Environmental & Land Use Hearings Office Ex Rel. Western Washington Growth Management Hearings Board

199 Wash. App. 668 · Court of Appeals of Washington · Jun 20, 2017

With respect to provisions affecting only shorelines, a petitioner must establish that the provisions at issue are “clearly erroneous” in view of the entire record before the Board. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.

Tanessa Desranleau, V. Hylands, Inc.

Court of Appeals of Washington · Apr 17, 2023

The—the evidence clearly established—and I don’t think there’s any dispute— 6 Defense expert Dr. … The court did not explain why the RPC violation qualified as a violation of a court rule under RAP 18.9(a).

State v. Leuluaialii

118 Wash. App. 780 · Court of Appeals of Washington · Oct 13, 2003

However, as to technique, we believe the arguments about human DNA are better focused by reference to ER 702 and its two-part test: (1) does the witness qualify as an expert and (2) will the testimony be helpful to the jury … The evidence here clearly involved novel scientific theory: the forensic identification with high statistical probabilities of a specific dog through analysis of canine DNA.

Raymond Grove v. Peacehealth St. Joseph's Hospital

Court of Appeals of Washington · Oct 28, 2013

Ghidella testified that the damage sustained by Grove was "clearly" a result of the late diagnosis. Dr. … Moreover, in a tortious interference case, no expert testimony is necessary to establish duty.

IUI v. St. Paul Fire & Marine Ins. Co.

87 P.3d 774 · Court of Appeals of Washington · Apr 5, 2004

Although he explains that he reviewed the documents, and made copies from the originals, he does not establish personal knowledge. … Without the arbitration award and subsequent transfer to Moskam, the barratry would clearly have been the loss.

Cox v. O'Brien

150 Wash. App. 24 · Court of Appeals of Washington · May 5, 2009

This statement provided, in pertinent part: FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY … Trial on Unjust Enrichment Claim ¶16 On September 28, the trial court concluded that O’Brien’s so-called “indemnity agreement” was void as against public policy because the agreement was not clearly drawn as required under

State v. Paul

103 Wash. App. 487 · Court of Appeals of Washington · Nov 17, 2000

In calculating the burglary offender score, the court found that the prior California grand theft qualified as a felony in Washington, assessed the Cowlitz County unlawful possession of a firearm and possession of stolen … Moreover, the Plea Statement Paul signed clearly listed the prosecutor’s intention to recommend 75 months, and Paul told the trial judge during the plea hearing that he understood the State would be recommending 75 months

State Of Washington v. Joel A. Wilson

Court of Appeals of Washington · Apr 2, 2013

The criminal rules of procedure, RCW 2.6. 100( 1 and case 3 ), law clearly … Young, like Wilson, had not disputed that the testifying doctor was qualified as an expert.

In Re The Marriage Of: Scott Lee Grieben, V. Shawn Suzanne Austin

Court of Appeals of Washington · Sep 12, 2022

It stated that it was not clear whether the parties anticipated her securing a full time job, but it was clear the parties clearly anticipated that she would be able to choose to work to supplement her income, and she … Austin did not establish a substantial change of circumstances in her financial need that justified a maintenance modification.

In Re the Estate of Eberle

4 Wash. App. 638 · Court of Appeals of Washington · Apr 7, 1971

The co-executors were duly qualified and letters testamentary issued on September 15, 1964, and the estate proceeded through administration, largely under the nonintervention powers set forth above, and with some complications … We find that this clause is not a specific enough statement to overcome the well-established usual rules regarding tax liability.