Case law

Lewis v. Department of Licensing

125 Wash. App. 666 · Court of Appeals of Washington · Feb 7, 2005

Clark, the Washington Supreme Court did not follow its analysis in Wanrow, but instead addressed the threshold issue of whether the conversations were private. 39 It did not reach the question whether the recording qualified … The in-car video provision dictates the conditions under which law enforcement personnel can record a traffic stop conversation even though the communication may be “private.” ¶22 Section 9.73.090(1) clearly states that the

Virginia Mason Medical Center, V. Rheannon Androckitis

Court of Appeals of Washington · Sep 30, 2024

We conclude that the provisions of WAC 296-126-092(1)-(2) clearly and unambiguously established a right to have a meal period. … The parties agree that the workers’ status as employees clearly makes them persons for whom WAC 296-126-092 was promulgated.

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.

Manna Funding, LLC v. Kittitas County

Court of Appeals of Washington · Feb 28, 2013

: "Every person who, under color of any statute, ordinance, regulation ... of any State ... subjects, or causes to be subjected, any citizen of the United States ..' . to the deprivation of any rights, privileges, or immunities … The request for costs is denied because the costs requested do not qualify as court costs. 27 No. 30539-2-III Manna Funding v.

Janet G. Husted, V State Of Washington

Court of Appeals of Washington · Mar 16, 2015

immunity and proximate cause. … "[Cjustody or [a] continuous relationship" which is not required to establish a take charge relationship and a "definite, established and continuing relationship" which is. Taggart. 118 Wn.2d at 219-23.

State Of Washington v. Brandon Farmer

Court of Appeals of Washington · Sep 19, 2017

The distinction between an immunity agreement and a benefit really is not something that this jury is capable of understanding. You know, immunity has a distinct legal definition to it. … Farmer argues that these statements were blatant misrepresentations and that Titus was clearly not motivated by the need to tell someone about the incident.

Utter v. Department of Social & Health Services

140 Wash. App. 293 · Court of Appeals of Washington · Aug 21, 2007

Based on well-established policy, we decline Utter’s request to do so. State v. … But instead of assuming that he was incompetent and dismissing the charges against him, the State initially sought and obtained a court order under RCW 10.77.060 for at least one qualified expert to examine and report on

Ward v. Coldwell Banker/San Juan Properties, Inc.

74 Wash. App. 157 · Court of Appeals of Washington · Jun 7, 1994

Coldwell’s guaranty was clearly in the buyers’ interest, enabling them to obtain financing and purchase the house. … It is only necessary for Wards to establish that they may have refused to permit their agent to guarantee the buyers’ *171 loan.

Stanzel v. City of Puyallup

209 P.3d 534 · Court of Appeals of Washington · Jun 16, 2009

Exhaustion of administrative remedies is a prerequisite to obtaining a decision that qualifies as a decision reviewable under LUPA. Ward v. … The exhaustion of remedies doctrine applies "in cases where a claim is originally cognizable by an agency which has clearly defined mechanisms for resolving complaints by aggrieved parties and the administrative remedies

Young v. Savidge

230 P.3d 222 · Court of Appeals of Washington · Apr 27, 2010

[RCW 7.70] clearly states that [it] modifies procedural and substantive aspects of all civil actions for damages for injury occurring as a result of health care, regardless of how the action is characterized." … "[T]he learned professions are not immune [under] chapter 7.70 RCW[] from CPA claims."

Stanzel v. Pierce County

150 Wash. App. 835 · Court of Appeals of Washington · Jun 16, 2009

Exhaustion of administrative remedies is a prerequisite to obtaining a decision that qualifies as a decision reviewable under LUPA. Ward v. Bd. of Skagit County Comm’rs, 86 Wn. … The exhaustion of remedies doctrine applies “in cases where a claim is originally cognizable by an agency which has clearly defined mechanisms for resolving complaints by aggrieved parties and the administrative remedies

Rizzuti v. Basin Travel Service of Othello, Inc.

125 Wash. App. 602 · 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. Id. at 20-21 (citing Kallevig, 114 Wn.2d at 923 ).

Stastny v. Board of Trustees of Central Washington University

32 Wash. App. 239 · Court of Appeals of Washington · Jun 17, 1982

Sellers, supra at 324-25, we cannot say the findings of fact entered by the Board are clearly erroneous. … He argues the recommendations were based on irrelevant and prejudicial considerations and his colleagues were not qualified as expert witnesses to give their opinions as to whether he should be dismissed. *249 We need not

Utter v. STATE, DEPT. OF SOC. & HEALTH SER.

165 P.3d 399 · Court of Appeals of Washington · Aug 21, 2007

. ¶ 14 Utter contends that "[his] state constitutional claim is the only clearly recognized basis under the APA in this case." Br. of Resp't at 16. … Based on well-established policy, we decline Utter's request to do so. State v.

State v. Scott

207 P.3d 495 · Court of Appeals of Washington · May 27, 2009

Without first establishing whether MJ's recantation was credible, the superior court denied the motion. Id. at 219, 896 P.2d 108 . Division Three of our court reversed. … Fernlund's statement is clearly a recantation of his earlier statement to police: He now affirmatively admits to having earlier lied about seeing Scott having sex with DH in order to "get [Scott] locked up."

Suzanne Parisien v. Eighty South Jackson Condominium Ass'n

Court of Appeals of Washington · May 8, 2025

Despite these reserve account and reserve study mandates, the WCA explicitly immunizes a condominium association and its board members from liability for neglecting to establish a reserve account and to prepare reserve … This statute only excuses board members from liability if the situation fits the statute’s conditions for immunity. It does not grant the corporation immunity.

Chad Wayne Hurn, V. Department Of Corrections

Court of Appeals of Washington · May 10, 2022

We hold that Hurn fails to establish a violation of his federal constitutional rights. … The second question is whether the right was clearly established at the time of the violation.

State v. Scott

150 Wash. App. 281 · Court of Appeals of Washington · May 27, 2009

Without first establishing whether MJ’s recantation was credible, the superior court denied the motion. Id. at 219 . Division Three of our court reversed. … Fernlund’s statement is clearly a recantation of his earlier statement to police: He now affirmatively admits to having earlier lied about seeing Scott having sex with DH in order to “get [Scott] locked up.”

State v. Smith

108 Wash. App. 581 · Court of Appeals of Washington · Sep 28, 2001

RCW 9A.44.150(1) clearly and unequivocally allows the court to consider the use of closed-circuit television only on motion of the prosecuting attorney. … The court then concluded that the prosecutor failed to establish that the child was unavailable.

Welfare of J.Y. and N.Y.; M.Y. v. DCYF

Court of Appeals of Washington · Jul 29, 2025

JY’s attorney expressed deep concern about JY’s suicidal ideation and argued that this qualified as “imminent” risk of physical harm under RCW 13.34.065(5)(a)(ii)(B)(I). … Our commissioner also concluded this was error that was well established after the Washington Supreme Court’s decision in L.C.S.