Case law

State Of Washington, V Treven A. Perry

431 P.3d 543 · Court of Appeals of Washington · Dec 11, 2018

excessive or clearly too lenient. … Post, 118 Wn.2d 596, 618-19, 826 P.2d 172 (1992). 13 No. 49913-4-II As shown above, the trial court made additional findings of fact that it determined established

In Re The Estate Of Curtis E. Carlson, David Wands, Dds, Resp v. Dona Seely, Dds, Pet

Court of Appeals of Washington · Oct 14, 2019

Carlson was clearly in such a weakened state mentally and physically, that this Court finds he lacked legal capacity. … Carison’s established estate plan to exclude Dr. Seety from assuming his asset.

King v. Olympic Pipe Line Co.

104 Wash. App. 338 · Court of Appeals of Washington · Dec 26, 2000

The mere fact that the court said, in essence, that the new evidence changed nothing, does not establish an abuse of discretion. … Rptr. 2d at 513 (“Clearly, the public has a significant interest in a system that encourages individuals to come to court for the settlement of their disputes.”).

Alexander & Alexander, Inc. v. Wohlman

19 Wash. App. 670 · Court of Appeals of Washington · Apr 10, 1978

Wohlman's signature on the documents clearly manifested acceptance of the terms of exhibit 3. … A year later May set up his own horseshoeing establishment 5 miles from Wood's place of business.

National Homebuyers Fund, Inc. Apps. v. Wa State Housing Finance Comm., Resps.

Court of Appeals of Washington · Aug 17, 2020

As a part of the National Housing Act, 12 U.S.C. §1709, Congress has established a mortgage insurance program, operated by the FHA, that “promotes home ownership for those who may not qualify for a conventional mortgage … The record shows that NHF does not qualify as a governmental entity under this definition.

State v. Horton

195 Wash. App. 202 · Court of Appeals of Washington · Jul 26, 2016

Earls, 116 Wn.2d at 374-75 . ¶39 In Earls , our Supreme Court decided that the defendant “was repeatedly and clearly told of his right to have the assistance of an attorney. … Unlawful Possession of a Firearm ¶48 The issue of whether or not a Florida withheld adjudication qualifies as a predicate offense for unlawful possession of a firearm is an issue of first impression.

Ameriquest Mortg. Co. v. State Atty. Gen.

148 Wash. App. 145 · Court of Appeals of Washington · Jan 6, 2009

Clear Legal or Equitable Right ¶ 21 The GLBA establishes an obligation to protect financial customers' nonpublic information. … Instead, GLBA language clearly states that " any entity" that comes into possession of nonpublic personal information is considered a nonaffiliated third party and is subject to reuse provisions. ¶ 30 In Hodes v. U.S.

State Of Washington v. Docie Burch

197 Wash. App. 382 · Court of Appeals of Washington · Dec 28, 2016

Fateley, in their view, established that ordinary negligence was a requirement in addition to operation of a vehicle under the influence. … Once indigency is established, the RAPs establish a presumption of continued indigency throughout review. Sinclair, 192 Wn. App. at 393.

Debra Jean Blum v. Our Lady of Lourdes Hospital at Pasco, d/b/a Lourdes Health Network

Court of Appeals of Washington · Aug 27, 2013

The declaration established that Dr. Palmer saw and examined Ms. … The rule clearly requires a party to demonstrate its need for the continuance by affidavit.

Felix W. Schuck v. Gordon Beck, et ux

Court of Appeals of Washington · Oct 19, 2021

Of course, Pacific Steel and its employees enjoy immunity under worker compensation law, but the company and its employees have not been found negligent. … We must assess whether Tom Reinland’s activity qualifies as an abnormally dangerous activity.

State v. Haq

166 Wash. App. 221 · Court of Appeals of Washington · Jan 30, 2012

by a preponderance of the evidence.[ 2 ] ¶15 These statutes clearly provide that insanity is an affirmative defense that must be proved by a preponderance of the evidence. … of proof required to establish insanity among the courts of many other states and the United States Supreme Court.

Homeward Bound In Puyallup, V. Central Puget Sound Growth Manage

Court of Appeals of Washington · Sep 27, 2022

“The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements … No. 55560-3-II land use decisions because [those] decisions do not qualify as comprehensive plans or development regulations.’” Spokane County, 176 Wn.

Christiania Trust v. Steven M. Miller, et ux

Court of Appeals of Washington · Mar 5, 2015

The federal program under which the Millers sought a modification requires that a borrower be qualified for the modification that he or she seeks. … The defense of absolute privilege or immunity avoids all liability ." McNeal v. Allen, 95 Wn.2d 265, 267,621 P.2d 1285 (1980) (citation omitted) (citing Gold Seal Chinchillas, Inc. v.

Point Allen Service Area v. WASH. STATE DOH

115 P.3d 373 · Court of Appeals of Washington · Jul 7, 2005

. ¶ 9 DOH began issuing water system operating permits to PAWA in 1993, shortly after establishing the permitting program. … The party asserting invalidity bears the burden of establishing it. Former RCW 34.05.570(1)(a); City of Redmond v. Cent. Puget Sound Growth Mgmt.

Garrison First Family Ltd. Partnership v. Department of Health

128 Wash. App. 290 · Court of Appeals of Washington · Jul 7, 2005

. ¶9 DOH began issuing water system operating permits to PAWA in 1993, shortly after establishing the permitting program. … The party asserting invalidity bears the burden of establishing it. Former RCW 34.05.570(1)(a); City of Redmond v. Cent. Puget Sound Growth Mgmt.

Young v. Savidge

155 Wash. App. 806 · Court of Appeals of Washington · Apr 27, 2010

[Chapter 7.70 RCW] 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.” Wright, 104 Wn.

State v. Davis

176 Wash. App. 849 · Court of Appeals of Washington · Sep 20, 2013

He stipulated at trial to a prior qualifying conviction necessary to prove second degree unlawful possession of a firearm. However, citing Callahan, State v. Spruell, 57 Wn. … excessive or clearly too lenient. ¶53 RCW 9.94A.585(4)(a) has both a factual and a legal component.

State v. Fleming

155 Wash. App. 489 · Court of Appeals of Washington · Apr 13, 2010

Regarding its ruling on the customer contact document, the trial court stated: [The customer contact notes are] clearly a routine business record kept by this business, and it’s clerical in nature, documenting events that … RCW 5.45.020 states: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if

State Of Washington, V. Matthew John Jagger

Court of Appeals of Washington · Sep 3, 2024

Viewed in the light most favorable to the State, these are individually somewhat suggestive of intent to have a sexual relationship, and taken together are clearly so. … Because Rivera is not controlling in cases where the right to a peremptory challenge is established by state law, state courts have diverged in the wake of Rivera.

Hollenback v. SHRINERS HOSPITALS

206 P.3d 337 · Court of Appeals of Washington · Apr 30, 2009

Dudley, 140 Wash.2d 58, 77 , 993 P.2d 901 (2000), the Supreme Court held that a cause of action for wrongful discharge could be based on the clearly articulated public policy against sex discrimination found in the WLAD, … chapter 49.20 RCW, and RCW 49.60.010. ¶ 49 To qualify as a public policy for purposes of the wrongful discharge tort, a policy must be "truly public" and sufficiently clear.