Case law

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.

Almquist v. Finley School District No. 53

114 Wash. App. 395 · Court of Appeals of Washington · Nov 21, 2002

District repeatedly referred to the meat as the product: So I think you have to go back to taking the big picture and look at it, and the big picture to look at it is there has to be something that the retailer does that qualifies … However, a party may raise the following claimed errors for the first time in the appellate court: (1) lack of trial court jurisdiction, (2) failure to establish facts upon which relief can be granted, and (3) manifest error

State Of Washington, V Steven Brian Yelovich

Court of Appeals of Washington · Oct 24, 2017

But the facts here are different than in Walther, where the interference with the defendant’s car clearly had been “completed”; it had been taken the day before. … Yelovich points out that a person is immune from civil liability under tort law for using force to recover stolen personal property.

State v. Fleming

228 P.3d 804 · 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 … NOTES [1] 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

Geoffrey Nelson Burns, V. Dina Patricia Burns

Court of Appeals of Washington · Jul 8, 2025

The court excluded this testimony because Dina did not qualify as an expert to offer an opinion about the effect of Geoffrey’s alleged childhood trauma. … to understand the scope of Dina’s 17 No. 59121-9-II challenge because Dina provides no record citations in the facts section of her brief and her arguments do not clearly

State of Washington v. Bisir Bilal Muhammad

419 P.3d 419 · Court of Appeals of Washington · Jun 7, 2018

While every factor need not be present to establish exigency, in the aggregate the factors must establish the need to act quickly. State v. Patterson, 112 Wn.2d 731, 736, 774 P.2d 10 (1989). … The merger doctrine applies when the legislature clearly indicates that it did not intend to impose multiple punishments for a single act that violates several statutory provisions. State v.

State Of Washington v. Kevin R. Case

Court of Appeals of Washington · Aug 6, 2019

The Supreme Court subsequently reversed our decision, holding that Case’s stipulation was sufficient to establish that he had two prior qualifying convictions under RCW 26.50.110(5). 187 Wn.2d at 91-92. … However, RCW 9.94A.530(2) clearly provides that once a defendant objects to the State’s proof of his prior convictions, the trial court must either (1) not consider the facts offered by the State or (2) grant an evidentiary

Hardee v. Department of Social & Health Services

152 Wash. App. 48 · Court of Appeals of Washington · Jul 27, 2009

superior court. 5 We review factual findings to determine whether they are supported by substantial evidence. 6 In reviewing factual findings under this provision, we will overturn an agency’s factual findings only if they are clearly … legal conclusions. 8 ¶12 “Constitutional challenges are questions of law subject to de novo review.” 9 Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has a heavy burden to establish

Club Level, Inc. and Ryan Fila v. City Of Wenatchee

Court of Appeals of Washington · Sep 1, 2015

The district court judge then also determined that qualified immunity applied to each of the constitutional claims. … No such behavior was established by the evidence.

State v. Massey

60 Wash. App. 131 · Court of Appeals of Washington · Jun 6, 1990

A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. … Admission of Harris's prior bad acts for the purpose of establishing a defense of duress is not supported by *144 any of the listed exceptions.

Bazan v. DEP'T OF SOCIAL & HEALTH SERVS.

26 Wash. App. 16 · Court of Appeals of Washington · Apr 28, 1980

Seattle, 86 Wn.2d 698, 712 , 548 P.2d 320 , cert. denied, 429 U.S. 886 , 50 L.Ed.2d 167 , 97 S.Ct. 237 (1976). [6] RCW 74.04.057 authorizes the department to promulgate such rules and regulations as are necessary to qualify … Withholding of information includes A willful failure by the recipient to report changes in income, resources or other circumstances which may affect the amount of payment, if the State agency has clearly notified the recipient

Dean Wilcox v. Basehore

189 Wash. App. 63 · Court of Appeals of Washington · Jul 23, 2015

ELR qualifies, for purposes of federal government contracts, as a disabled military veteran owned small business. ELR's President Emmett Richards suffered a gunshot wound during the Vietnam War. … Wilcox did not join WCH as a defendant since WCH was his employer, who enjoyed worker compensation immunity.

State v. Hartzell

237 P.3d 928 · 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" could qualify as a judicial comment. Levy, 156 Wash.2d at 721 , 132 P.3d 1076 . … 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.

State v. Anderson

41 Wash. App. 85 · Court of Appeals of Washington · Jun 26, 1985

Based on the foregoing, White's credibility and basis of knowledge were clearly established. … The proof required to satisfy admission is that which, in the opinion of the trial court, establishes or tends to establish the fact of the conspiracy, State v.

Michael Weaver v. City Of Everett

421 P.3d 1013 · Court of Appeals of Washington · Jul 16, 2018

Furthermore, by setting forth that a qualifying worker would receive “compensation in accordance with the following schedule,” these provisions linked a workers’ compensation to the specific injury alleged by the worker … Indeed, the medical evidence that he would -27- No. 76324-5-1/28 need to present in order to support each application would clearly not be the same.

James v. Adams v. Washington State Dept Of Corrections

189 Wash. App. 925 · Court of Appeals of Washington · Sep 1, 2015

Accordingly, to establish bad faith, an inmate "must demonstrate a wanton or willful act or omission by the agency." Id. at 103. … (1), and to establish that "the estimate [of time to respond] provided is reasonable," RCW 42.56.550(2).

State v. Howe

151 Wash. App. 338 · Court of Appeals of Washington · Jul 21, 2009

. ¶9 To determine whether an out-of-state conviction qualifies as a “sex offense,” a trial court compares the out-of-state statute with comparable laws of this state. See State v. … The State, therefore, failed to establish an essential element of the crime of failure to register as a sex offender. Werneth, 147 Wn. App. at 555 .

Madison Estates Invest. Ltd Partnership, Res. V. Madison Estates Lot 5 Investments, Llc, App.

Court of Appeals of Washington · Aug 12, 2024

On this record, MELP has not established a violation of its constitutional rights. … Carr explained that to determine whether a site qualifies as a wetland one must consider “three environmental parameters: hydrology, soil, and vegetation.”

Bazan v. Department of Social & Health Services

26 Wash. App. 16 · Court of Appeals of Washington · Apr 28, 1980

RCW 74.04.057 authorizes the department to promulgate such rules and regulations as are necessary to qualify the State for federal funds under the social security act ( 42 U.S.C.A. §§ 601 et seq. (1974 & Supp. 1979)). … Withholding of information includes A willful failure by the recipient to report changes in income, resources or other circumstances which may affect the amount of payment, if the State agency has clearly notified the recipient

Zink v. City of Mesa

140 Wash. App. 328 · Court of Appeals of Washington · Aug 23, 2007

When a record request is subject to the PDA, the burden of proof is on the agency to establish the applicability of a specific exemption. … Hearst Corp., 90 Wn.2d at 131-32 . ¶15 In Hearst Corp., the appellant, a county assessor, argued that “the cost and excessive disruption to the department of assessments clearly outweigh [ed] the public benefit of disclosing