Case law

Elisa Gonzalez, V Farmers New World Life Insurance Company

Court of Appeals of Washington · Mar 16, 2026

“It is the responsibility of the complainant clearly to allege facts demonstrating that [they are] a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial … Furthermore, even if that rule applies to the circumstances before us, she has not presented a qualifying motion for substitution. See RAP 3.2(b)-(c).

State v. Leuluaialii

77 P.3d 1192 · 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.

Lewis v. City of Medina

13 Wash. App. 501 · Court of Appeals of Washington · May 12, 1975

That the use requested by the applicant, if established, will not be of a general classification differing from the essential use provisions of the land use district in which the land and/or structure is located. … With reasonable limitations, it permits the construction of nonconforming improvements "without the necessity of a variance" if the parcel of land "would have qualified as a building site under minimum lot size and frontage

Matter of Marriage of Sedlock

69 Wash. App. 484 · Court of Appeals of Washington · Apr 26, 1993

In addition, unlike Bernier and Shaffer , here, the tenancy in common was intended to be of short duration and the parties' respective interests in the home were clearly established by the court. … Although she was not yet reestablished in the job market by the time of trial, we certainly agree that Marcia is fully qualified to reenter full employment.

In Re The Marriage Of: Saeed Kaley v. Nancy Kaley

Court of Appeals of Washington · Dec 30, 2019

The Husband very clearly promised to pay maintenance to the Wife until May 2024, even if she remarried. … The unchallenged findings and uncontroverted record establish as a matter of law Saeed and Nancy entered into an enforceable agreement.

State v. Asaeli

150 Wash. App. 543 · Court of Appeals of Washington · Mar 31, 2009

The non-gang-related evidence was clearly sufficient to show that Williams approached and challenged Fola to a fight. … The record clearly establishes that Asaeli is of Samoan descent. The record also suggests that Vaielua is of Samoan descent. Williams and Asaeli are cousins.

In The Matter Of The Parental Rights To A.r.

Court of Appeals of Washington · Jul 29, 2024

Moreover, E.R. cannot establish that service at M.W.’s home would have been more likely to ensure that he received actual notice. … WE CONCUR: 1 It is also worth noting that E.R.’s attorney, Bryant, informed the court that she was “aware of [E.R.’s] interest to seek further review if he did not prevail at trial,” clearly indicating that E.R

Wagner Development, Inc. v. Fidelity & Deposit Co.

95 Wash. App. 896 · Court of Appeals of Washington · May 28, 1999

“Nothing more need be proved to establish liability under ... an attachment bond . . . .” 1A Wash. Prac. § 51.3, at 399; see also Ross v. … App. 601, 608 , 779 P.2d 281 (1989) (“The realization that [the] first declaration was insufficient does not qualify the second declaration as newly discovered evidence.”).

Brown v. Department of Health

94 Wash. App. 7 · Court of Appeals of Washington · Dec 17, 1998

This administrative proceeding started before a health law judge and finished with the Dental Disciplinary Board, consisting of three licensed and qualified dentists. … Clearly, the civil sanctions were not imposed for the *20 same offense. And the findings of unprofessional conduct do not even arise out of the same set of facts. Knutson, 88 Wn. App. at 680 .

State Of Washington, V. Tan Chi Phan

Court of Appeals of Washington · Dec 27, 2022

When Phan indicated that he did not understand the question, the trial court emphasized that Phan would be held to 1 A “strike offense” is an offense that qualifies as a “most serious offense” … established law.

State Of Washington, V Thomas Saunders Lomax

Court of Appeals of Washington · Jun 13, 2017

Ehrhardt where the jury clearly would not be able to see his feet. So if you’re concerned about the jury seeing the shackles have Mr. Lomax move to the left of Mr. Ehrhardt. … Unlike Damon and Flieger, where the record clearly indicated that jurors could observe the defendant in shackles, the conflicting observations of defense counsel and the trial court do not establish that the jurors

State v. AU Optronics Corp.

180 Wash. App. 903 · Court of Appeals of Washington · May 5, 2014

. ¶4 LG Display is not licensed or qualified to do business in Washington State. … Reader’s Digest Ass’n: 76 Respondent solicited Washington business and derived substantial profits from Washington residents by clearly illegal methods.

State v. Young

48 Wash. App. 406 · Court of Appeals of Washington · Jul 8, 1987

Generally, any circumstance is admissible which reasonably tends to establish the theory of the party offering it, to explain, qualify or disprove the testimony of his adversary. Rothman v. North Am. Life & Cas. … The affidavits here clearly reflect the juror's thought process and therefore may not be considered in reviewing either the denial of the motion for new trial or the alleged instructional error.

In re the Personal Restraint of Carlstad

114 Wash. App. 447 · Court of Appeals of Washington · Nov 25, 2002

The Court reasoned that the prison mailbox rule is fair because: Unlike other litigants, pro se prisoners cannot personally travel to the courthouse to see that the notice is stamped “filed” or to establish the date on which … The State argues that because Carlstad’s personal restraint petition was not “authorized by Title 10 or Title 13” of the Rules of Appellate Procedure, and does not qualify as a “motion” under RAP 17.4, RAP 18.6(c) clearly

State Of Washington, Resp. v. Andre L. Perez, App.

Court of Appeals of Washington · Jul 14, 2014

The other items in the group offered for admission were clearly admissible to show E.C.'s reasonable fear of Perez. … Accordingly, this statement likely does not qualify as a present sense impression.

Forbes v. American Building Maintenance Co. West

148 Wash. App. 273 · Court of Appeals of Washington · Jan 8, 2009

Schultz contends the contract is not ambiguous because the settlement contingency clearly relates only to settlement before a judgment is entered. … Accordingly, attorney fees to the prevailing party in a lawsuit generally do not qualify for prejudgment interest. Weyerhaeuser Co., 142 Wn.2d at 687-88 .

Forbes v. AMERICAN BLDG. MAINTENANCE CO.

198 P.3d 1042 · Court of Appeals of Washington · Jan 8, 2009

Generally the renegotiation of an attorney's fee after establishment of the attorney-client relationship requires particular attention and scrutiny. Ward v. … Accordingly, attorney fees to the prevailing party in a lawsuit generally do not qualify for prejudgment interest. Weyerhaeuser, 142 Wash.2d at 687-88 , 15 P.3d 115 .

State Of Washington, V Daniel H. Tyner

Court of Appeals of Washington · Sep 20, 2022

To establish prior violations to support count two, the State offered evidence of two 2016 convictions for violation of a no contact order. … The probable cause statement clearly shows Tyner came to D.W.’s residence, assaulted her, left, and then returned to her residence.

State Of Washington v. Raymond Rosarro Abitia

Court of Appeals of Washington · May 27, 2014

Gaasland-Smith was qualified as an expert to discuss child sex abuse in general. Gaasland- Smith testified that it is not unusual for children to delay disclosure. … In cross-examination, Abitia established that in his case there was no sexual deviancy evaluation. He renewed his objection.

D. Angus Lee v. Jerry Jasman

Court of Appeals of Washington · Aug 19, 2014

According to Morrison, Jasman's experience and training rendered Jasman the most qualified person to work in the Grant County Coroner's Office. … Jasman 1 I J all purposes of Title 9 RCW, "save when otherwise plainly declared or clearly apparent I I , from the context."