Case law

Newport Yacht Basin Ass'n of Condominium Owners v. Supreme Northwest, Inc.

168 Wash. App. 86 · Court of Appeals of Washington · May 7, 2012

A prevailing party need not succeed on its entire claim to qualify for attorney fees, but it must substantially prevail in order to be entitled to such an award. Silverdale Hotel Assocs. v. Lomas & Nettleton Co., 36 Wn. … The court entered judgment against Radovich in this amount. ¶31 Clearly, Bridges’ damages were not proved at trial.

Andrea Cantu v. Yakima School District No. 7

Court of Appeals of Washington · Aug 2, 2022

In this case, the evidence establishes that the District ignored one of Ms. … State, no Washington statute grants immunity when the government agency fails to disclose a record or produce an unexempted document.

Whidbey Environ. Action Network, App v. Island County

Court of Appeals of Washington · Sep 1, 2020

The Board agreed, ruling that this second ordinance was flawed in that it did not clearly protect the western toad’s breeding site and did not protect upland, nonbreeding habitat at all. … The Board upheld the County’s differing treatment of upland habitat and breeding sites, noting that the best available science was “thin” with respect to upland and dispersal habitat, while it clearly established that the

State v. Asaeli

208 P.3d 1136 · Court of Appeals of Washington · Jun 2, 2009

The non-gang related evidence was clearly sufficient to show that Williams approached and challenged Fola to a fight. … We intend no disrespect. [4] Although the record is not entirely clear, it strongly suggests that Fola was of Samoan descent. [5] The record also suggests that Williams is of Samoan descent. [6] The record clearly establishes

In re the Personal Restraint of Quinn

154 Wash. App. 816 · Court of Appeals of Washington · Mar 8, 2010

To qualify as a knowing and intelligent plea, a guilty plea must be made with a correct understanding of the charge and the consequences of pleading guilty. State v. Wakefield, 130 Wn.2d 464, 472 , 925 P.2d 183 (1996). … The court in Mendoza held that “if the defendant was clearly informed before sentencing that the correctly calculated offender score rendered the actual standard range lower than had been anticipated at the time of the guilty

Ameriquest Mortgage Co. v. Attorney General

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.

Jared Bryan Killey v. Elizabeth Killey

Court of Appeals of Washington · Sep 28, 2015

law must be "sufficient to suggest the factual basis for the ultimate conclusions."15 But the court "is not required to make findings of fact on all matters about which there is evidence in the record; only those which establish … App. 813, 830, 105 P.3d 44 (2004). 25 Id, at 830-31. 26 id, at 831. 27 Clerk's Papers at 385. 7 No. 72932-2-1/8 box on this form, the plan clearly

Jenna Kass, V. Andrew Kass

Court of Appeals of Washington · Feb 17, 2026

Andrew also challenges the related FoF 17, which stated: More telling of no agreement, at least as to critical details, was the October 16, 2014 email where [Jenna] clearly wanted to “work[] through” … At trial, Jenna presented the testimony of Michael Moss—a certified public accountant (CPA)—who the trial court qualified as an expert.

State of Washington v. Christopher Randall Boring

Court of Appeals of Washington · May 23, 2013

The court clearly considered the option, exercised its discretion, and Mr. Boring may not appeal that ruling. 6 No. 30283-1-111 State v. Boring Mr. … Boring also claims he qualified for the parenting sentencing alternative and the trial court erred by not sentencing him under that alternative.

Department of Social & Health Services v. Salazar

185 Wash. App. 813 · Court of Appeals of Washington · Feb 9, 2015

understandably offered or provided, (4) there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future, and (5) continuation of the parent and child relationship clearly … White that her attorney arranged for the mother to attend CBT with a qualified therapist.

Lisa M. Azorit-worthham, V Department Of L & I

Court of Appeals of Washington · Aug 27, 2024

Clearly, she was exposed to many people at the airports, shuttles, hotels, as well as on the airplane. … The Board ultimately concluded that “the preponderance of the evidence simply does not establish Ms.

Northwest Pulp & Paper Assoc. V. Department Of Ecology

Court of Appeals of Washington · Dec 14, 2021

Those test methods are established in 40 C.F.R. part 136. … For an agency action to qualify as a rule, it must be an “agency order, directive, or regulation of general applicability,” and it must fall into one of five enumerated categories.

Ruth Scott, V. Amazon.com, Inc.

559 P.3d 528 · Court of Appeals of Washington · Nov 25, 2024

“This limitation clearly excludes stand alone personal injury claims like those for pain and suffering.” Ambach, 167 Wn.2d at 174. … It also “prevents a plaintiff from claiming expenses for personal injuries as a qualifying injury in and of itself.” Id. at 176 (emphasis omitted).

State Of Washington, V. Leon Caril, Ii

Court of Appeals of Washington · Sep 23, 2024

Right to Be Present As a starting point, the record before us clearly establishes that Caril’s trial counsel explicitly advised the court of his client’s request to appear remotely at the resentencing and coordinated … The record clearly establishes, though, that both the accuracy and sufficiency of the State’s proof of Caril’s criminal history was fully litigated during his original sentencing before the same judge with the same defense

Apartment Management Consultants Llc, V. State Dept. Of Revenue

Court of Appeals of Washington · Nov 12, 2025

AMC also argued that Rule 111 applied to its circumstances because the PMAs established that AMC was an agent of the Owners. … AMC’s employee handbook clearly demonstrates that AMC considers itself as the employer of onsite employees.

Lewis v. STATE, DEPT. OF LICENSING

105 P.3d 1029 · Court of Appeals of Washington · Mar 21, 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. [38] It did not reach the question whether the recording qualified … Section 9.73.090(1) clearly states that the Act's general rule, RCW 9.73.030, does not apply in certain "instances." The general rule prohibits the interception or recording of private communications.

Bravern Residential Ii, Llc v. Dept. Of Revenue, State Of Wa

Court of Appeals of Washington · Sep 23, 2014

To establish that a taxpayer is entitled to a refund, the taxpayer must prove that the tax paid was incorrect and prove the correct amount of tax. RCW 82. 32. 180. … The guidelines state that to qualify as a speculative builder, the joint venture must " perform the construction itself." CP at 488.

State v. McDaniel

155 Wash. App. 829 · Court of Appeals of Washington · Apr 28, 2010

The State has the burden on appeal of establishing that statements are nontestimonial. State v. … The gang member’s statements were clearly testimonial in nature, although we do not know what he said to Miller. See Crawford, 541 U.S. at 53 n.4; Tyler, 138 Wn. App. at 127 .

Dolly, Inc. v. State Utilities And Transportation Commission

Court of Appeals of Washington · Aug 11, 2020

The Commission found that consumers contact Dolly to arrange the transportation of goods and that Dolly establishes the rates, terms, and conditions of the transportation. … 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.

Jonathan Bloedow v. Planned Parenthood Of The Great Northwest

Court of Appeals of Washington · May 18, 2015

Such data can be used in proceedings in which the use of the data is clearly relevant and necessary and both the department and the patient or provider are parties. … The record also establishes that disclosure would substantially and irreparably damage a vital government interest.