Case law

In Re The Dependency Of: N.b.g.

Court of Appeals of Washington · May 20, 2024

by stipulation if “the proposed guardian is qualified, appropriate, and capable of performing the duties of a guardian under RCW 13.36.050.” … In the order for A.R.G., finding of fact 2.16 references N.B.G., when it clearly meant to reference A.R.G.

State v. O'NEILL

91 Wash. App. 978 · Court of Appeals of Washington · Jul 27, 1998

The instruction's last paragraph plainly states that the defense is established if these two elements are met. … The "reasonable amount of persuasion to overcome reluctance" language is clearly designed for the typical undercover or sting operation. While perfectly appropriate in the normal entrapment case, it does not apply here.

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.

P.e.l., P.l & J.l., V. Premera Blue Cross

Court of Appeals of Washington · Nov 21, 2022

It also determined the exclusion “does not clearly violate” the FPA. P.E.L. and her parents (collectively P.E.L.) sued Premera. … A moving defendant can meet this burden by establishing that there is a lack of evidence to support the plaintiff’s claim. Id.

Gull Industries, Inc. v. State Farm Fire & Casualty Co.

181 Wash. App. 463 · Court of Appeals of Washington · Jun 2, 2014

Instead, we adopt the analysis outlined in Ryan and hold that an agency action must be adversarial or coercive in nature in order to qualify as the functional equivalent of a “suit.” ¶28 Here, the only communication Gull … Dec. 459 (1995) (“suit” in an all risks policy clearly and unambiguously refers to a court proceeding so there is no duty to defend environmental agency letters and proposed consent decree); Patrons Oxford Mut. Ins.

Dalton M, LLC v. North Cascade Trustee Services, Inc.

Court of Appeals of Washington · Feb 17, 2022

Clearly established rights should be respected and accorded without the intervention of the court system. Jane P. Mallor, Punitive Attorneys’ Fees for Abuses of the Judicial System, 61 N.C. L. REV. 613, 633 (1983). … When the defendant resists the plaintiff’s clearly established right without justification for doing so, its obstinacy gives the plaintiff no choice but to seek judicial assistance in enforcing his right. Jane P.

State v. Econ. Dev. Bd. for Tacoma-Pierce Cnty.

441 P.3d 1269 · Court of Appeals of Washington · May 21, 2019

The contention that litigation support does not qualify as a reportable independent expenditure ignores the express purpose of the FCPA in the context of modern politics. … The statute clearly required the defendants to report their nonexempt independent expenditures incurred when opposing the ballot initiatives in court.

State Of Washington, V. Tristan Trinh

Court of Appeals of Washington · May 11, 2026

Trinh clearly suffers from mental health problems, he was unwilling to present a mental health defense, adamant that a jury would agree with his delusional belief that he was clearly acting in self- defense.” … , and the record establishes counsel did just that.

Manuel Hidalgo v. Jeffrey Barker

Court of Appeals of Washington · Sep 10, 2013

The court did not ignore the defense case, observing that it did not find Westport's defense theories of public defender immunity and the statute of limitations to be persuasive. … He was highly qualified. 22 No. 30544-9-111 Hidalgo v.

Kary L. Caldwell, Respondent, v. the City of Hoquiam, Appellant

194 Wash. App. 209 · Court of Appeals of Washington · Apr 18, 2016

2013). 4 No. 71947-5-1/5 Whether a duty exists is a question of law.3 We review de novo questions of law.4 Washington has legislatively abolished sovereign immunity … been declared dangerous: (a) The owner shall provide and maintain a proper enclosure for the dangerous dog, as defined in HMC 3.40.040(13); and (b) The owner shall post his or her premises with a clearly

Wagner v. Flightcraft, Inc.

31 Wash. App. 558 · Court of Appeals of Washington · Apr 19, 1982

However, the evidence at trial clearly showed that Wagner suffered a loss of memory. That evidence showed he cannot concentrate and becomes irritable and frustrated. … There are no appeals involving these defendants. 2 Any dependents who qualify as statutory dependents would receive compensation for their losses because of the untimely death of the decedent under the Washington wrongful

In re the Detention of Rolando Reyes

Court of Appeals of Washington · Sep 19, 2013

First degree child rape is one of the crimes of sexual violence which qualifies a person for SVP status. … Tucker's written basis for his diagnosis: The legal and mental health record has established that Mr.

State v. Belieu

50 Wash. App. 834 · Court of Appeals of Washington · Mar 22, 1988

Further, the frisking, handcuffing and separating of the occupants was clearly justified by the unfolding events. As Mr. … These unfolding events clearly justified the frisking, handcuffing and separating of the occupants.

School Districts' Alliance for Adequate Funding of Special Education v. State

149 Wash. App. 241 · Court of Appeals of Washington · Mar 10, 2009

The evidence below clearly established that this multiplier is consistent with current national data on the total average excess cost of educating a student receiving special education. … Tom Parrish, testified that the F-196 reports alone cannot establish underfunding of special education.

Sanders v. State

139 Wash. App. 200 · Court of Appeals of Washington · Jun 12, 2007

Laws ch. 211C, § 7(15) as prohibiting the payment of fees to judge where disciplinary charges are established); see also In re Hamrick, 204 W. … Subsection 2 requires payment if the entity finds that the officer’s actions qualify. RCW 4.96.041(2).

Dependency Of: D.j.p., C.j.p., J.j.p., A.j.p., N.v.p., T.j.c.p.

Court of Appeals of Washington · Aug 14, 2023

We disagree that these instances establish inadequate interpreting by Jack. … Under RCW 13.34.180(1)(f), the Department must establish “that continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.”

State of Washington v. Scott T. Hurley

Court of Appeals of Washington · Jun 18, 2013

The qualifier clearly applies to affirmative conditions, however. See Acrey, 135 Wn. App. at 944; Armendariz, 160 Wn.2d at 114. … The SRA provides for a number of affirmative conditions that can be imposed depending on the circumstances and identifies them, clearly, as sentencing conditions.

Harberd v. City of Kettle Falls

120 Wash. App. 498 · Court of Appeals of Washington · Jan 15, 2004

Harberd’s objective was to establish the City’s public utility status to support his breach of contract claim. Consequently, Mr. … The waiver language clearly contemplates issues such as water contamination and damage to the affected lots.

SCHOOL DISTRICTS'ALLIANCE FOR ADEQUATE FUNDING OF SPECIAL EDUC. v. State

202 P.3d 990 · Court of Appeals of Washington · Mar 10, 2009

The evidence below clearly established that this multiplier is consistent with current national data on the total average excess cost of educating a student receiving special education. … Tom Parrish, testified that the F-196 reports alone cannot establish underfunding of special education.

Rabon v. City of Seattle

107 Wash. App. 734 · Court of Appeals of Washington · Jul 2, 2001

The Court remanded for further proceedings: While petitioner clearly is not entitled to contest the determination that his animals are vicious, he is entitled to contest the determination that they should be destroyed, regardless … Most courts recognize dog ownership as being “of an imperfect or qualified nature” and therefore subject to police power. The state may use its power to destroy or regulate dogs in order to protect human citizens.