Case law

State Of Washington, V Sandra Joan Gatten

Court of Appeals of Washington · Apr 29, 2014

Ammons, 105 Wn. 2d at 187 -88. " The defendant, and not the State, ` bears the burden of establishing the unconstitutionality of his or her prior convictions at such … Such an analysis of prior convictions is clearly inappropriate for a trial court at a subsequent sentencing hearing.

Jc Aviation Investements, Llc, V. Htp, Inc.

Court of Appeals of Washington · Nov 8, 2021

And HTP fails to explain how its appeal from a contempt order qualifies as a judicial, administrative, or other action against it for purposes of the automatic stay. … App. 72, 84, 180 P.3d 874 (2008)); see also RAP 10.3(g) (the appellate court will only review a claimed error included in an assignment of error or clearly disclosed in the associated issue).

Toward Responsible Dev., Apps. v. City Of Black Diamond, Res.

Court of Appeals of Washington · Jan 27, 2014

TRD fails to show that the conclusions are clearly erroneous. … The Council's findings and conclusions further establish that the code requirements for MPD permit approval were satisfied.

Sound Infiniti, Inc. v. Snyder

145 Wash. App. 333 · Court of Appeals of Washington · Jun 23, 2008

Thus, the reverse stock splits undertaken by the boards of Sound Infiniti and Infiniti of Tacoma qualify as corporate actions that Pisheyar was entitled to, and did, in fact, dissent from pursuant to the provisions of chapter … there was a likelihood that the actions of Snyder and Hannah had damaged the corporations, and thus enjoin the reverse stock split that eliminated his interest in the corporations, there is no basis to depart from the well-established

State of Washington v. Nick Gregory Nichols

Court of Appeals of Washington · Aug 15, 2017

report weekly, in person, to the sheriff of the county where he ... is registered." 1 RCW 9A.44.130(6)(b). 1 Testimony at trial from Kevin Mc Vicker, an officer at the sex offender registration unit, established … Brown's apartment was clearly not Mr. Nichols's fixed residence because, as the court found, Mr.

Olasebikan Akinmulero, V. Allied Residential - Carriage House

Court of Appeals of Washington · Nov 7, 2022

But, even if there were evidence of unreasonableness, such evidence would not establish Akinmulero’s breach of contract claim, which would still require establishing that Allied failed to perform a contractual duty. … Allied’s argument is inadequate to establish its entitlement to attorney fees and costs on appeal.

In Re The Estate Of: Taylor Griffith

Court of Appeals of Washington · Jul 30, 2018

On December 18, the court entered "Order on Motion Establishing Liability and Damages." … Second, the parental immunity doctrine does not bar or limit the parents' liability to third parties.

Addai Investment Group, Llc v. Ditech Financial, Llc

Court of Appeals of Washington · Nov 19, 2018

Although the evidence is viewed in the light most favorable to the nonmoving party, if that party is the plaintiff and it fails to make a factual showing sufficient to establish an element essential to its case, summary … This court held that the redemption statute clearly states that only a creditor whose lien is subsequent in time to the lien foreclosed upon can be a qualified redemptioner. Id. at 630 (citing RCW 6.23.010).

State v. Farnsworth

133 Wash. App. 1 · Court of Appeals of Washington · Mar 7, 2006

But if facts or allegations contained in the foreign record do not directly relate to the elements of the charged foreign crime, such facts or allegations may not have been sufficiently proved to qualify for the conviction … Although the federal statute additionally included possession of “ammunition” as a way to commit the crime, the indictment clearly charged Farnsworth with possession of only a firearm, not ammunition. 16 Thus, the greater

Feenix Parkside Llc v. Berkley North Pacific

438 P.3d 597 · Court of Appeals of Washington · Apr 8, 2019

In support of this, water staining is clearly visible in both the blocking and truss bearing ends [on] each side of the roof drains. … The question for the court was whether the church produced evidence establishing that decay that was hidden from view and unknown to the church contributed to the collapse. Id. at 236.

State v. Farnsworth

130 P.3d 389 · Court of Appeals of Washington · Mar 7, 2006

But if facts or allegations contained in the foreign record do not directly relate to the elements of the charged foreign crime, such facts or allegations may not have been sufficiently proven to qualify for the conviction's … Although the federal statute additionally included possession of "ammunition" as a way to commit the crime, the indictment clearly charged Farnsworth with possession of only a firearm, not ammunition. [16] Thus, the greater

Frank Coluccio Construction Co. v. King County

136 Wash. App. 751 · Court of Appeals of Washington · Jan 22, 2007

Allowing such behavior is clearly inconsistent with Washington’s long-established policy of encouraging compliance with contractual obligations. Neis v. O’Brien, 12 Wash. 358, 361 , 41 P. 59 (1895). … However, the trial court entered findings of fact, supported by substantial evidence, that such losses qualified as “either an expediting expense or for protection of property coverage.”

State Of Washington v. Grocery Manufacturers Association

Court of Appeals of Washington · Nov 10, 2020

In GMA I, this court held that the trial court did not err in granting summary judgment in favor of the State as to whether GMA qualified as a political committee under former RCW 42A.17.005(37) by receiving contributions … But the legislature’s authorization of such a fine clearly is relevant to the excessive fines analysis.

In re the Welfare of: Ca. R.

Court of Appeals of Washington · Oct 27, 2015

Plumb hinted that Karen suffers from posttraumatic stress disorder, but Plumb did not provide any background to qualify her for diagnosing the disorder. … If the finding is not explicit, the court may imply the finding if the record clearly shows that the trial court found the parent currently unfit to parent.

State Of Washington v. Amos Gyau

Court of Appeals of Washington · Jul 20, 2015

The unchallenged findings establish Gyau moved to the United States in December 2008 and attended high school in this country. … Gyau testified multiple times during the 2013 trial on rape in the second degree and the trial transcript indicates he understood the questions asked and was able to communicate clearly and effectively.

Utter v. Building Industry Ass'n

176 Wash. App. 646 · Court of Appeals of Washington · Sep 16, 2013

The Washington Supreme Court observed that this legislation “sought to accomplish the initiative’s purpose by establishing campaign contribution limits.” Edelman, 152 Wn.2d at 587 . … In any case where the order is not enforced by the court according to its terms, the reasons for the court’s actions shall be clearly stated in writing, and the action shall be subject to review by the appellate courts by

Ncng, Llc, V Clark County

Court of Appeals of Washington · Jun 18, 2024

A petitioner establishes its burden under RCW 36.70C.130(1)(d) if “‘[t]he land use decision is a clearly erroneous application of the law to the facts.’” Fuller Style, 11 Wn. … As such, the bridge project qualifies for a statement of exemption from a substantial development permit. CCC 40.460.230.B.

Christina Bandaragoda Norton, Resp V. Sanjaya Sriyanga Bandaragoda, App

Court of Appeals of Washington · Jun 15, 2026

[to be] in conflict with each other, or she was not qualified to take on.” … The party challenging the award must establish that the court exercised its discretion in a manner that was “clearly untenable or manifestly unreasonable.” In re Marriage of Knight, 75 Wn.

Pnc Bank, National Association v. Laura Cozza

Court of Appeals of Washington · Mar 15, 2021

Cozza’s evidence falls short of establishing a genuine issue of fact as to trespass, particularly since she must establish an issue of fact as to each of the elements of trespass. 9 “To establish intentional … the immediately preceding antecedent and there is no comma before the qualifying phrase.

Kelly Skidmore, V. Ian Skidmore

Court of Appeals of Washington · Apr 4, 2023

She reported income for 10 years during the marriage, but has not yet earned the requisite credits to qualify for social security at retirement. … The party challenging the award bears the burden of proving the court’s decision was clearly untenable or manifestly unreasonable. In re Marriage of Knight, 75 Wn. App. 721, 729, 880 P.2d 71 (1994).