Case law

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.

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).

State Of Washington, V. Dion Douglas Thorne

Court of Appeals of Washington · Apr 15, 2024

For a claim of error to qualify as a claim of manifest error affecting a constitutional right, the defendant must identify the constitutional error and show that it actually affected [their] rights at … Looking past the additional procedural hurdle that we do not consider arguments presented for the first time in reply, 5 Thorne fails to engage with any of the controlling case law from the Supreme Court that clearly establishes

Laurie Marie Helm v. Clayton Austin Helm

Court of Appeals of Washington · Aug 6, 2024

. ⎯ Clayton Helm appeals the trial court’s entry of a new Qualified Domestic Relations Order Military (2022 QDRO). Clayton1 is a retired member of the U.S. military. … And Clayton appears to concede that changes to the 2015 order were required for DFAS to resume distribution of payments established by the decree.

Anthony J. Bozung, Jr., V. Multicare Health System

Court of Appeals of Washington · May 20, 2024

During the first appointment to establish care, Dr. … Bozung failed to establish continuing negligent treatment under Washington law. First, Bozung cannot establish that the alleged negligent acts were part of a “substantially uninterrupted course of treatment.”

Garrison Family v. Mark And Michelle Garrison

Court of Appeals of Washington · Jul 14, 2014

Under the "last antecedent rule" of statutory construction, "[w]here no contrary intention appears . . . , relative and qualifying words and phrases, both grammatically and legally, refer to the last antecedent." … Inc.. 114Wn.2d 127, 787 P.2d 8(1990), our state supreme court established a two-prong test to establish whether a defendant is a "control person:" "[F]irst, that the defendant. . . actually participated in (Le.,

Carolyn Giger v. Dept. Of L&i

Court of Appeals of Washington · Sep 3, 2014

From this, Carolyn argues that, because Robert presented evidence that the 1985 accident led to his retirement in 1988, whether he qualified as voluntarily retired presented a genuine factual issue. … Farr, Overdorff, and Hartje clearly answer this question in the negative: Robert may not receive wage replacement benefits based on an aggravation that occurred after he voluntarily retired.

State v. Aradon (In re A.E.T.H.)

446 P.3d 667 · Court of Appeals of Washington · Aug 12, 2019

appearance of trying to send home a message to defense counsel that Superior Court Judges were personally involved in opposing their motion and personally siding against them with the VGAL Program staff attorney who had clearly … order after her oral recusal and the termination order must be reversed. ¶43 The Department argues that Judge Farris's signature and entry of the final order on termination required no exercise of discretion and therefore qualified

Rathvon v. Columbia Pacific Airlines

30 Wash. App. 193 · Court of Appeals of Washington · Aug 24, 1981

Respondents contend, however, that CPA's breach of duty is established by a rebuttable presumption of negligence against a common carrier in favor of its passengers. … My view is that we should continue, with most courts and authorities, to take the position that res ipsa loquitur *204 principles should apply to such cases; or, if we are to abandon them, clearly state that we are doing

In Re the Estate of Mower

193 Wash. App. 706 · Court of Appeals of Washington · May 3, 2016

that (1) a provision “in favor of” a testator’s former spouse under RCW 11.12.051 is one that benefits the former spouse without directly conferring a property interest or power, and the bequest to the Schulers does not qualify … We disagree. ¶42 As discussed above, Dana’s will clearly conditions the residuary bequest to the Schulers on Christine’s failure *726 to survive Dana by at least 30 days.

King v. Olympic Pipeline Co.

16 P.3d 45 · Court of Appeals of Washington · Feb 14, 2001

Immunity from federal prosecution was offered to and accepted by some Olympic employees in exchange for their testimony before the grand jury. Brentson supervised at least one of those employees. … The court's consideration of this factor is clearly proper, but the court appears to have assumed that a stay would delay all discovery for five years. [57] We must respectfully disagree, because the court has the power to

State of Washington v. Troy R. Holway

Court of Appeals of Washington · Jan 29, 2015

Holway contends that the State failed to present a witness qualified to testify to the location of the school bus zone to support the exceptional sentence enhancements on counts two and three. … The State produced sufficient evidence to establish school bus stops within 1,000 feet of delivery for counts two and three. Ms.

In Re The Dependency Of: C.m.l.

Court of Appeals of Washington · Oct 30, 2023

If you qualify, a lawyer will be appointed by the court to represent you. 14 No. 84852-6-I (consol. with Nos. 84853-4-I, 85000-8-I, 85001-6-I)/15 • Your … But D.L.’s summons clearly advised her that she had the right to a lawyer and explained the steps she must take to obtain one.

State Of Washington, App. v. Lg Display Co., Ltd., Res.

Court of Appeals of Washington · May 5, 2014

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. Bonner

21 Wash. App. 783 · Court of Appeals of Washington · Mar 1, 1979

His actions appear to be clearly within the bounds of his discretion. See State v. Basford, 1 Wn. App. 1044 , 467 P.2d 352 (1970). In addition, there is no evidence that any of the jurors saw the defendant handcuffed. … The trial judge allowed the introduction of such testimony on the ground that it was proper as a method of establishing the background to the investigation which ultimately led to the defendant's arrest.

State Of Washington, V Eddie Davis, Douglas Davis, Letricia Nelson

Court of Appeals of Washington · Sep 20, 2013

He stipulated at trial to a prior qualifying conviction necessary to prove second degree unlawful possession of a firearm. However, citing Callahan, State v. Spruell, 57 Wn. … excessive or clearly too lenient.

City of Gig Harbor v. North Pacific Design, Inc.

149 Wash. App. 159 · Court of Appeals of Washington · Mar 3, 2009

We agree with *173 North Pacific that the City’s argument asks us to ignore the plain language of former GHMC 17.30.050(G), which clearly permitted developers to build at a density of up to 12 dwelling units per acre as a … Goal 2.3.4, for example, provided: a) Establish a range of residential densities which would accommodate a variety of housing types and tenures.

Heidi Kaufman v. Geoffrey Kaufman

Court of Appeals of Washington · Apr 27, 2021

In contrast, a qualifying service-related injury that gives the veteran a disability rating greater than 50 percent allows the service member to receive both retirement pay and VA disability pay without waiver of any portion … Indeed, that is the whole point of the doctrine of res judicata—to establish finality despite later allegations that the prior order was erroneous. 14A DOUGLAS J.

State Of Washington, Resp. v. Leland D. Harris, App.

Court of Appeals of Washington · Jul 6, 2015

a factual basis for the court to find that the knife qualified as a deadly weapon under RCW 9.94A.825. … The certification clearly established that the crime was one of domestic violence ("Leland Dulani Harris (07-22-75) and Carmen Rae Young (10-29-84) have had a 6 year dating relationship and two children in common; 5 year

Eastside Pt, Inc. & Summit Pt, Llc v. U.s. Automobile Association & Usaa

Court of Appeals of Washington · Sep 30, 2019

To establish a CPA violation, a challenger must establish: (1) an unfair or deceptive act or practice; (2) in trade or commerce; (3) a sufficient showing of public interest; (4) injury to business or property; and (5) a … The objection essentially asserts that . the Settlement Agreement immunize[s] . .